Many wealthy Indian families have begun to pursue the U.S. Immigrant Investor Program, also known as the EB-5 visa from India, in their search for a global lifestyle, world-class educational opportunities for their children, and the privilege of permanent residency in the United States. The EB-5 investor visa will provide investors, their spouses, and any unmarried children under 21 years old, a direct path to obtaining a Green Card if the investor makes an investment in a qualifying U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for American workers.
In addition to the residency benefits, Indian nationals have also found the program particularly attractive following the changes to the EB-5 program made by the EB-5 Reform and Integrity Act of 2022. In addition to creating stability within the regional center program, the reforms also created ‘set-aside’ visa categories—providing a significant advantage to Indian investors wanting the fastest path to a Green Card.
Understanding the Core: The EB 5 Immigration Program
The EB 5 immigration program is a fifth-preference, employment-based visa that was created by Congress in 1990 in order to spur the U.S. economy through the creation of jobs and capital investment in the U.S. by foreign investors. The EB 5 program is different from other employment visas as it does not require a sponsoring employer, specific skills in a profession, or English language skills. As such, the EB 5 program represents the most accessible option for business owners, professionals, and high-net worth individuals. It is especially attractive to foreign investors both for its accessibility and, if successful, the ability to obtain a green card.
Key Investment Requirements:
The investment capital required must be legally obtained and fully “at risk”—meaning there is no guaranteed return or redemption. The minimum amounts are:
$800,000 (Targeted Employment Area – TEA): This applies to investments made in a rural area or an area experiencing high unemployment (at least 150% of the national average). Most Indian investors choose this option because it involves a lower capital outlay and often benefits from the ‘set-aside’ visa pool.
$1,050,000 (Non-TEA): This is the minimum required for investments made in all other areas outside of a TEA.
The invested capital can be in the form of cash, equipment, inventory, or other tangible property, and the investor must prove the lawful source of these funds through a clear and traceable documentation trail.
Breaking Down the EB-5 Visa Process for Indians
The EB-5 Visa process for Indians is a multi-stage process that requires careful preparation and execution. Although the EB-5 Visa process for Indians can be complicated, experienced counsel can assist in ensuring all requirements are fulfilled.
1. Project Selection and Due Diligence
The investor’s first step is to select an investment project, usually through the use of a Regional Center designated by USCIS. Most investors invest through a Regional Center because it enables indirect job creation through economic modeling to satisfy the job creation requirement and the Regional Center takes over the day-to-day management of the business. This option is one of the main components of the EB-5 Visa program for Indians that wish to invest in a more passive manner.
2. Capital Commitment and I-526E Filing
After selecting a project and committing the required capital (typically placed in escrow), the investor, with the help of immigration counsel, files Form I-526E, Immigrant Petition by Regional Center Investor, with USCIS. This petition must demonstrate:
The investment was made into a qualified new commercial enterprise.
The capital is legally sourced and has been invested.
The project is expected to create at least 10 qualifying jobs per investor.
3. Conditional Permanent Residency
After the I-526E petition is approved and the visa is available (meaning the investor’s priority date is “current” on the Visa Bulletin), the investor and their family will advance to the last stage of the Green Card application process.
If they are not inside the U.S., they will complete the Consular Processing at the U.S. Consulate in Mumbai by submitting their Form DS-260. They will then be interviewed and they will receive an immigrant visa.
If the investor is legally in the U.S. (e.g., on an H-1B or F-1 visa), they can file the Adjustment of Status (Form I-485), which they can do at the same time as filing their I-526E petition, as long as they have an available visa (again, primarily through the rural, high unemployment, or infrastructure set-aside categories).
Once this step is successfully completed, the investor and family will receive a two-year conditional Green Card.
4. Removal of Conditions (I-829 Filing)
Within 90 days of the conditional Green Card expiration, the investor submits in Form I-829 the Petition by Investor to Remove Conditions on Permanent Resident Status. This indicates that the full investment has been maintained, and the required jobs were created or preserved. An approval grants the investor a permanent Green Card that is no longer conditional.
Timelines and EB-5 Visa Success Rate India
The timelines for the EB-5 program process can vary based on the USCIS caseload and the investor’s home country of chargeability. For Indian investors, there is a fantastic time-saving advantage from the “set-aside” visa categories that were made available to Indian investors at the beginning of 2022, which presently have a significantly shorter queue.
Visa Availability and Retrogression
Because of the high volume of demand for Indian investors in the Unreserved EB-5 category, it often suffers from retrogression backlogs; this means investors will wait for their priority date to be current regardless of I-526E approval.
Benefits of the Set Asides: Investors in Rural, High Unemployment areas, or Infrastructure projects have the advantage of dedicated set-aside visas. For Indian nationals, these categories frequently remain “Current” on the Visa Bulletin, resulting in a substantially quicker process to the conditional Green Card stage than would typically occur in the unreserved category. This is important for all Indian immigrants applying for the EB-5 visa who are acting quickly.
