Under Trump, the work visa and green card routes that still realistically function are entrepreneurial tools like L-1, E-2, and U-1, along with specialist programs EB-1A and EB-2 NIW — though approval patterns and costs for some of them have changed.
In short
- The firms discussed here work only with entrepreneurial visas and specialist visas — not with asylum or student visas.
- The E-2 visa is closed to citizens of Russia but open to citizens of Ukraine.
- The $100,000 H-1B fee doesn’t apply when changing status within the US, for example from a student visa.
- EB-2 NIW approvals reportedly dropped from around 95% under Biden to roughly 60% now.
- EB-5 requires not just meeting the minimum investment threshold but also demonstrated job creation for American workers.
Which visas and green cards immigration firms are actually working with now
The immigration firms whose practice is discussed here limit their specialization to a defined set of categories:
- entrepreneurial visas and green cards — treated as the core focus;
- visas and green cards for specialists across all fields and directions.
Outside that specialization fall:
- temporary protection and temporary asylum cases;
- political asylum applications;
- study (student) visas;
- citizenship through birth of children in the US.
This split sets the boundaries of the material: what follows covers only entrepreneurial and specialist routes, not every possible way to enter or stay in the US.
This covers only entrepreneurial visas and specialist visas. Asylum, student visas, and citizenship through birth in the US are not part of this material.
L-1, E-2, and U-1: which entrepreneurial visas still work
The L-1 visa for intracompany transfers suits owners of a running business with revenue earned outside the US: such a company can transfer its owner to a US office and later switch that status to a green card. This route is called underrated — it works around classic investor schemes and fits people who already have an operating business rather than startup capital to invest.
The E-2 visa for small investors isn’t open to everyone: it’s closed to citizens of Russia, while it’s open to citizens of Ukraine. It’s a working path to move to the US for those ready to launch their own business in any lawful field.
it’s closed to citizens of Russia, while it’s open to citizens of Ukraine
The U-1 visa is set to become especially sought-after given the new restrictions on H-1B work visas: people who used to count on H-1B now have few alternatives left — either L-1 or U-1.
If access to H-1B is limited, L-1 (if you already run a business) or U-1 are worth considering — for many, these are currently the only realistic routes.
Entrepreneurial visas: who L-1, E-2, and U-1 fit
Table scrolls sideways
| Criterion | L-1 | E-2 | U-1 |
|---|---|---|---|
| Who it fits | Owners of a running business with revenue earned outside the US | Those ready to launch their own business in a lawful field | Those who’ve lost their shot at H-1B |
| Eligibility by citizenship | No restrictions noted in the text | Closed to citizens of Russia, open to citizens of Ukraine | No restrictions noted in the text |
| Path to a green card | Status can be switched to a green card | Not specified in the text | Not specified in the text |
Data drawn from the article text only, without additional sources.
H-1B and the $100,000 fee: what has changed
A $100,000 fee per worker has been introduced for H-1B work visas; at the time this material was prepared, its application was suspended amid litigation over the legality of the fee — and that restriction alone narrowed the routes available to specialists who used to count on this category. Given such a fee, some candidates are forced to look toward L-1 or U-1 as more realistic alternatives.
The fee does not apply to a change of status within the US. If a foreign national is already in the country — on a student visa, for example — and switches status to H-1B after finding an employer, the $100,000 fee doesn’t apply to them. That makes the “student visa → change of status to H-1B” combination a working way around the new fee, unlike filing for H-1B directly from outside the US.
The fee does not apply to a change of status within the US.
The legality of the fee itself is still being contested: some attorneys are trying to prove it was introduced unlawfully. Regardless of how those disputes end, H-1B remains a lottery — and that limitation existed well before the fee was introduced.
The fee applies to filing for H-1B from outside the US and is currently suspended due to litigation. It doesn’t apply to a change of status within the country.
EB-1A extraordinary ability green card and EB-2 NIW: the odds under Trump
The green card for extraordinary ability (EB-1A) remains one of the toughest programs, and under Trump it’s set to get even harder to obtain: preparing a filing will take more effort and more time than before.
The situation with EB-2 NIW is different: an unhealthy hype and set of myths built up around it under the previous administration. Based on practitioners’ estimates, under Biden nearly everyone who applied got approved — a figure of around 95% was cited, though no exact official number has been published. That mass influx of approved petitions created queues and a backlog already at the consular processing stage: quotas ran out quickly, and the wait stretched to 2–3 years.
under Biden nearly everyone who applied got approved — a figure of around 95% was cited
Now, according to practitioners’ estimates, the approval rate has been noticeably reduced — to roughly 60%. This appears to be an attempt to normalize and shorten the queues. At the same time, the core substance of NIW hasn’t changed: it’s a project in the US national interest, and an applicant has to prove not only their own value as a specialist but also that the project itself is something America needs. The earlier confusion, where virtually any project got approved regardless of its connection to national interest, is reportedly over.
EB-2 NIW: how the approval rate has changed
Practitioners’ estimates of EB-2 NIW approval rates before and after the change of administration.
- Petition approval ratebased on practitioners’ estimates; no exact official figures available
The approval rate reportedly dropped from around 95% under Biden to roughly 60% now. You need to prove not only your own value but also that the project is something America needs.
EB-5: the investor green card and the national interest requirement
The EB-5 program requires proving that the investment meets the established minimum threshold and that the project creates the required number of permanent jobs for US workers. This is a separate and serious part of preparation: under Biden, some projects reportedly got approved without strict verification of this criterion — now the requirements for justifying the investment and job creation have tightened.
Frequently asked questions
Can you file for H-1B directly from abroad to avoid the $100,000 fee?
No, the fee exemption applies only to a change of status within the US. Filing for H-1B directly from abroad is subject to the fee, so the “student visa → change of status to H-1B” route works, while filing from outside the US does not.
Does the L-1 visa work for someone with no running business, just startup capital?
No, L-1 is designed specifically for owners of an already operating business with revenue earned outside the US — the company transfers its owner to a US office. Those with capital to invest rather than a running business should look toward investor categories like E-2 or EB-5.
What happens with the E-2 visa if an applicant holds dual citizenship, including Russian?
There’s no direct answer for this case: it’s only known that E-2 is closed to citizens of Russia and open to citizens of Ukraine. The dual citizenship question requires separate clarification, so it can’t be answered definitively here.
How long does EB-2 NIW processing currently take given the drop in approval rates?
There are no exact timelines for the current period. It’s only known that when the approval rate was higher, the wait at the consular processing stage already stretched to 2–3 years due to queues and limited quotas — with the current drop in approvals, timelines may differ, but this hasn’t been separately assessed.
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