Worried About H-1B? Why EB-5 Visa Is a Top Option for Indians

On his first day in office in January 2025, US President Donald Trump issued an executive order restricting birthright citizenship, limiting it to children with at least one US citizen or lawful permanent resident parent. The order is embroiled in lots of legal disputes but still manages to affect H-1B visa holders and other individuals with temporary visas.

During these times of unpredictability, the EB-5 visa presents an option for Indians in India and abroad. This employment-based visa has a direct route to the coveted green card. 

Akshat Gupta, Director of Business Development at US Immigration Fund (USIF), explained during an interview with Business Standard how the EB-5 visa functions and its utility to people hoping to avoid the H-1B backlog. Edited excerpts:

Has the always-strained controversy around the H-1B visa’s been a driving factor towards greater Indian interest in the EB-5 programme? 

Of course. We have noticed increased interest from Indians in the EB-5 programme over the past couple of years. The H-1B visa is under immense competition these days but the routes to obtain are not easy due to it being a lottery and the blind dependency on the employer. With all the ambiguities surrounding H-1B policies, coupled with the waiting times for Green cards, it is explained why professionals, especially those already in the US, prefer EB-5 as a safer long-term option. Another aspect that propels this change is the undeniable fact that H-1B extensions are worldly considered a gamble. Each administration has treated immigration policy differently.

EB-5 is unlike other employment based green card categories (e.g. EB-1, EB-2, EB-3) because it does not depend on employee sponsorship, and legislative changes do not affect it. Wherever possible, it is a particularly appealing option for those seeking to have self determination over their prospects of immigration, as opposed to being left to gjob alterations, visa renewals, and firm sponsorships.

What kinds of investments are likely to be made by Indian EB-5 investors? Are there any new changes in the areas where they choose to invest?

Approximately 95% of all EB-5 investment activity is done in real estate. This is due to the fact that real estate development projects create a sufficient quantity of new office positions, which is one of the main objectives of the EB-5 program. These projects are appealing to the investors because they are results oriented, have clear financing plans, and there is a guaranteed model for the creation of job positions.

There are two principal subdivisions of real estate which consolidate the interests of EB-5 investors.

HSR projects: These are located in economically vibrant regions of the United States such as New York, New Jersey, Los Angeles, and Miami and are expected to expand. This category includes the construction of multi-family residential structures; mixed-use real estate development; and commercial real estate projects.

Rural projects: They are positioned in regions with population not greater than 20,000 which offers investors sizeable visa entitlements. These projects usually contains hospitality, multi-family and ski resort and industrial park constructions. 

Remember that both High-Unemployment Area Projects and Rural Projects have a visa-set aside and are classified as Target Employment Area (TEA) projects that USCIS approves, all of which are accessible with a capital investment as low as $800,000. 

There is also emerging attention toward other niche segments like logistics, healthcare, and even production. Still, tech-driven businesses like AI and fintech have not received as much EB-5 funding as other verticals which is primarily because they do not meet some of the employment creation aspects of the program.  

What should Indian investors pay attention to when seeking an EB-5 project in terms of financial risk and how do these risks weigh against the potential gains?  

Investing into EB-5 requires heavy financial investment, thus the need for concern towards both benefits and risks is crucial.  

About risk:  

Immigration risk: If an investor does not properly substantiate the source of their capital, or if insufficient jobs are generated, then they stand to lose their green card.

Mitigating Financial Risks: Unlike other investments, however, EB-5 has additional nuances. To begin with, it is a long-term investment and capital is guaranteed to be “at risk.” The return of funds largely depends on how well the project does, whether or not the investor is able to recover the funds.

Potential Processing Delays: In terms of investments and their return, the wait can extend anywhere from five to six years. In terms of getting a green card, the process is broken down into two important stages. One is the conditional green card and the other is a permanent green card. Mostly, when issuing the conditional green card timelines last anywhere from 18 to 24 months. On the other hand, the scope of time for a permanent green card can extend between 5 to 6 years.

Possibility of Regulatory Changes: Changes resulting from future investment amounts can result in bearing risks for investing parties. Proceeding with investment carefully is prudent, especially considering how each I-526e petition submitted after 30th September 2026 stipulates risk under the EB-5 Reform & Integrity Act (RIA) of 2022.

Some of the key highlights are as follows: 

Specified Benefits:

Compare to other visa categories, such as, EB-1, EB-2 or EB-3 which are usually subject to long backlogs, EB-5 offers straightforward access to permanent residency.

In the United States, an investor is not limited to a single employer, and therefore has the flexibility of residing, attending school, or working in any state.

Assured access to the US job market without needing sponsorship from an employer: Holders of a valid US visa such as F-1, H-1B, or L-1 can file concurrently for work and travel permits with the adjustment of status process within 4-6 months of filing the EB-5 petition. This has certainly been one of the stars of the EB-5 RIA Act of 2022!

Benefits for children: It is one of the few investment schemes where dependents under the age of twenty-one are eligible for green cards, making it very attractive for families planning towards their children’s education and future in the US.

