What is an EB-5 Investor Visa for Indian citizens?
The EB-5 Visa Program was launched in 1990 to stimulate foreign investments in the US economy. The program grants foreign citizens the right to obtain a US residence permit by investment in American commercial enterprises.
To get the EB-5 Visa, an applicant has to invest in an American business and create at least 10 jobs for US skilled workers.
This program is in high demand among Indian citizens because it provides a quick path to get a Green Card, i.e. permanent residence permit in the United States.
Benefits EB-5 Visa for Indian citizens
1. Right to move to the USA. Once the EB-5 Visa application is approved, applicants from India can move to the US to live there permanently and reside in a place of their choice.
2. Opportunity to include family members in the application. An Indian investor can include their spouse and unmarried children under 21 in the EB-5 Visa application.
3. Rights of a Green Card holder. After the EB-5 Visa application is approved and the applicant and their family enter the US, they become conditional residents for 2 years. This status grants the right to be protected by US laws, to get a job or establish a business in the US and to travel visa-free to countries such as Canada, Mexico, Costa Rica, and others.
4. Right to obtain US citizenship. After 2 years of living in the USA, an Indian EB-5 Visa holder can apply for permanent residency. 5 years later, they get the right to apply for US citizenship.
To retain their Indian roots, an Indian investor can also apply for an Overseas Citizen of India status and enjoy the privileges of both citizenships.
5. Access to education and healthcare. EB-5 Indian investors have the right to get health insurance under various available health insurance plans and seek treatment in US clinics.
Investor’s unmarried children under 21 get access to US education without restrictions related to a foreign student status. They can seek scholarships for university enrolment and enjoy 150–300% lower tuition fees than other international students.
6. Right to open bank accounts in the USA. An Indian EB-5 Visa holder can open accounts in US banks and use them to keep savings or make international payments.
EB-5 India requirements
Requirements for applicants. An Indian national must be over 18 years old and have no criminal records to qualify for an EB-5 Visa. They also should be able to prove the legitimacy of their income and the capital for investment.
Investment. The minimum investment amount for Indian applicants is $800,000 for targeted employment areas and $1,050,000 in other areas. An applicant is expected to maintain their investment for at least 2 years.
Another condition is to create at least 10 full-time jobs for US citizens or non-citizens authorised to be employed in the US, excluding the investor, their spouse or children.
Family members. The applicant’s spouse should be over 18 years old, have no criminal record, and be officially married to the applicant at the time of the applicant’s admission into the United States.
The children of the applicant should be under 21 and unmarried.
A spouse married and children born or adopted after the applicant’s admission to the US do not qualify for the EB-5 Visa.
Documents required for the EB-5 Visa India
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|Documentation to remove conditions on EB-5 Visa India after 2 years|
All submitted documentation must be in English. For documents containing foreign languages, full translations into English are required. Such translations should be certified by the translator as complete and accurate and be accompanied by the translator’s certification stating their competency to translate from a foreign language into English.
EB-5 India costs
The cost of an EB-5 Visa for Indian nationals includes the following, with the investment sum excluded:
- administrative fee — approximately $70,000 for a family, depending 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 — depends on the hired lawyer or company, approximately $30,000 for a family;
- Green Card application fee (I-485) — $1,225 per person over 14 and $750 or $1140 per person under 14;
- Green Card application fee (DS260) — $345 per person; $325 per person for the production of a Green Card;
- I-829 petition fee — $3,750 + $85 per person;
- expenses on document translations;
- expenses on collecting original birth, marriage, and police certificates;
- medical expenses for Green Card application;
- expenses on travel for an interview.
How to apply for EB-5 Visa from India
To join the program, Indian investors have to hire an advisor or a lawyer to accompany them throughout the process.
A petition for a Visa submitted from India does not grant the right to enter the US based on its pending status. To travel to the country before the application is approved, the investor has to obtain a visa of another suitable type.
The advisor or lawyer lists and checks the documents required for the EB-5 Visa application.
The Indian applicant collects the required documentation and submits it to the Regional Center and the US immigration lawyer who accompanies the applicant when filing the petition.
Before they apply for the EB-5 Visa India, the applicant must transfer the investments to the selected project.
The applicant can file an I-526E petition after they have prepared the documentation and made an investment. They submit the application to a US Consulate in India.
After the EB-5 Visa application is approved, the investor should enter the United States with an immigrant visa and file an I-485 petition to get a 2-year Conditional Green Card.
Within 90 days before the expiration of the conditional residency, the Indian investor should file an I-829 petition to obtain a permanent Green Card.
Processing time of EB-5 Visa India application
The estimated EB-5 Visa processing time for Indian citizens is 5–6 years. This timeframe includes several months to collect documents and file the application, 3–4 years for I-526E petition approval and 6–12 months to obtain a Conditional Green Card.
- Under the EB-5 Visa program, Indian investors and their family members can get a US residence permit by investment in the US economy.
- EB-5 Indian investors make an investment of $800,000 or $1,050,000 in the American economy and create at least 10 full-time jobs.
- After an investor obtains the EB-5 Visa, they can live, work and run business in the US.
- Investors can also enjoy the rights the US Green Card provides and later apply for American citizenship.
- The EB-5 Visa India wait time is less than that of other residency programs: a conditional resident status is obtained in 5–6 years.
Frequently Asked Questions
Yes, Indian citizens can apply for the EB-5 Visa. To qualify, EB-5 Indian investors should make an investment of $800,000 or $1,050,000 in the American economy and create at least 10 full-time jobs.
To apply for EB-5 Visa India, a potential investor has to seek the assistance of a professional lawyer or advisor, collect the required documents, make an investment and submit the EB-5 Visa application to the nearest US Consulate in India.
The EB-5 Visa processing time is 5–6 years, from document preparation to a Conditional Green Card issue.
The cost of an EB-5 Visa for Indian nationals includes an administrative fee of around $70,000, visa and Green Card application fees that depend on the number of applicants, the cost of services of a lawyer and accompanying expenses such as document translation and travel expenses.
The EB-5 Visa India can be obtained by an Indian citizen over 18 with no criminal record, sufficient capital to make an investment and the ability to prove the legitimacy of their income.
An investor’s spouse and unmarried children under 21 are also eligible for an EB-5 Visa.
The EB-5 Visa India wait time is 5–6 years.
As per the EB-5 Visa program rules, the investment capital can be returned usually after 5–7 years. The investor can choose one of two options: the business object can either be sold when it is completed or refinanced by the project developer. In both cases, the investor gets back the amount of money invested under the Program.
According to the US Citizenship and Immigration Services (USCIS) reports, the usual EB-5 Visa approval rate ranges from 70 to 80%.