For many aspirational Indian families and entrepreneurs, the goal of having a life in the United States is a meaningful life goal. The EB-5 Immigrant Investor Program offers a unique route to reach the goal of a Green Card and permanent residence provided there is a capital investment or investment that creates jobs. EB-5 is also unique in that it allows the investor and their immediate family to have freedom to live, work, and study anywhere in the U.S.
Nevertheless, the application process to apply for EB-5 visa entails a complex scheme that requires a solid understanding of U.S. immigration law and investment law. This article outlines the EB-5 Investor Visa Program in a step by step process that relates to our Indian audience.
Understanding the Foundation of the EB-5 Investor Visa
The EB-5 program is formally known as the Employment-Based Fifth Preference category. It’s a method for foreign nationals to obtain a conditional Green Card by making a qualifying investment in a U.S. commercial enterprise.
Key Investment Requirements
Before you can apply for EB-5 visa, you must satisfy three core requirements set by the U.S. Citizenship and Immigration Services (USCIS):
- Investment Capital:
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- The normal minimum investment amount is $1,050,000.
- The reduced minimum investment amount is $800,000, only when the investment project is in a Targeted Employment Area (TEA), which is classified as either a rural area or an area with high unemployment (minimum 150% of the national average).
- Job Creation: That capital must be invested in a manner that creates or preserves at least 10 full-time jobs for qualified U.S. workers (professional workers who are not contracted) within two years from the date the investor obtains conditional permanent residency.
- Source of Funds (SoF) Lawfulness: The investor must thoroughly document and provide evidence that all investment funds, including administrative fees, have been acquired lawfully. This is a key and substantial portion of the EB-5 Immigrant Investor Process for Indian nationals.
Essential EB-5 Visa Benefits for Indian Families
The US EB-5 Investor Visa, specifically for Indian citizens, has grown popular because of certain advantages it has, as compared to other employment-based visa categories that are seriously backlogged for India:
- Faster Residency: The EB-5 Reform and Integrity Act of 2022 created “Reserved Visa Categories” for projects in Rural Areas, High Unemployment Areas, and Infrastructure projects. Reserved Visa Categories are often “Current” on the Visa Bulletin for Indian citizens. This can allow a pathway to permanent residency that can be much faster than the equivalent EB-2 or EB-3 categories.
- Family Inclusion: The visa extends to the principal investor, their spouse, and all unmarried children under the age of 21.
- U.S. Permanent Residency: Unlike a temporary work visa, a Green Card obtained through EB-5 is permanent, which gives the family the ability to live, work, and study anywhere in the U.S. without having to be sponsored by an employer.
- Educational Saver: Children of EB-5 Green Card holders are typically eligible for a lower in-state tuition at public U.S. universities.
The Step-by-Step EB-5 Immigrant Investor Process
The journey to receive the Green Card follows a multi-stage federal application process, beginning with investment due diligence and culminating in the removal of conditions on the residency.
Phase 1: Preparation and Investment Funding
Step 1: Project Vetting and Selection
The initial decision involves selecting an investment vehicle. Most investors choose a Regional Center project, which simplifies the job creation compliance, and specifically seek one located in a TEA to benefit from the lower investment threshold and the reserved visa availability.
Step 2: Mastering the Source of Funds (SoF) Documentation
This is the phase of law that takes the most amount of time. The investor must show where the funds came from through a myriad of financial and legal documentation. The investor must show the funds were earned and transferred lawfully. In the case of an Indian investor, there are strict compliance with FEMA along with all appropriate documentation, such as:
- 3 years of personal and corporate tax returns.
- 3 years of banking statements and transactional statements for all of those funds.
- Documentation of remittance, including compliance with the limits under the Liberalised Remittance Scheme (LRS), if applicable.
- Legal documentation relating to the sale of assets (e.g., property deeds) or documentation of gifts that are used to produce the capital.
Step 3: Execution of the Investment
After the rigorous SoF vetting, the investment capital is transferred, typically into a secure escrow account linked to the approved Regional Center project. The funds must be legally committed and placed “at risk” in the U.S. commercial enterprise.
Phase 2: The Initial Petition and Conditional Status
This stage involves the formal filing with the U.S. government.
