A Complete Handbook About EB5 Visa for Indian

The EB5 visa program was created by the U.S. Congress in 1990. Yet its purpose is to promote the American economy through job creation and capital investment by foreign investors.

For many Indians seeking permanent residency in the United States, the EB5 visa is an inviting path. This visa unlocks the opportunity for investors and their primary families to obtain a Green Card. Moreover, it paves the way for a secure and successful future in the U.S.

Significance of EB5 Visa for Indians

The EB5 visa is more than just a pathway to U.S. residency. So, it is an investment in your family’s future. 

Benefits of EB5 Visa for Indians

So, this visa offers a range of benefits, some of which are listed below, such as

• Permanent Residency

The EB5 visa grants a Green Card, allowing investors, their spouses, and unmarried children under 21 to live, work, and study anywhere in the U.S.

• Education Opportunities

With a Green Card, your children can access the U.S. education system, at lower in-state tuition rates.

• Business Expansion

The EB5 program provides a gateway to expanding business operations in the world’s largest economy.

• No Sponsorship Requirements

Unlike other visa categories, the EB5 visa does not require an employer sponsorship letter or labor certification. 

Which Indians Can Apply for the EB5 Visa?

Yet, the EB5 visa is particularly suitable for high-net-worth individuals looking to secure U.S. residency through investment. 

So, those Indians who qualify for this visa include

1. Business owners who wish to expand or diversify their business interests in the U.S.
2. Those Indians with enough financial assets can meet the investment requirements of the EB5 program.
3. Moreover, individuals who have collected significant wealth and seek to secure a stable future for their families in the U.S.
4. Parents looking to provide their children with access to superior educational opportunities and a higher quality of life.

Which Indians Are Eligible for EB5 Visa?

So, there are some conditions for Indians to become eligible for the EB5 visa.

Applicant`s Conditions

The applicant must be over 18 years old and have a clean criminal record in India. Moreover, they must be eligible to legally prove their capital for investment.

Able to Invest a Specific Amount

So, the Indian applicant applying for EB5 Visa makes a minimum investment of $800, 000 for the target employment areas. Besides, can invest $1, 050, 000 in other areas. 

Moreover, the applicant must expect to maintain the investment for at least 2 years.

Family Members

The spouse of the applicant should be over 18 years, Moreover, have a clean criminal record, and be officially married to the applicant at the time of U.S entry.

If applicants have children, they should be unmarried and under 21 years old.

Remember That

The Spouse married and children born or adopted after the entry of the applicant are not eligible for EB5 visa.

What are the Documents Required for an EB5 Visa for Indians?

To obtain the EB5 visa, Indian applicants must meet specific investment and job creation requirements, such as

Documents Required For EB5 Visa for Indians
Personal Documents	Copy of current & expired passport. Arrival & departure record form I-94 Copy of passports of family members Birth certificate of children, marriage, or divorce certificates. Moreover, proof that the applicant is invested or is in the process of investing the required amount of funds. Police clearance certificate for the past 15 years. Household registration (optional). Copy of any previous immigration application (if applicable).
Financial Documents	Proof of business ownership. Copy of all business licenses Business & personal tax return of the past 7 years Bank statement (of past 7 years) Proof of other sources of capitals Financial statement for each business Proof of the legality of an income source for investment sum
Project Documents	Detailed business plan of EB5 Evidence showing that the applicant has invested in the designated regional center. So, it was according to the approved “Regional Center Business Plan”. Evidence showing “The business is established in the targeted employment area” (if applicable). Proof that the investment in the Regional Center will create at least 10 direct or indirect full-time jobs.
Documents to Remove Conditions on EB5 Visa India (after 2 years).	Proof that the investor has established a new commercial business. Proof of funds for the total investment amount Evidence that the investment in the new commercial business has been maintained for 2 years of conditional permanent residence. Moreover, proof of the number of full-time employees at the beginning of the investor’s business & present.

Remember That

1. The documents must be translated into English.
2. Besides, no document must be missing before applying for an EB5 visa.

How Much Cost Does an EB5 Visa Have for Indians?

