America’s immigration landscape is shifting—and fast.
Policies that once offered pathways to residency and legal status are being narrowed or shut down entirely. From birthright citizenship to TPS, and from ICE enforcement to the growing backlog of legal visas, it’s becoming clear that many of the traditional ways to stay in the U.S. are no longer guaranteed.
Here’s what’s happening—and why it matters for those already in the United States.
Birthright citizenship is on the chopping block
President Donald Trump has openly called for the end of birthright citizenship, long considered a constitutional guarantee for any child born on U.S. soil. While US courts and legal scholars debate the boundaries of the 14th Amendment, a recent Supreme Court ruling limiting nationwide injunctions gives Trump more room to move forward with executive action.
It is a shift that changes the law and challenges the assumption that being born in the U.S. automatically confers citizenship. A federal court in New Hampshire recently blocked Trump’s executive order on birthright citizenship, emphasizing the discussion on citizenship rights.
TPS extensions are drying up
Temporary Protected Status (TPS) has allowed nationals from certain countries to live and work in the U.S. due to humanitarian crises or unsafe conditions back home.
However, the Department of Homeland Security has terminated TPS for countries like Honduras, Nicaragua, Haiti, Venezuela, and Nepal. DHS has made it clear: extensions won’t be automatic, and terminations are moving forward, with beneficiaries from these countries having no clear path to permanent residency. For thousands of families who’ve been here legally for decades under TPS, the clock is ticking.
ICE is stepping up deportations
Immigration and Customs Enforcement (ICE) is becoming more aggressive in its enforcement priorities. In recent months, raids, detainments, and expedited removals have increased. It primarily affects those who have overstayed visas or lost legal status due to technical issues or denials. However, even immigrants with jobs, families, and years of ties to the U.S. are finding themselves detained and removed.
International Students face more scrutiny
US immigration authorities have enhanced scrutiny of social media activity for international student and exchange visitor applicants (F, M, and J visas) to strengthen national security and public safety. EB-5 is a good alternative to students who want to stay and work in the United States after graduation.
New legislation increases pressure
Congress enacted the “One Big Beautiful Bill Act” on July 4, introducing new immigration fees, allocating funds for border security, and imposing limits on employment authorization for certain immigrants.
The most notable fees introduced are a $250 visa integrity fee for anyone issued a nonimmigrant visa; a $500 fee for filing for Temporary Protected Status (TPS); a $550 initial filing fee for filing for employment authorization for asylees, parolees, and TPS beneficiaries; and a $1,000 immigration parole fee.
Adjustments to immigration regulations
The government also revised US immigration criteria for Chinese students, and stricter rules for immigrant visa applications linked to Communist or totalitarian party membership. There is also a new visa and travel ban affecting nationals from 19 countries, and changes to medical examinations for US immigrants filing Form I-485. Finally, USCIS updated guidance on the validity of marriages between principal asylees or refugees and their claimed spouses in March.
Ongoing challenges in other visa options
The H-1B program, once a popular way for skilled workers to transition to permanent residency, is affected by low approval rates and rising costs. Family-based immigration is now facing years-long backlog in many categories. Asylum claims are delayed and uncertain. And even the Diversity Visa Lottery is being challenged in court.
These developments impact undocumented immigrants who are struggling and legal immigrants across different categories, such as children born in the US, asylum seekers, international students, visa holders, and H-1B applicants, navigating the US immigration system. For many, there are fewer and fewer ways to “wait it out” and hope for legal status.
EB-5 is one of the last doors still open
In this climate of shrinking immigration options, the EB-5 Immigrant Investor Program offers a clear, structured, and lawful path to permanent residency.
The EB-5 visa program focuses on an investor’s ability to invest and create U.S. jobs. By investing a minimum of $800,000 in a qualifying U.S. project that creates US jobs, it allows the applicant and their direct family members the opportunity to obtain a green card relying on legal documentation and a source of funds.
Today’s EB-5 investors are already in the U.S.
While EB-5 has traditionally attracted overseas applicants, the reality is changing.
These are smart, professional individuals who have built lives in America and are looking for a way to stay here legally and permanently. With other options closing, EB-5 is their most secure route.
Many EB-5 immigration attorneys report an increase in demand for EB-5 visas by US visa holders like H-1B and F-1 visa holders, who face greater scrutiny during the Trump administration.
A U.S.-Based EB-5 Conference offers options and learning
The EB-5 industry must focus on where most investors are right now: already in America.
That’s why EB5Investors is hosting its upcoming investor-focused EB-5 conference in Miami on August 27-28. This event is built specifically for the growing number of EB-5 applicants already in the country. It’s a chance to speak directly with regional centers, lawyers, fund managers, and other stakeholders in a setting that is educational and accessible.
Timing Is Critical
As immigration enforcement tightens and other pathways get narrower, investors on temporary US visas who want to transition to permanent residency require speed and guidance.
EB5Investors’ Miami conference will offer these U.S.-based investors the opportunity to explore their EB-5 options for free, learn about vetted projects, and get clarity on their legal path, without leaving the country. Reach out to us today if you would like to join our Miami event.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
