United States investor visa

United States eb-5 visa

Created by Congress to stimulate and promote economic growth, the Immigration Act of 1990, USA Investment Visa –  EB-5 investment immigration program offers a fast-track route to the US green card to applicants fulfilling the prescribed investment and job creation requirements.

As an addition to the traditional EB-5 visa program, the Immigrant US investor visa Pilot Program, enacted in 1992, offers foreign investors applicants the option of qualifying for the visa through Regional Centers investments. Setup as an alternative to the direct investment option available under the ‘traditional’ program setup in 1990, this temporary program has received numerous extensions. 

The EB-5 U.S. Immigrant Investor Visa Program is available to Indian citizens who can make a capital investment into a commercial enterprise:

  • US $900,000 (Approx. INR 6.5 cr ) or US $1,800,000 (Approx. INR 12.9 cr) depending on geographical area;

  • * in a new business;
  • * that creates 10 full-time jobs for U.S. workers in a targeted employment area.

The U.S. Citizenship and Immigration Services allows 10,000 EB-5 visas a year.

Financial growth of rupee and dollar

Reserve Bank of India (RBI) in its monetary policy review enhanced the remittance limit under Liberalised Remittance Scheme (LRS) to $250,000 per person per year.

There is growing demand for the this visa category among Indian citizens from Chandigarh, Punjab, Delhi, Ahmedabad, Gujarat, Mumbai, Pune, Bengaluru, Bangalore, Chennai, Hyderabad and many other cities and states in India. EB5 BRICS has regular events throughout India.

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EB-5 visa process – Steps involved

eb5 visa processImmigrating via the EB-5 visa india route to a lawful permanent resident involves the following steps.

  • Complete preliminary steps like finalizing your investment adviser and immigration attorney, identifying the right investment vehicle, and initiating the investment process.
  • Begin the formal application process by filing the – USCIS immigration forms – Form I-526 petition with the United States Citizenship and Immigration Services (USCIS)
  • Deploy the investment post I-526 petition approval and apply for two-year conditional permanent residence for self and eligible dependents.
  • Within 90 days of expiry of conditional permanent residence, file Form I-829 for removal of conditions on the permanent residence status.
  • If the minimum investment and job-creation requirements were met throughout the process, then the conditions will be removed and the applicant and eligible dependents will acquire permanent resident status in the USA. Personal Real Estate purchases such as a house does not count as a qualifying investment.

Reviews

I thank EB5 BRICS for helping me out with making decision regarding EB5 investment. I also thank Vivek for guiding me throughout the process and providing me the most correct information regarding process and projects available for investment. Vivek has contributed a lot due to which I was able to file the petition within time.

GM, Pune, India
When I first started looking around for information on EB-5 program, I came across the YouTube video of EB5 BRICS which was very informative and thorough. Eventually I got in touch with Vivek, who quickly put me across with his team and in no time I was on my way completing the EB-5 application process. The whole team was very professional and reliable and made me feel very comfortable in taking right decisions in the process. They would respond to my queries in time and with patience. I definitely recommend Vivek and EB5 BRICS to anyone, look no further.
SC, Bengaluru, India

It was really a pleasure to interact with you. EB5 BRICS guided me step-by-step in my EB-5 application both on the immigration and investment fronts and made sure that all my questions were answered as best as possible. Vivek Tandon and his team are a great resource for correct and honest information about the program. The personalised and prompt attention that Vivek gives to his clients is unmatched.

RS, Jaipur, India

For a transaction as complex and baffling as investing in the EB 5 programme that had to factor in a multi-layered process involving legal, financial, banking and other regulatory requirements, they made it appear as easy and smooth as a routine banking activity. I must thank and compliment all at EB5 BRICS and especially Vivek Tandon who was readily available at any time of the day (and night!) to answer all our nervous questions; he coordinated with all the related investment and legal offices and guided us in every step of the process. We are very happy to have placed our trust in their reliability and efficacy.

SN, Hyderabad, India

“My son is pursing a Master’s degree in the US and wishes to live and work there post-graduation. I found out that unfortunately, the road to US permanent residency through the F-1 to OPT to H-1B route is very long and uncertain. I started looking around and found EB-5 green card a good option for him. I got in touch with Vivek Tandon at EB5 BRICS a few months ago and he was very quick in responding and walking us through the entire process. We started discussing EB-5 projects and also retained an immigration lawyer recommended by Vivek. We met in Delhi and took things forward and filed the application before the Dec. 9 deadline. I am very happy with Vivek and his team.”

HA, New Delhi, India

Advantages and Benefits for Indians

From just 12,000 in 1960 to more than 2.4 million in 2015, Indians constitute the second-largest immigrant group in the US. Majority of immigrants arriving from India are young professionals holding graduate degrees in STEM or IT fields.

eb5 visa advantagesImmigrating to the US through the EB-5 visa program will help you, the entrepreneur and your family members (spouses and unmarried children under 21) enjoy the following benefits.

