(UNITED STATES) A growing share of Indian nationals in the United States 🇺🇸 on the H-1B visa and F-1 student status are shifting toward the EB-5 program to secure green cards, as long waits and policy uncertainty in other employment-based categories persist in 2025.
Immigration attorneys say interest has accelerated among STEM workers who can pool family resources to meet the $800,000 minimum investment in a qualifying U.S. enterprise and seek a clearer path to permanent residency for the entire household. According to analysis by VisaVerge.com, the investor route increasingly appeals to professionals stuck in decades-long backlogs for EB-2 and EB-3.
How EB-5 Works — Basics and Timeline
The EB-5 program, run by U.S. Citizenship and Immigration Services (USCIS), grants conditional permanent residence to investors who make a qualifying investment and create or preserve at least 10 full-time U.S. jobs.
- Approved applicants first receive a two-year conditional green card.
- After two years, they apply to remove conditions by proving the investment met job-creation and “at risk” requirements.
- For Indian citizens, practitioners report a typical 5–6 year timeline from initial filing to full permanent residence, though individual cases vary.
USCIS data show steady throughput. In May 2024, 1,222 EB-5 visas were issued via consular processing — one of the highest monthly totals that fiscal year. Many Indian investors, however, pursue adjustment of status within the U.S. rather than returning home for consular appointments, especially when already in valid H-1B or F-1 status. Adjustment allows families to remain in the country throughout major parts of the process, reducing disruption to school and work.
Why EB-5 Is Attractive to Indian Families in 2025
Several factors drive the recent uptake among Indians:
- Capital availability: Rising home equity and property values in India make it easier for families to mobilize capital, sometimes with parental support, to meet the $800,000 TEA threshold.
- Independence from employers: STEM professionals on H-1B want stability that does not depend on employer sponsorship or the annual H-1B lottery.
- Predictability vs. backlogs: While EB-5 carries investment risk and significant cost, it can offer a more direct and often faster route to green cards compared with the severely backlogged EB-2/EB-3 categories.
Policy Context: Rules, Set-Asides, and Timelines
There have been no major legislative changes to EB-5 in 2024 or 2025. The EB-5 Reform and Integrity Act (RIA) of 2022 remains the governing framework.
Key statutory amounts and set-asides:
– Standard investment: $1,050,000
– TEA minimum investment: $800,000
– Set-aside visas:
– 20% for rural projects
– 10% for high-unemployment areas
– 2% for infrastructure
– Next inflation-based increase: January 2027
Notes on visa availability and processing:
– EB-5 has no per-country caps for the principal investor, but the overall annual EB-5 limit (roughly 10,000 visas including family members) still applies.
– Administrative processing times combined with demand mean Indian applicants — particularly those filing after 2018 — may face multi-year waits.
– Attorneys generally find EB-5 faster and more predictable for Indian nationals than EB-2/EB-3, where visa bulletin dates can delay final action for many years.
USCIS continues to emphasize integrity: strict review of lawful source and path of funds and close monitoring of project compliance. This typically requires extensive banking, tax, and property documentation.
Investment Structures: Direct vs. Regional Center
Prospective investors can choose between two main structures:
- Direct investments (Form I-526)
- Must create 10 direct jobs.
- Investor has more control and direct business risk.
- Regional center projects (Form I-526E)
- May count indirect and induced jobs.
- Typically charge administrative fees (often $50,000–$70,000 range).
- Often designed to qualify for TEA set-asides (rural or high-unemployment).
Practical advice:
– Review offering documents carefully.
– Seek independent legal and financial advice.
– Vet developer track records, capital stacks, and exit strategies.
Filing Steps and Key Forms
Typical process overview:
- Select a qualifying project and structure (direct or regional center).
- Prepare and submit the immigration petition:
- Regional center investors:
Form I-526E— https://www.uscis.gov/i-526e - Direct investors:
Form I-526— https://www.uscis.gov/i-526
- Regional center investors:
- After USCIS approval:
- Adjust status in the U.S. or attend consular interview abroad.