Among the most important things that families need to pay attention to when pursuing the EB-5 programme is the children’s age. Children below the age of 21 years who are unmarried qualify as dependents under the EB-5 application within the US immigration law. There are, however, processing delays which can result in the unfortunate situation where a child turns 21 years before the conditional green card is granted. This is referred to as ‘ageing out.’ As with any such situation, there are ways to protect investors and a good immigration attorney can help investors navigate through this process.

US immigration laws have incorporated provisions in the Child Status Protection Act (CSPA) that assist in ‘freezing’ a child’s age during the submission of an I-526 petition. The Child’s CSPA age is calculated using their actual age at the date of visa petition approval and visa availability, with the duration the petition was pending before USCIS deducted. However, if there is a pre-final processing delay after the approval of the petition, the child’s age will start counting again. Thus, if the child capped 21 CSPA age before their visa issuance, they are no longer dependents, and a separate EB-5 application for them will need to be filed, causing additional costs and wait time.

When it comes to children who are approaching 21, forward-leaning planning is essential. Some parents allow their child to assume the role of a primary applicant. A knowledgeable immigration lawyer will ensure that children’s eligibility is sufficiently safeguarded while submitting applications.

When making EB-5 investments, what factors should Indian investors highlight in order to adhere to the requirements and reduce the exposure to risk? What critical issuess should be avoided?

Investors should focus on:

Picking the right regional centre or fund managers: Unlike some people who pick a regional centre simply because they claim that they are willing, detailed due diligence has to be conducted with those whose have a successful history in the EB-5 investment.

Meeting employment creation goals: The project has to have an accurate staffing plan with the potential for fulfilling the employment within the timeframe.

Grasp the entire capital stack: Investors should always ask about the repayment history of the capital stack, cash flow, exit strategy, and if the project is feasible.

Accurately documenting the particulars of the source of funds: USCIS has to verify the investment takes legal sources and there has to be a documented trail leading to the investment money.

Avisa rejection from employment creation figures that are questionable, use of undocumented money, assumptions about not examining exit strategies that would affect ROI, and failure to work with skilled immigration lawyers and other financial professionals are all things that investors should be careful of when making investments.

In what ways do Indian EB-5 investors add value to the US economy and to specific localities?

Indian EB-5 investors have significant business implications for the U.S. economy. Every EB-5 investment has a minimum of ten full-time jobs associated with it, resulting in employment opportunities across various sectors. The scope of investment from Indians goes well beyond real estate, given the large volume of applicants, and many of them help fund projects that provide expansion or infrastructure improvement services.

Moreover, Indians contribute significantly as professionals and as business persons to the US economy and labor market, especially in information technology, medicine, and finance. The flexibility that comes from obtaining a green card through EB-5 allows them to pursue business ventures and contribute to economic growth without the constraints of visa limitations.

What are the costs associated with the EB-5 visa aside from direct investments?

Investment amount: For targeted employment area (TEA) projects: $800,000 (About Rs 6.97 crore). Non TEA projects: $1.05 million (Rs 9 crore). 

Regional center administrative fees: $70,000 - $80,000 (Rs 61 lakh - Rs 69 lakh)

Immigration lawyers costing: $20,000 - $25,000 (Approx Rs 17 lakh - Rs 21.8 lakh)

Filing fee to USCIS: $25,000 (Approx. Rs 21.8 lakh)

How many Indians are looking for the EB-5 visa program?

India continues to rank among the leading countries with the most EB-5 applications.

As per the FOIA request response dated September 2024, USCIS data indicates that Indians with a chargeability as India have filed a total of 1216 I-526/I-526E forms between April 1, 2022, to July 31, 2024.  

Since only 700 visas are issued annually per country (dependents included), there are significant backlogs. It's worth noting however, that as per the recent visa bulletin for March 2025 released by the US, for all High-Unemployment Area and Rural Projects, the priority date for all EB-5 Investors remains ‘current’ for now.  

Where do interested investors go from here?  

If you are thinking of applying for EB-5, the first step is to contact a qualified immigration lawyer who can assess your candidacy and financial situation.  

The other important step is securing a reputable regional centre and the project. This is where the term “due diligence” becomes important. For many, life changing decisions fall under this category. Therefore, investors should ensure that before making any initial investments, they obtain documents outlining ROI, job creation details, and exit strategies, meet with the regional centre representatives, and if feasible, visit the project. Planning in advance provides a greater opportunity to take advantage of the programme.

What Is The Duration Of Assistance Provided To Investors By Regional Centers?  

Beyond obtaining the set up capital, regional centers have a more comprehensive set of responsibilities. They guide the investors through project selection, due diligence, and even fulfillment of the EB-5 requirements. A good fund manager together with a US immigration lawyer will assist investors during key activities such as the filing of the I-526 petition, tracking the job creation activity, and the filing of the I-829 petition. The fund manager supports until the investor exits the project after receiving the permanent green card. Capital repayment strategies must be implemented. This range from 5 to 6 years, during which time fund managers give instructions, control risks, and guarantee compliance with legal regulations.  

More importantly, those seeking permanent residency in the US should make the second move and file for the EB-5 visa petition as processing timelines are only set to get faster. Ever since March 2022, the timelines have done nothing but improved and we expect to see more investors utilizing the program and receiving conditional green cards and work and travel permits.  

How Has USIF Made The Process Simpler?  
USIF helps international investors and their families gain permanent residency to the USA through the EB-5 visa program.