In recent years, the EB-5 visa has seen a rise in popularity amongst Indian nationals who wish to emigrate to America. Indian Nationals received 17% of all EB-5 visas issued in fiscal year 2020 and that number is likely to increase in the coming years. So what is the explanation for India’s recent EB-5 boom?
One of the unique aspects of the EB-5 program is its lack of restrictions. Immigrant investors need not worry about employment or education requirements; the EB-5 program only requires that participants invest in a American new commercial enterprise with legally sourced funds, and that their investment create full-time American jobs. When compared to the restrictions on other employment based visas it’s clear that the EB-5 program is significantly less restrictive.
Other visa categories have a much longer timeline before an applicant can obtain a visa, such as the EB-2 Program which can take upwards of 10 years. Compare that to the EB-5 program, which currently has no backlog of Indian applicants, meaning that Indian investors can apply to receive an EB-5 visa as soon as their I-526 petition is approved.
Although the EB-5 program requires a minimum investment of $900,000 (provided that the investment is in a Targeted Employment Area), it includes green cards for the principal investor, their spouse and all their unmarried children under the age of twenty one. Whether an investor has one child or four or more they could all potentially qualify for a green card under the principal applicant’s petition, which makes the EB-5 visa the most efficient option to obtain green cards for your family.
The EB-5 investor is not required to live near their investment. They can purchase a home and live anywhere in the U.S. After living in the U.S., EB-5 investors may even qualify for in-state tuition fees for universities.
The vast majority of immigrant investors utilize regional centers to minimize risk. Rather than creating a new commercial enterprise on their own, EB-5 investors invest in regional centers. This has several benefits, regional centers projects’ are typically located in TEAs to ensure investors only need to invest the minimum $900,000 to receive their EB-5 visa (as opposed to the minimum requirement of $1.8 million for projects not located in a TEA), they also have easier job creation requirements. These benefits reduce the risk involved in investing in the EB-5 Program, and trusted regional centers often boast a near perfect record of their investors receiving visas.
In the past, Indian nationals would have had several options for immigrant investor programs in wealthy English speaking countries. However, Australia and Canada, who previously offered visa programs similar to EB-5 have discontinued their respective programs. The U.K.’s Tier 1 investor visa offers similar benefits to the EB-5 program, but it requires an investment of nearly $2.75 million, significantly more capital than the EB-5 program’s $900,000. Simply put, there is no other visa program which offers anything comparable to the incredible return on investment that an EB-5 visa represents.
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