Yet, the Indian applicants applying for EB5 visa, estimated as the amount required for 

Purpose	Fee Required
Administrative Fee	Approximately $70, 000 for a family. Yet, it is dependent on the regional center.
I-526 Petition Fee	$3,675 for a family or I-526E petition fee- $3,675+$1, 000 for a family
Services of an American Immigration Lawyer	So, these are dependent on a hired lawyer or company. Yet, generally, it is $30, 000 for a family.
Green Card Application Fee (I-485)	$1, 225 per person (over 14 years) & $750/$1, 140 per person (over 14 years).
Green Card Application Fee (DS260)	$345 per person, whereas $325 per person for the production of a green card.
I-829 Petition fee	Per person ($3, 750+$85)
Additional Amount	Required to translate documents & expenses on travel for an interview.

What are the Steps to Apply for an EB5 Visa from India?

The Indians intending to apply for an EB5 visa must follow the few steps below. 

Step 1: Hire a Professional

The first step is to hire a professional who will help you by arranging documents. Yet, the advisor or lawyer lists and checks the documents that are necessary for the EB5 visa application.

Step 2: Prepared the Documents

The next step is to prepare the documents for visa application. So, the applicant collects the documents and submits them to the Regional Center & the US Immigration Lawyer who attends to the applicant while filling out the form. 

Step 3: Make the Investment

So, the next step is to invest in the U.S. Yet, before applying for an EB5 visa, the applicant must transfer the investment to the selected project. 

Step 4: Apply for an EB5 Visa from India

Then, the applicant can file an I-52E petition after investing and collecting the documents. So, they need to apply to U.S. consulates in India.

Step 5: Travel to the U.S & Obtain a Conditional Green Card

Yet, after the approval of the visa application, the investor can enter the U.S. with an immigration visa and need to file an I-485 petition to get a 2-year conditional Green Card.

Step 6: Get a Permanent Green Card

So, 90 days before the expiry of this conditional residency, the Indian investor should file an I-829 petition to get a permanent Green Card in the U.S.

Where is the Consulate of the U.S. located in India?

So, here is the address of the U.S. Consulates located in India. You can visit them for the submission of your EB5 visa application.

• Address: Shantipath, Chanakyapuri, New Delhi – 110021, India
• Phone No: 011-91-11-2419-8000
• Fax No: 011-91-11-2419-0017

Processing Time for an EB5 Visa for Indians

So, the EB5 visa can take up to 5-6 years to process. Yet, the processing time frame included a few months to collect documents and file the visa application from India. 

Moreover, it takes 3-4 years for I-526 petition approval. Besides, half to 1 year is required to obtain the conditional Green Card.

FAQs-EB5 Visa for Indians

So, here are some frequently asked questions that might confuse visa applicants while applying for the visa.

Q1: What are the targeted employment areas (TEAs)?

Answer: TEAs are either rural areas or regions with high unemployment, where the required investment amount is lower ($800,000). These areas are designated by the U.S. Citizenship and Immigration Services (USCIS).

Q2: Can I choose any business to invest in for the EB-5 visa?

Answer: No, you must invest in a new commercial enterprise that qualifies under the EB-5 program. The business must be a for-profit entity engaged in lawful business activities.

Q3: Is it possible to get a refund if the EB-5 visa is denied?

Answer: Yet, the refund policies vary depending on the investment project. Some regional centers and projects may offer a refund.

Q4: Can I work or live anywhere in the U.S. after getting an EB-5 visa?

Answer: Yes, once you receive your Green Card through the EB-5 program, you and your family can live and work anywhere in the United States.

Q5: What happens if the required jobs are not created?

Answer: If the 10 full-time jobs are not created within the specified timeframe, it could jeopardize your ability to remove the conditions on your Green Card after two years.

Q6: How do I prove that my investment funds are lawful?

Answer: You need to provide documentation that shows the source of your investment funds is legal, such as tax returns, business records, or evidence of inheritance or gift.

Q7: Can I apply for an EB-5 visa while in the U.S. on another visa?

Answer: Yes, if you’re already in the U.S. on a different visa, you may be able to adjust your status to an EB-5 immigrant investor, provided you meet all the program requirements.

Q8: Can I use a loan or gift as my EB-5 investment?

Answer: Yes, loans or gifts can be used as long as they are fully secured by the borrower and documented to prove that the funds are lawfully obtained.

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