Second Citizenship
June 9, 2023
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USA EB‑5 Visa for Indian citizens

Indian immigrants account for 6% of the foreign-born population of the USA and represent the second largest immigrant group after Mexicans. One of the ways to get US permanent residence for Indians is to obtain an EB‑5 Visa.

This article describes how to get a US EB‑5 Visa for Indian citizens and includes a complete requirements list with documents needed, costs, and processing time.

Abhay Jaiswal
Abhay Jaiswal

Explained how to obtain the USA EB-5 Visa for Indian citizens

EB-5 India: how to get EB-5 Visa from India

USA EB-5 Visa for Indian citizens

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.

How to get a US immigrant visa as an investor and move a step closer to a Green Card

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.

Requirements for USA EB 5 Investors Visa for Indian Citizens 2023

Most Indian immigrants in the US are qualified specialists with higher education and income that is bigger than that of American citizens.

Documents required for the EB‑5 Visa India

Personal documentation

  • copy of current and expired personal passport;

  • arrival/departure record — form I-94;

  • copy of family members’ passports;

  • birth certificates for children, marriage or divorce certificates;

  • evidence that the applicant has invested or is in the process of investing the required amount of funds;

  • criminal record within the past 15 years;

  • household registration — optional;

  • copy of any previous immigration applications — optional.

Financial documentation

  • proof of business ownership;

  • copy of all business licences;

  • last 7 years of business and personal tax returns;

  • last 7 years of bank statements;

  • evidence of other sources of capital;

  • financial statements for each business;

  • proof of the legitimacy of an income source for investment sum.

Project documentation

  • detailed EB-5 business plan;

  • evidence that the applicant has invested in a designated Regional Center according to the approved Regional Center business plan;

  • evidence that business has been established in a targeted employment area, if applicable;

  • evidence that the investment in the Regional Center will create at least 10 direct or indirect full-time jobs.

Documentation to remove conditions on EB-5 Visa India after 2 years

  • evidence that the investor has established a new commercial enterprise;

  • proof of funds for the total investment amount;

  • evidence that investment in the new commercial enterprise has been maintained for 2 years of conditional permanent residence;

  • evidence of the number of full-time employees at the beginning of the investor’s business and present.

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.

Individual cost calculation of the US EB-5 visa

Individual cost calculation of the US EB-5 visa

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.

1

Hire a professional to help with documentation

The advisor or lawyer lists and checks the documents required for the EB‑5 Visa application.

2

Preparation of documents

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.

3

Make an investment

Before they apply for the EB‑5 Visa India, the applicant must transfer the investments to the selected project.

4

Apply for an EB-5 visa from India

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.

5

Travel to the US and get a Conditional Green Card

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.

6

Get a permanent 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.

Summary

  1. Under the EB‑5 Visa program, Indian investors and their family members can get a US residence permit by investment in the US economy.

  2. 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.

  3. After an investor obtains the EB‑5 Visa, they can live, work and run business in the US.

  4. Investors can also enjoy the rights the US Green Card provides and later apply for American citizenship.

  5. 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.

Immigrant Invest is a licensed agent for citizenship and residence by investment programs in the EU, the Caribbean, Asia, and the Middle East. Take advantage of our global 15-year expertise — schedule a meeting with our investment programs experts.

Will you obtain a EB-5 visa to the USA?

Practical Guide

Will you obtain a EB-5 visa to the USA?

Frequently Asked Questions

  • Can Indians apply for an EB-5 Visa?

    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.

  • How to get an EB-5 Visa from India?

    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.

  • How long does it take to get an EB-5 Visa for an Indian?

    The EB‑5 Visa processing time is 5–6 years, from document preparation to a Conditional Green Card issue.

  • How much are EB-5 Visa fees?

    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.

  • Who is eligible for an EB-5 Visa?

    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.

  • What is the wait time for EB-5 in India?

  • Do EB-5 investors get their money back?

    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.

  • What is the success rate of the EB-5 Green Card?

    According to the US Citizenship and Immigration Services (USCIS) reports, the usual EB‑5 Visa approval rate ranges from 70 to 80%.