  • Assured route to permanent residence as long as you fulfill the minimum investment and job-creation requirements with no risk of political rhetoric or popular opinion impacting your immigration status.
  • Complete freedom to travel and reside anywhere within the country.
  • Get jobs, including government jobs, or setup one or multiple businesses, or simply lead a retired life without any employment or sponsorship-related restrictions.
  • As a permanent resident, your unmarried children can:
    • Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
    • Pay 150% to 300% lower tuition fee as compared to foreign students
    • Enjoy more funding and scholarship options as compared to foreign students.
    • Study as a day scholar and avoid long separation from family just to obtain quality education.
    • Explore job opportunities without worrying about issues like work permits, sponsorship, processing delays, expiry of visa, or restrictions on job mobility.  
  • Your spouse will automatically be granted the green card, which means he or she can live, work, and travel just like any other permanent resident without any spouse-centric legal restrictions.
  • Enjoy greater international mobility through the visa-free travel privileges available to United States green card holders.
  • You can, subject to applicable eligibility requirements, apply for American citizenship and can retain your Indian roots by applying for Overseas Citizen of India status.
EB-5 visa india

Green card – through investment

India is a fast growing market for EB-5 applicants who are seeking to migrate to the United States for educational, business and career opportunities for themselves, their families and their children.

United States is the most desired education destination for Indian children.

Following their graduation from Western or European colleges, many of these students prefer to gain work experience in the host country, and perhaps become residents. For U.S.-educated international students, the program can be a positive alternative to seeking H-1B visas.

If wealthy Indian parents “gift” their children EB-5 funds prior to sending them to college, not only would they pay lower tuition fees as U.S. residents, but the post-graduation visa concerns would be eliminated.

Indian Americans are the most educated population in the United States, with more than 80 percent holding college or advanced degrees, stated a report released June 19, 2012 by the Pew Research Center. Indian Americans also have the highest income levels, earning $65,000 per year with a median household income of $88,000, far higher than the United States household average of 49,000, according to the PEW survey.

EB5 BRICS can help you navigate United States Immigrant Investor Green Card Program through our presence in India in conjunction with our U.S. Legal Partner. Our team speaks Hindi, Urdu and Punjabi.

EB-5 vs. Other Immigration Programs

The Investment Visa program has an annual cap of 10,000 visas with around 7% i.e. 700 visas allotted to each country.

EB-5EB-1*EB-2*EB-3*
EligibilityFulfill minimum investment and job-creation requirementsPerson of extraordinary ability, academician of international repute, or multinational executivePerson holding advanced degree or exceptional ability in science, arts, or business. Skilled worker with 2 years experience or professional or  other worker possessing skills in shortage in the USA
Visa Backlog

Applicants + Dependents

As of 2018— Zero because India is yet to fully utilize its annual quota of 700  visas83,578 applications 4,33,368 applications1,15,273 applications
Waiting period for the green cardStandard processing time for initial I-526 and subsequent I-829 petitions.  Six years**151 years**17 years**

* As of April 2018

**Based on number of green cards issued in 2017.

Currently, H1-B visa holders with a pending green card application enjoy the right to indefinite stay pending a decision on their application. Yet, this privilege is not absolute and can be revoked by the government. Further, spouses of H1-B visa holders, currently permitted to work on basis of their H4 visas, may lose the right if the government chooses to withdraw this privilege.

The US Investor visa, unlike the H1-B route, is more stable, predictable, and enjoys greater protection from risk of frequent modifications based on political rhetoric.

Proceeding with your EB-5 visa application

Although a very attractive route to fast-track permanent residence in the USA, the business investment visa process is not completely devoid of risks and complications. Some risks that Indian applicants will have to provide for include:

  • Choosing a professional advisor who is qualified and legally authorized to provide both immigration and investment-related services in the USA.
  • Comparing pros and cons of direct investment vs. regional center investments, carrying out due diligence of various projects, and verifying the credentials and antecedents of the party setting up and managing the project in the US. 
  • Creating a viable business plan, and finalizing the terms and conditions of the investment contract with the enterprise when residing in India.  
  • Assessing investment and job-creation potential of the project and carrying out continued due diligence and tracking to ensure compliance throughout the application process. This program was created to combat high unemployment and stimulate economic growth in rural areas.
  • Completion of all immigration formalities in a time-bound manner to minimize delays and consequent investment and legal risks.

eb5 visa applicationThe process may seem more complicated because there is no American employer/sponsor offering to assist you with the formalities. Further, you will have to initiate, track, and complete all formalities, including the actual investment, without an established presence in the country.

That is why the most effective way to minimize risks and potential complication and to secure specialized investment and immigration assistance is to choose the right professional intermediary to represent your interests at the earliest.

Start your Journey at the Earliest

With conventional immigration strategies failing, there has been a surge in interest in the investment visa among not just Indians but applicants from Vietnam, Brazil, Nigeria, Bangladesh, Sri Lanka and other nations as well. More about Project Selection for Indian nationals – importance of due diligence

Have more questions? Click here to check our FAQ page for more info about the Investor Visa program.

Interested in taking the first step? Share your contact details for a free personal consultation with our experts to take your EB-5 application ahead.

Talk to our team and our CEO Vivek Tandon, in a One-on-One meeting. Contact Us

See information about another Country in South East Asia: EB-5 Visa Dubai, US Investment Visa for Singapore

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EB5 BRICS
Level 12, Building No. 8
Tower C, DLF Cyber City Phase II
Gurgaon – 122002, Haryana, India

Phone:+91 (22) 6110-0567
E-mail: info@eb5brics.com