Step 4: Filing Form I-526E (Immigrant Petition)
The immigration attorney files Form I-526E, Immigrant Petition by Regional Center Investor, with the USCIS. The filing package includes all SoF documentation and project documents (Form I-956F). The USCIS review process determines the investor’s eligibility and the compliance of the investment project.
Step 5: Consular Processing or Adjustment of Status
Upon I-526E approval, the process moves to granting conditional permanent residency:
- Concurrent Filing (for those in the U.S.): If you are already in the U.S. on a valid visa (and your reserved EB-5 category is “Current” on the Visa Bulletin), your attorney can concurrently apply for EB-5 visa status adjustment (Form I-485). This allows the family to receive work authorization and travel permits much faster.
- Consular Processing (for those outside the U.S.): If you are in India, your case moves to the Department of State’s National Visa Center (NVC) and then to the U.S. Consulate in Mumbai for a final visa interview. Upon successful interview and entry into the U.S., the family receives their two-year conditional Green Cards.
Phase 3: Permanent Residency and Conditions Removal
The final step is the conversion of the conditional status to permanent residency.
Step 6: Filing Form I-829 (Removal of Conditions)
During the 90-day period preceding the expiration of the two-year conditional residency, the investor submits Form I-829, the petition by investor to remove conditions on permanent resident status. This petition is project-specific, providing evidence that the investment was maintained and the necessary ten jobs were created or maintained. Upon the filing of the petition, the conditional residence is automatically extended during the period the petition is being processed, which currently relies on processing times in excess of several years.
Step 7: The Final Goal
Approval of the I-829 petition leads to the issuance of the unconditional, 10-year Green Card for the investor and their family. After five years of holding lawful permanent resident status, the investor is eligible to apply for U.S. citizenship.
How FRR Immigration Can Help You Succeed
The complication of investment structuring, details of the EB-5 Immigrant Investor process, and the particulars concerning Indian remittances prescribe an experienced oversight.
At FRR Immigration, we focus on precise assistance in navigating this difficult space of the US EB-5 Investors Visa for Indian Citizens.
- Prioritizing Speed through TEA Projects: We at FRR Immigration strategically focuses on vetted Regional Center projects in Targeted Employment Areas, mitigating the costs associated with the lower $800,000 threshold, along with being ‘Current’ reserved visa priority; thereby reducing overall processing time for our clients and providing the benefits of a priority in your Alien Investor Case.
- Mastery of Source of Funds (SoF): Our dedicated legal and financial team includes in-depth expertise about Indian financial and regulatory compliance (FEMA/LRS). We pre-emptively structure and document the most complex SoF cases for our clients to eliminate Requests for Evidence (RFEs) from USCIS.
- Expert Concurrent Filing Strategy: For eligible clients residing in the US, FRR Immigration provides guidance and practice with the Concurrent Filing strategy. This practice allows them to secure early EAD and Advance Parole, providing EB-5 Visa benefits and flexibility to work and travel.
- End-to-End Case Management: We handle the rigorous preparation and filing of both the I-526E and the critical I-829 petitions. Our involvement ensures that all project documentation, financial proofs, and job creation reports align perfectly with USCIS requirements at every stage.
We are committed to helping you achieve your aspirations of U.S. permanent residency with clarity and confidence.
Ready to start your application and secure your future in the United States?
Contact FRR Immigration today for a private consultation.
Frequently Asked Questions (FAQ)
Q: What is the minimum investment?
A: The standard minimum is $1,050,000. It is reduced to $800,000 for investments in a Targeted Employment Area (TEA).
Q:Is there an EB-5 backlog for India?
A: The standard (Unreserved) category has a backlog. The Reserved TEA categories are currently “Current” on the Visa Bulletin, offering a faster route.
Q: What is Concurrent Filing?
A:It allows investors already in the U.S. to file for permanent residency status (I-485) at the same time as their EB-5 petition (I-526E), often granting early work and travel permits.
Q: How long does the I-526E petition take?
A: Processing times vary, but petitions for Reserved TEA projects can often be approved within 12 to 24 months.
Q: Who in my family is covered?
A: The investor, their spouse, and all unmarried children under 21 years old.
Q: Is the EB-5 visa permanent?
A: It grants a two-year conditional Green Card initially. After conditions are removed via Form I-829, it becomes an unconditional permanent Green Card.