The drop in the number of applicants filing I-526 Petitions in FY 2018, the increased visa processing times, and the long wait times for other visa categories like H-1B, have made now a great time for Indian citizens to invest in the EB-5 Program.

 

The number of EB-5 visas issued to Indian nationals tripled between FY 2017 and FY 2018, but the number of applicants filing overall dropped significantly to the lowest it has been since FY 2013.

 

Coupled with a huge increase in the number of I-526 Petitions processed, it appears as though processing may only take about a year. Additionally, more Form I-526 Immigrant Petitions by Alien Entrepreneur have been approved than ever before. According to USCIS, the number of I-526 Petitions approved for FY 2018 was 13,571, which was 2,250 more than the next highest year.

 

Recent changes to other visa categories, such as the employer-sponsored work visas, have taken a hard hit after President Trump announced a new focus on, Buy American, Hire American. It now takes twice as long to get a work visa as compared with 2014. And unlike the EB-5 visa, work visas have particular skill and education requirements. Also, if the immigrant wishes to stay longer in the U.S. they must file extensions. For Indian nationals, employer-sponsored visas, have in the last few years, become incredibly popular, making them even more difficult to acquire.

 

Another reason to invest now is because India is on track to face EB-5 visa retrogression. India is the third largest EB-5 market behind China and Vietnam, both of which are in retrogression. Indian investors who are thinking about investing should therefore apply now before retrogression hits later this year.

 

There’s also the strong chance that the EB-5 Program will face changes such as an increase in the minimum investment amount. One regulation that’s currently in its final review stages is suspected to raise the minimum investment amount for targeted employment area (TEA) investments from $500,000 to $1,350,000 and for non-targeted employment area direct projects from $1 million to $1.8 million. What’s more is that the regulation could also drastically change how targeted employment areas are designated, making it harder, if not impossible, for an investor to find a TEA project located in a city like New York.

 

 

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