The EB-5 visa program is a Green Card for investment program which offers several advantages and disadvantages as under:

Pros: 

• Fast Path to US Permanent Residence: This is once of the fastest pathway to the coveted US Green Card 

• US Citizenship: Post U.S. permanent residency one can get US citizenship and Passport, on meeting the stay requirements. 

• Family Benefits: The EB-5 visa allows investors to bring their immediate family members (spouse and children under 21) along. 

• Path to U.S. Living: The visa facilitates relocation to the U.S., offering access to education, healthcare, and other benefits. 

Cons: 

• Risky Investment: The EB-5 investment amount must be “at risk,” with no guarantee. However, at risk is a technical definition and does not mean that the investment is Risky. At Acquest Advisors we help you identify projects which are safe for investment 

• Extended Processing Time: The EB-5 process can be slow, with approval timelines potentially taking several months or a few years. However, compared to other Green Card Pathways like H1B Visa or Family Sponsorship which for Indians could take 50 to 100 years or even more, this is still the fastest route 

• Investment Before Approval: Investors must commit the EB-5 investment amount before receiving a Green Card, which carries some risks. But most of the Investment offerings have I-526 E denial Guaranty which means if your application is denied, you will get your investment back. 

• Management Involvement: For direct investments, the investor may need to be involved in managing the company, which could be time-consuming and demanding. 

Weighing the EB-5 investment amount against these pros and cons is crucial before making a decision to apply for the visa. 

For more information watch our video “EB5 Visa Myth vs Realty”

Eligibility for the EB5 visa for Indians requires applicants to be over 18 years old, have no criminal record, sufficient investment capital, and the ability to prove the lawful source of their funds. Meeting these criteria allows individuals to pursue U.S. residency through investment. 

For more information watch our video “EB5 Visa for Family”

To obtain an EB5 US visa from India, prospective investors should seek guidance from an experienced immigration lawyer or advisor. The process involves gathering the necessary documents, making the required investment, and submitting the EB-5 Visa application to the nearest US Consulate in India. For expert guidance, consider partnering with Acquest Advisors. 

For more information on how Acquest Advisors can help you get EB5 Visa watch our video: https://youtu.be/B0m6w6JlEX4?si=o101G4WK2mbrLDB 

To apply for an EB5 visa for Indians, follow these steps: 

• Consult an Immigration Expert for professional guidance. 

• Hire an experienced Attorney/Accountant to evaluate and document your Source of Funds 

• Select an EB-5 Project that meets USCIS requirements. 

• Invest the Required Capital ($800,000 in a TEA or $1,050,000 in a non-TEA). 

• Appoint a US Attorney and file Form I-526E with proof of investment. 

• Await USCIS Approval and proceed with consular processing or status adjustment. 

• Receive a Conditional Green Card valid for two years. 

• Apply for Permanent Residency by filing Form I-829. 

With the right approach, securing a U.S. Green Card through the EB5 visa for Indians is a streamlined process. 

How to get EB5 Visa for Indians” 

To check the current availability of the EB5 visa for Indians, you can refer to the US Department of State’s Visa Bulletin. This bulletin provides the latest updates on visa availability for each country, including India, and helps track processing times and priority dates. 

For more information watch our video on “What is EB5 Visa Priority Date” 

For Indian nationals, obtaining an EB5 visa for Indians generally takes around 12 to 3 years. However, in case of investment in Rural Projects which are eligible for priority processing, we have seen approvals coming in 6 to 12 months or even earlier. 

For more information watch our video on “EB5 Visa Processing Time”

The Eb5 Visa requires a minimum investment of US$800,000 for Rural projects and projects in Targeted Employment areas. The cost associated with the filing of the EB5 visa vary depending on the no. of applicants, the Attorney appointed, and the project sleeted for investment. They are usually in the range of $ 50,000 to $100,000. 

For more information watch our video “How much does EB5 Visa cost”

Yes, an international student from India holding an F-1 visa can apply for an EB5 US visa. According to USCIS policy guidelines, F-1 students are eligible to apply for a green card, provided they maintain their foreign residence and have no intention of abandoning it. Indian students already in the U.S. on an F-1 visa can change their status and apply for a green card if they meet the criteria for the EB-5 Investor Visa program. 

For more information watch our video “How to get Green Card as International Students” 

Yes, there are family considerations for EB5 visa for Indians. Indian EB-5 applicants can include their spouse and unmarried children under 21 in their petition. These family members can receive derivative visas, granting them permanent residency in the U.S. once the investor’s EB-5 petition is approved. However, if a child turns 21 before the process is completed, they may “age out” and lose eligibility as a dependent. This provides a significant advantage, as the entire family can gain U.S. permanent residency through a single investment, contributing to the overall cost of EB-5 visa for Indian applicants. 

For more information on how you can prevent your children from aging out what our video “Prevent Your Child Aging Out in the EB5 Visa Process” 

Yes, an Indian can apply for an EB5 visa for Indians while on an H-1B visa. The EB-5 Reform and Integrity Act of 2022 has simplified the process, allowing H-1B holders, especially Indian nationals, to apply for EB-5 and gain U.S. permanent residency. Infact under the new EB5 Reforms and Integrity Act (RIA), H-1B Indian holders can file their Adjustment of Status concurrently with their EB-5 petition through the Registered Investment Advisor (RIA) concurrent filing route. This allows them to stay in the U.S. while their EB-5 petition is being processed. 

For more information watch our video “Concurrent filing for Adjustment of Status”