The EB-5 Immigrant Investor Program is a solid, well-structured means for high-net worth individuals from India looking for an alternative way to gain a permanent resident status and live a global lifestyle. EB-5 is frequently referred to as the best US visa for Indian investors because it provides a clear pathway to Green Cards for investors as well as spouses and unmarried children under 21. High-net-worth individuals from India may choose to apply for the EB-5 visa by making an investment of a defined minimum amount, creating jobs for US workers, and securing their family’s stable future in the US. The recent surge in demand from India illustrates the attractive nature of this alternative investment-based option to gaining residency in the US. The reserved visa provisions unique to the EB-5 program have made this US immigration experience even more attractive to high-net worth individuals from India because they will typically have significantly less difficulty in attaining an EB-5 than those applying from other countries due to the visa backlog associated with those countries.
Understanding the EB-5 Visa Classification
The EB-5 visa was created in 1990 by Congress to encourage foreign investors to create jobs and invest their money and time into the U.S. economy. Individuals applying under this visa category will receive conditional permanent resident status (conditional greencard). Once all EB-5 program conditions have been met, individuals will be transitioned to unconditional permanent resident status (a Green Card). Achieving Unconditional US Permanent Resident Status puts an investor on a path to obtaining his or her US Citizenship by Investment after meeting all lawful residence requirements.
There are two key requirements for obtaining a successful EB-5 visa from India:
Investment Capital: Investors must invest a specified minimum amount into the enterprise as start-up capital in the United States. The investment must be legally obtained and fully “at-risk” within the business.
Job Creation: The investor must create or preserve 10 permanent full-time jobs for qualified U.S. workers, which will happen within two years after their admission as a Conditional Permanent Resident. Most investors from India choose to invest through an approved Regional Center because it is easier to create jobs indirectly or induce jobs through indirect methods.
The Current EB-5 Investment Requirements and Total Cost
Understanding the full financial outlay is the first critical step for Indian investors considering the EB-5 pathway. The principal investment amount varies significantly based on the project’s location:
Targeted Employment Area (TEA): To qualify for the minimum investment amount of $800,000 USD, the project must either be located in a rural area, or in an area that is designated as having a high unemployment rate (minimum 150% above the national average). Any investment made in a TEA is viewed favorably by the U. S. Government and has set-aside Visas available, resulting in faster processing times.
Non-Targeted Employment Area (Non-TEA): The required minimum investment is $1,050,000 USD for projects located in standard, more established metropolitan areas.
The overall EB-5 cost India extends beyond this principal capital investment. Applicants must also account for a series of mandatory fees, which are vital components of the total expense:
Government Filing Fees: These include statutory fees charged by USCIS for the initial petition (Form I-526E/I-526) and the later petition to remove the conditions on residency (Form I-829). These fees were subject to recent court-ordered reductions, making this an opportune time to file.
Administrative Fees or Subscription Fees: For those electing to use a Regional Center, there will be an additional Administrative Fee. This is approximately $60,000 to $80,000 and it allows for the Regional Center to manage your project, structure your legal documents, and for administrative oversight of your project.
Legal Fees/Consulting Fees: Legal Fees for the attorney(s) experienced in EB-5, from whom you will need the comprehensive Source of Funds documentation and who will also take care of the details of the application process will typically run between $25,000 and $35,000 for the entire application process.
Investment Capital: Regardless of whether the investment amount is $800,000 or $1,050,000, Investors will be required to provide evidence that the capital has been derived from a legitimate source of capital. Each investor in order to successfully file for the EB-5 Visa India is required to provide supporting documentation, including but not limited to: Tax Returns (three years), proof of ownership of the business (legal authority), and Bank Statements.
The EB-5 Process for Indians: Navigating the Three Phases
The EB-5 process for Indians is a complex and comprehensive process that is regulated by U.S.C.I.S regulations, and it will ultimately result in an individual receiving U.S. permanent residency (i.e. “green card”).
Phase 1: Initial Petition and Approval (The I-526E/I-526 Stage)
The process begins with the investor performing comprehensive due diligence to determine which EB-5 project would be best for them; most investors select a EB-5 Regional Centre that has been approved by U.S.C.I.S. After completing this process, the investor will work with a U.S. immigration attorney to gather the extensive amount of documentation required to prove the investor’s source of funds, which is mandatory for all Indian EB-5 applicants. After the investor has deposited and documented the full amount of their investment, their attorney will complete the appropriate I-526E (Regional Centre) or I-526 (direct) application for submission to U.S.C.I.S. The date that the investor’s I-526E or I-526 application was submitted is known as the priority date. After the investor’s I-526 application has been approved by U.S.C.I.S, the case will then be forwarded to the National Visa Centre (NVC).
Phase 2: Conditional Permanent Residence (Visa Issuance or Adjustment of Status)
Once an investor’s I-526E/I-526 has been approved, they move on to stage two in obtaining their Green Card. For investors from India who were already in the United States under a non-immigrant visa such as H-1B, they can apply to Change their Status to Conditional Permanent Resident through Form I-485. Investors not living in the United States can apply through Consular Processing by submitting Form DS-260 and attending an interview for an immigrant visa at a U.S. Consulate in either Mumbai or New Delhi. If successful, the investor and all qualifying family members receive a two-year Conditional Green Card, which represents their first significant achievement on the road to obtaining U.S. citizenship through Investment.
