USA Immigration through investment

Explains the EB-5 visa benefits from an Indian citizen perspective

Details about the EB-5 requirements.

List out the various benefits of EB-5

Highlights the costs involved in the EB-5 process 

The entire EB-5 process has several steps. Highlights the major steps involved

There are several points to consider before embarking on the EB-5 journey. 

Some questions answered. Please feel free to reach out to us if you have any question not listed here.

Download a print version of EB 5 Fact Sheet

India is one of the fastest growing markets for the EB-5 applicants who are seeking to migrate to the United States for educational, business and career opportunities for themselves, their families and their children.

United States is one of the most desired education destinations for students from India. Following their graduation from US colleges, many students prefer to gain work experience in the host country, and perhaps become residents. For U.S.- educated international students, the program can be a positive alternative to seeking H-1B visas.

Indian Americans are the most educated population in the United States, with more than 80 percent holding college or advanced degrees, stated a report released by the Pew Research Center. Indian Americans also have the highest income levels, earning $65,000 per year with a median household income of $88,000, far higher than the United States household average of 49,000, according to the PEW survey.

If wealthy parents “gift” their children EB-5 funds prior to sending them to college, not only would they pay lower tuition fees as U.S. residents, but the post-graduation visa concerns would be eliminated.

Reserve Bank of India (RBI) in its monetary policy review enhanced the remittance limit under Liberalised Remittance Scheme (LRS) to $250,000 per person per year.

Indian Investor age requirement

There is no age limit to be an EB-5 investor. However, since a minor probably does not have the assets or income to be eligible as an EB-5 investor on his own, the parents or some other guardian giving him/her the investment amount will need to show the required documents to prove the source of funds.

The only time age matters is if the parent is applying and children are also part of the application as derivatives. They must be under the age of 21 to be included on a parent’s application.

• Requires investor’s investment be US $1.05 M or minimum $800 K in a “TEA”. 

• Investment is typically through a USA Regional Center project.

• It is required to create and maintain 10 full time jobs for a minimum of two years.

• The U.S. Citizenship and Immigration Services allows 10,000 EB-5 visas a year.

Immigrating to the US for India nationals through the EB-5 program is fast and will help you and your family members (spouses and unmarried children under 21) enjoy the following benefits:

1. Assured route to permanent residency as long as you fulfil the minimum investment and job-creation requirements with no risk of political rhetoric or popular opinion impacting your immigration status.
2. Complete freedom to travel and reside anywhere within the country.
3. Get jobs, including government jobs, or setup one or multiple businesses, or simply lead a retired life without any employment or sponsorship-related restrictions.

As a permanent resident, your unmarried children can:

1. Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
2. Pay 150% to 300% lower tuition fee as compared to foreign students.
3. Enjoy more funding and scholarship options as compared to foreign students.
4. Study as a day scholar and avoid long separation from family just to obtain quality education.
5. Explore job opportunities without worrying about issues like work permits, sponsorship, processing delays, expiry of visa, or restrictions on job mobility.  
6. Your spouse will automatically be granted a green card, which means he or she can live, work, and travel just like any other permanent resident without any spouse-centric legal restrictions.
7. Enjoy greater international mobility through the visa-free travel privileges available to US green card holders.
8. You can, subject to applicable eligibility requirements, apply for American citizenship and can retain your Indian roots by applying for Overseas Citizen of India status.

Minimum Investment amount is either US $1.05 M or minimum $800 K in a “TEA”. 

Additional costs include, $70 K Investor visa admin costs, $3,675 for I-526, $1,140 for I-485 application, $3,750 I-829 fee and Lawyer’s charges. 

EB5 visa is a path to a USA residency Green card and US Citizenship if availed.

“TEA” is Targeted employment area defined as:
– Rural areas
– Areas with unemployment 1.5x of the national average

Considering the differences in legal and business environment in the two countries, Indian nationals may benefit by inviting via the regional centres.

An immigration lawyer and an investment professional with a complete understanding of regulations in both countries would the ideal choice for Indian investors seeking comprehensive and reliable EB-5 due diligence.

Investors from India must ensure immigration due diligence covers potential regulatory changes along with the expected timelines.

Due diligence must also assess potential complications arising out of ongoing and potential political, diplomatic, and security disputes between India and the USA.

A significant challenge for EB5 applicants from India may be significant gap between on-paper and real valuation of assets like real estate and properties.

Citizens of India will have to apply for the B1/B2 visitor visa to visit the US as a part of the due diligence process.

Having a single professional who is a financial/investment expert as well as an immigration lawyer carry out due diligence would be ideal since the financial, investment, and immigration aspects of the application will be analyzed and assessed simultaneously.

How many EB 5 visas does the US government issue for India each year?

Currently, there is an annual limit of 10,000 such visas with a per country limit of about 700 visas. Thus there is a limit of 700 EB5 visas per year issued to Indian citizens. This type of visa is increasingly becoming popular with wealthy foreign citizens who want to move to the US.

What are the benefits of obtaining EB-5 through TEA?

EB 5 applicants who choose targeted employment area projects and obtain approval for Form I-526 will be assigned visas from the reserved categories. The greatest benefit is for investors of high-demand nationalities. All applicants assigned to the reserved categories are guaranteed to obtain an EB 5 visa upon approval of Form I-526—regardless of their country’s EB 5 visa demand and availability.

Even if there are no EB 5 visas available for their nationality that fiscal year, foreign investors in the three reserved categories can obtain their initial visas and immigrate to the United States without delay. This benefit can shorten an EB 5 investor’s wait time by several years.

Can someone from India still apply for it in 2023?

Yes, Indian citizens can apply for an EB-5 visa this year. EB 5 continues to be available despite attempts to limit immigration into the US. EB 5 has been specifically excluded from any immigration bans and changes.

Can an Indian citizen apply for US Investor Visa while on H1b?

Yes, H1-B visa is a dual intent visa which means Indian citizens can apply for permanent immigration to the US through EB-5 while they are in the USA on a non immigrant visa such as H-1B.

Can an international student from India with an F-1 visa apply for EB5 visa?

An EB-5 is certainly available for F-1 visa students from India who are in the US. In fact, EB 5 is the preferred path for students and professionals in the US to gain permanent residency allowing them to work and live anywhere in the US without requiring any employer sponsorship.