- On approval, admitted as conditional residents for two years.
- File
Form I-829to remove conditions after proving job creation and that funds remained at risk — https://www.uscis.gov/i-829
Official program rules and updates: USCIS EB-5 program.
Risks, Costs, and Considerations for Indian Applicants
EB-5 presents clear trade-offs compared with employment-sponsored paths:
- Financial threshold and investment risk are high: $800,000 (TEA) minimum in many cases, plus fees and potential additional costs.
- If job-creation targets or project viability falter, the investor may fail to have conditions removed — putting the green card at risk.
- Employer-sponsored routes typically cost less out of pocket but often involve long waits and dependence on employer support for years.
Common practical considerations Indian applicants weigh:
– Capital readiness: Can the family lawfully source and document $800,000 (plus fees) via savings, property sales, or gifts?
– Project choice: Does the project have credible job-creation models, audited financials, and a realistic timeline?
– Set-aside strategy: Would targeting a rural or high-unemployment TEA improve visa availability, or is demand already high?
– Status planning: If adjusting in the U.S., will current H-1B or F-1 status cover the bridge period before interim benefits arrive?
Practitioners note a rise in parental gifts and use of home equity from India to fund investments. Families must ensure gifts and transfers are well documented and compliant with Indian and U.S. rules. USCIS scrutinizes the origin and path of every dollar; gaps in records or informal lending arrangements can trigger delays or denials.
Practical Impact on Families: A Real-World Illustration
For a mid-career engineer from Hyderabad working in Silicon Valley on an H-1B visa, EB-5 can change the family’s timeline:
- The family can file together (principal and derivatives), apply for work and travel documents after filing for adjustment, and plan school choices with more control.
- They must accept that their $800,000 remains at risk until I-829 adjudication and that processing still takes years.
Benefits many families cite:
– Family-inclusive immigration (spouse and unmarried children under 21).
– Freedom from employer ties.
– Greater flexibility to change jobs or start businesses after obtaining green cards.
Risks and costs include:
– Investment capital risk.
– Project and developer risk.
– Administrative fees (commonly $50,000–$70,000 for regional centers).
– Intensive documentary burdens for source-of-funds.
Important: USCIS will closely scrutinize source and path of funds. Ensure full, well-documented records for any savings, property sales, or gifts used to fund the investment.
Current Snapshot (as of September 2025)
- No fresh EB-5 legislation; RIA 2022 still in force.
- Set-asides remain intact.
- Next investment threshold change scheduled for January 2027.
- Demand from India remains strong; consular visa issuances show continued activity.
For many Indian professionals and students prepared to accept financial risk, EB-5 remains one of the most reliable ways to convert long-term U.S. plans into permanent status — provided they choose projects carefully, assemble rigorous documentation, and engage experienced counsel.
Resources and Official Links
- USCIS EB-5 program: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5
- Form I-526E (regional center): https://www.uscis.gov/i-526e
- Form I-526 (direct): https://www.uscis.gov/i-526
- Form I-829 (remove conditions): https://www.uscis.gov/i-829
Final reminder: the choice between waiting in H-1B-driven employment queues and pursuing EB-5 is deeply personal and financial. EB-5 offers a clearer family-inclusive path for many, but it demands careful project selection, strong documentation, and patience through multi-year processing.
Frequently Asked Questions
This Article in a Nutshell
In 2025, a growing number of Indian nationals on H-1B and F-1 status are pursuing EB-5 investor visas to obtain green cards amid long waits in EB-2 and EB-3. EB-5 requires a qualifying investment—commonly $800,000 for TEA projects—and the creation or preservation of at least ten full-time U.S. jobs. Applicants receive a two-year conditional green card then file Form I-829 to remove conditions. Investors can use direct investments (I-526) or regional centers (I-526E), the latter often charging administrative fees. USCIS enforces strict source-of-funds scrutiny. While EB-5 entails significant financial risk and fees, it provides a more predictable, family-inclusive path for many Indian professionals and students.