Approval Rates
When petitions are carefully assembled, the EB-5 visa success rate in India is favorable. According to USCIS-approved data for post-RIA Regional Center petitions (I-526E Petition), the approval rate is significantly higher compared to the I-526 petitions approved before the RIA. The secret to a high EB-5 high success rate in India is having strong documentation of the Lawful Source of Funds, demonstrating that the investor has earned the investment capital legally. When petitions are denied, it is most frequently due to insufficient documentation of the source and path of the investment funds in question.
When considering the overall EB-5 Visa Cost from India
When considering your total cost, you must not just consider the Principal Investment amount. To include the total EB 5 visa cost there are 3 main elements:
1. Investment Capital
Minimum Investment: $800,000 (TEA/Infrastructure) or $1,050,000 (Non-TEA). This capital is at risk, but is to be returned to the investor after a period (traditionally 5-7 years), contingent upon the success of the project.
2. Project and Administration Fees
Regional Center Administration/Subscription Fee: This fee can range from about $50,000 to $80,000. The fee is non-refundable and is paid one time to the Regional Center for managing the project and meeting the job creation requirements.
3. Government and Legal Fees
This includes non-refundable filing fees paid to USCIS and the Department of State:
The total EB-5 visa cost from India, including fees, generally sits between $875,000 and $1,175,000, plus associated legal and administrative fees, depending on the chosen project.
How FRR Immigration Can Help You Secure Your EB-5 Visa from India
Navigating the complexities of the U.S. EB-5 immigration program requires specialized knowledge, especially concerning the rigorous source of funds documentation required for Indian investors. FRR Immigration is committed to providing expert, humanized guidance at every stage to ensure a smooth transition to U.S. permanent residency.
Our Detailed Approach to Your EB-5 Success:
Pre-Vetted Project Due Diligence: We work with a network of respected U.S. Regional Centers to offer projects focused on the faster ‘set-aside’ categories, giving you access to the most favorable visa queues. We conduct thorough project-level due diligence to verify the financial soundness and job-creation methodology, directly impacting your EB-5 visa success rate India.
Knowing Lawful Source of Funds (SOF): Mostly, the challenge Indian investors face is to demonstrate the lawful source of their funds (e.g. salary, business profit, proceeds from sale of property, or gift). We have significant experience tracing and documenting elaborate financial trails to achieve compliance with U.S. (USCIS) and Indian applications (FEMA/LRS).
Full Continuum of the Application Process: We stand with you for the entire continuum of the application process: first stages document/gathering/remittance compliance, Form I-526E preparation and filing, visa application or Adjustment of Status processing. So between our careful direction and support, you will be positioned to successfully apply for an EB-5 visa from India.
Transparent Summary of Costs & Timeframe: We provide a complete summary of the full EB 5 visa cost for your family, including government fees, administrative costs, and legal fees, so you have a complete budget from day one.
Ongoing Client Support: Our engagement does not end after your initial filing. We support you through your two years of conditional residency, help with the filing of Form I-829 to remove the conditions, and the process of becoming a U.S. taxpayer and establishing residency.
Are you prepared to find the safest route to permanent residency in the United States for you and your family? Contact FRR Immigration today for a personalized consultation regarding the EB-5 visa from India and ensure our expertise is a strong foundation for the future of your choice living in the United States.
Your United States Green Card opportunities begin here.
Frequently Asked Questions (FAQ)
Q: What is the minimum investment required to apply for an EB-5 visa from India?
A: The minimum investment capital is $800,000 USD if you invest in a project located within a Targeted Employment Area (TEA) or an Infrastructure project. If the project is outside these areas, the minimum investment is $1,050,000 USD. Most investors choose the $800,000 TEA option.
Q: How do I know the total EB 5 visa cost, besides the investment amount?
A: The total EB 5 visa cost includes the $800,000 or $1,050,000 investment plus administrative, legal, and government filing fees. Administrative fees typically range from $50,000 to $80,000, and total government and legal fees can add another $30,000 to $50,000 over the course of the process. FRR Immigration provides a comprehensive cost projection.
Q: What is the benefit of the new EB 5 visa program for Indians under the 2022 Act?
A: The key benefit is the reservation of set-aside visas for rural, high-unemployment, and infrastructure projects. These categories have significantly shorter waiting lines (often “Current” on the Visa Bulletin) compared to the traditional EB-5 category, offering a much quicker route to conditional permanent residency for those who apply for EB-5 visa from India today.
Q: Is the EB-5 visa success rate India high?
A: The EB-5 visa success rate India is high for well-prepared applications, particularly those filed under the new Regional Center rules. The highest rate of denial is typically due to insufficient documentation of the lawful source and path of the invested funds. By working with specialists like FRR Immigration, you minimize this risk dramatically.