Phase 3: Removing Conditions and Unconditional Residency (The I-829 Stage)
The last and most important step is to remove the conditions placed on the investor’s Permanent Residency. During the 90 days leading up to the second anniversary of receiving their Conditional Green Card, the investor must submit Form I-829 (Petition to Remove Conditions on Permanent Resident Status). The petition must provide proof sufficient to demonstrate:
The full investment amount has been sustained “at risk” throughout the two-year period.
The job creation requirement of at least 10 full-time U.S. jobs has been met by the commercial enterprise.
Upon approval of the I-829 petition by USCIS, the conditions will be removed. The family will then receive their Unconditional Permanent Resident Green Card, thus strengthening their immigration status in the United States.
The Strategic Advantage of the EB-5 for Indians
India is the second largest and fastest growing market for the EB-5 Program. For high-net-worth families in India, the EB-5 pathway may provide a distinct advantage over all other employment-based or family-sponsored visa options.
Visa Availability Currently Available: As opposed to other employment-based visa categories where most Indian applicants have lengthy backlogs resulting from retrogression, the EB-5 visa category generally is represented as Current for Indian nationals in the Visa Bulletin. Also, the Reform and Integrity Act of 2022 (RIA) allocates 32% of all EB-5 Visas for investments in Rural areas, High Unemployment Areas and Infrastructure Projects. Therefore, this vast number of reserved visas are generally processed faster than others, thus providing an expedited pathway to the U.S. eb 5 immigration program through investment in rural, high unemployment and infrastructure areas.
Family Inclusion and Education: The investor, their spouse and dependent children (i.e. unmarried children under age 21) are granted Green Cards that confer upon them, as well as their family members, the right to live and work throughout the U.S.A. In addition, they are allowed to study in the U.S., and obtaining a Green Card makes you eligible for reduced tuition rates (i.e. “in-state tuition”) at U.S. universities. An estimated annual savings of $10,000-$15,000 for students who qualify for “in-state” tuition through the approval of an I-485 application.
Security and Stability: The EB-5 visa India offers a stable, investment-backed path to permanent residency, removing dependence on an employer (as required by H-1B or L-1 visas) or a long queue based on family ties. After five years of lawful permanent residence, the investor and family can apply for naturalization, achieving their goal of US citizenship by Investment.
Key Considerations and Due Diligence
While EB-5 visa India is an extraordinary opportunity, obtaining an EB-5 visa India requires extensive research, due diligence and planning.
Investment Risk: It’s also critical to re-emphasise the fact that the investment must be truly “at risk.” The investment in a commercial venture has no guarantees of receiving a return on investment, nor recouping the initial capital investment. Therefore, an EB-5 visa investor must feel comfortable accepting financial risks that come along with investing in the commercial entity.
Choosing a Regional Center and the Projects to Support: For those interested in using Regional Centers to qualify for the EB-5 program, it is extremely important to select a reputable Regional Center that has a proven track record of I-526/I-829 approvals. Investors should perform due diligence on the Project’s business plan, financial structure and economic model used to identify job creation.
Compliance With Regulatory Requirements: Indian investors must ensure that all Capital Transfers comply with the Reserve Bank of India’s (RBI) laws and the Foreign Exchange Management Act (FEMA). A complete and accurate Source of Funds document trail is required for successful processing of Visa applications by USCIS in order to lessen the likelihood of delays in regard to the EB-5 cost India transaction.
The eb 5 Immigration Program continues to be the most viable connection for high-net-worth Indians to connect their success in India to the lucrative and stable opportunity of applying for permanent residence in the US.
Take the Next Step Towards Your American Dream
If you’re considering obtaining a Green Card for your family through investment, there hasn’t been a better time than now to get started with the process. The EB-5 category and its limited number of reserved visas are very advantageous to Indian investors at the moment, and waiting time could jeopardize your future global mobility opportunities as a family. Obtain more information about your project options, estimate costs associated with an EB-5 application from India and develop a solid strategy for your family’s EB-5 visa application by working with an experienced EB-5 professional or trusted immigration firm as soon as possible.
Frequently Asked Questions
1: Is the EB-5 visa still a good option for Indians given the high demand?
A: Yes. The EB-5 visa India is currently one of the best US visa for investors in India because of the current “Current” status in the Visa Bulletin and the reserved visa categories created by the Reform and Integrity Act of 2022. This often provides a much faster route to permanent residency than other heavily backlogged employment-based visas.
2: What is the minimum capital for the EB-5 investment?
A: The minimum principal investment is $800,000 USD if the project is located in a Targeted Employment Area (TEA). For projects outside a TEA (Non-TEA), the minimum investment required is $1,050,000 USD.
3: What are the main components of the total EB-5 cost India?
A: The total EB-5 cost India comprises three main financial components:
The principal capital investment ($800,000 or $1,050,000).
Government filing fees (for Forms I-526E/I-526 and I-829).
Administrative and legal fees (paid to the Regional Center and the immigration attorney).
4: Is the EB-5 program considered US citizenship by Investment?
A: The EB-5 program is formally a residence-by-investment program that grants U.S. Lawful Permanent Resident status (a Green Card). This Green Card status then provides the direct and clear pathway to apply for US citizenship by Investment through naturalization after five years of holding permanent resident status.
5: Can my children included in the EB-5 visa from India attend U.S. universities?
A: Yes. Once your family obtains the Conditional Green Card through the EB5 immigration program, your children are considered permanent residents and are eligible to attend U.S. schools and universities, typically qualifying for the significantly lower in-state tuition rates.
