How can I get an EB-5 visa from India?: A Comprehensive Guide

The EB-5 visa is a popular route for Indian citizens who want to live in the United States permanently. With India being spoken of a lot with increasing interest among investors from that country, delving into the specifics of EB-5 visa application process as seen from an Indian perspective is pertinent.

Following is a comprehensive guide that breaks down the steps, requirements and benefits of EB-5 program for all Indian nationals.

Understanding the EB-5 Visa Program

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The approved candidates and their accompanying family members (spouse and unmarried children under 21) are given US Green Cards with the Right to Permanent Residence.

Key Requirements for the EB-5 Visa from India

To apply for an EB-5 visa from India, you need to meet the following requirements:

1. Capital Investment:
– You must invest $1.05M into a new commercial enterprise.
– If the investment is in a Targeted Employment Area (TEA), then this investment must be at least $800,000. The industrial zones are usually rural areas, or those with a high rate of unemployment.

2. Job Creation: Your investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of your admission to the United States as a conditional permanent resident, between spouses and otherwise may include children while maintaining lawful status granted previously.

3. Investment into a New Commercial Enterprise: The business must be a legal for-profit entity engaged in lawful activities. This covers the total spectrum of business, be it a sole proprietorship or partnership; holding company to joint-venture & corporations.

4. At-Risk Investment: The funds targeted for investment must not be embezzled or shielded in a reimbursable sense, nor can the capital base be fixed to ensure financial return on it.

Step-by-Step Instructions to Apply for An EB-5 Visa from India

1. Choose a Suitable Project: Firstly, you need to identify and choose a project that qualifies for the EB-5 visa. Most investors choose to acquire EB-5 visas by investing through Regional Centers. These are like economic entities whose job is to pool EB-5 investments and have been approved by U.S. Citizen and Immigration Services . They manage the complexities of the job creation requirement, so the investor doesn’t have to.

2. Conduct due Diligence: You must then do due diligence on the investment project. This includes going through the business plan and job creation estimation, financial projections, and risk factors of the project. It is also important to engage with legal and financial advisors.

3. File for I-526: The next step of the EB-5 visa application from India is the submission of Form I-526, also known as Immigrant Petition by Alien Investor. This is sent to U.S. Citizenship and Immigration Services and should contain accompanying detailed evidence of the investment and job creation plan.

4. Approval of I-526: After USCIS approves your I-526 petition, you will file for an adjustment of status to that of a lawful permanent resident or apply for an immigrant visa at a designated U.S. consulate in India.

5. Processing or Adjustment of Status: If from India, when you apply for the visa, you will pass through processing. This involves scheduling an interview at the U.S. Consulate. You must prove in the interview that you meet the requirements of the EB-5 program.

6. Conditional Green Card: After the successful interview, you and your family will receive conditional Green Cards, which are valid for two years. This allows you to live, work, and study in the USA during that period.

7. I-829: Before your conditional Green Card expires, you must file Form I-829 petition that stipulates you remain eligible for the provisions of the lawfulness. This form is to show that the investment was actually maintained and that the specific jobs were created. The approval of this petition will grant you and your family permanent Green Cards.

Processing Time and Considerations

The estimated processing time for an Indian applying for EB-5 visa now stands at 24 to 36 months as of the year 2024. That being said, this timeline is not concrete and can spoil depending on the volume of applications received to changes in USCIS policy.

The EB-5 program for Indian applicants is very popular, and hence there can often be a backlog which increases the waiting period. Therefore it is crucial to start the process as soon as possible and familiarize with any changes in visa availability.

Benefits of the EB-5 Visa Program for Indian Applicants

1. U.S. Permanent Residency: The EB-5 visa is also known as the green card because it leads to U.S. permanent residency for you and any of your immediate family.

2. Education opportunities: Children can attend the U.S. school system and pay in state tuition at public colleges

3. Employment Flexibility: You are under no obligation to take a specific job or work for any employer, and you can live in the U.S., retire there or start your own business.

4. Road to Citizenship: When they become a permanent resident, they may be able to apply for U.S. citizenship after five years of legal residency.

Challenges and Considerations

Although the benefits are abundant with EB-5 visa program, its challenges also come in a great number of:

• High Financial Commitment: The investment is high cost and “at-risk” meaning you could lose your capital with no return
• Long Processing Time: The processing time can take many months due to the high volume of Indian applicants.
• Due Diligence: It is a complex process so investments projects require serious due diligence and you will need professional support.

How FRR Immigration can assist you

If you are applying from India, then FRR Immigration is a leading Indian-based immigration consultancy and can help guide you through the EB-5 visa application process. Having practiced extensively in the field of U.S. immigration law and having witnessed firsthand some of the peculiar challenges that Indian investors face when seeking to set up operations on American soil; we provide targeted advice ensuring an increased likelihood for a successful application.

Choosing the right investment to deal with the law, our professionals will be accompanying you step by step!

For your EB-5 visa from India to the USA, do not hesitate at all and reach out to FRR Immigration today.