By Piyush Gupta

The United States, with its robust economy, high living standards, and world-class education system, has long been a beacon of opportunity for ambitious individuals worldwide. It continues to attract millions of immigrants each year, offering them a chance to fulfil their dreams and aspirations. And throughout its long history, America has welcomed immigrants, who continue playing a vital part in the country’s success.

Among all immigrant groups in the United States, the achievements of the Indian American community are particularly noteworthy. Indian Americans permeate every level of American society, contributing significantly beyond their proportionate representation. Despite constituting only 1.35% of the US population, Indian Americans have co-founded 72 out of 658 unicorns in the country.

A testament to their remarkable success is the potential for a future US President to be of Indian descent.

Indians who decide to immigrate to the US expect to secure a green card and eventually become citizens. Hence, they’re increasingly choosing to immigrate through the EB-5 route, which puts them on the path to permanent residency in return for a significant investment that creates 10 jobs for US citizens.

Indian investors seeking to immigrate to the U.S. through the EB-5 route have four primary concerns: securing a green card, understanding the processing timeline, ensuring the safety of their investment, and knowing the timeline for financial returns. The EB-5 Immigrant Investor Program offers a unique pathway to address these concerns.

The EB-5 Program: A Direct Route to Green Card

Firstly, the EB-5 program provides a direct route to obtaining a green card. The process begins with filing an I-526 which may be processed in as little as 10 months or less. The final step of the EB-5 visa process is the I-829 application, which usually takes between 22 to 48 months. After the I-829 is approved, an investor’s family, including unmarried children under the age of 21 can live permanently in the US.

Furthermore, unlike other popular immigration routes such as the H1-B visa, which ties holders to specific employers and industries, the EB-5 visa allows investors to work in any field or profession across the U.S. This flexibility is a significant advantage for those who wish to explore various opportunities in the dynamic American market.

Predictable Processing Timeline and Concurrent Filing

Secondly, the processing timeline for the EB-5 visa is relatively predictable, especially in a post-pandemic world. As per the United States Citizenship and Immigration Services (USCIS), the current processing time for an EB-5 application is between 29.5 to 61 months.

Furthermore, with the Reform and Integrity Act of 2022, immigrant investors who’re already in the US on a visa, can concurrently file their Adjustment of Status if visas are available. Concurrent filing is a major benefit that allows investors to apply for employment and travel authorizations simultaneously with their EB-5 petition. This means that they can start working and travelling while their permanent residency application is being processed, providing them with broader opportunities and reducing uncertainties associated with traditional visa processes.

Safety of Investments through Regional Centers

EB-5 regional centers are entities authorized by U.S. Citizenship and Immigration Services (USCIS) to facilitate pooled investments from multiple EB-5 investors. These regional centers manage projects designed to meet the program’s job creation requirements, which are essential for investors seeking to obtain their green cards, selecting the right regional center is crucial, as it is responsible for managing the investor’s funds and ensuring the creation of the necessary jobs. If a project fails or the center mismanages the investment, the investor not only risks losing their capital but also jeopardizes their green card application.

Clear Timeline for Financial Returns

Lastly, the EB-5 program offers a clear timeline for the return of the initial investment. While the minimum investment required is $1.05 million (or $800,000 for projects in rural or high-unemployment areas), this amount is typically returned to the investor with interest after five years to seven years. However, it’s important to note that while the EB-5 program can lead to permanent residency in the U.S., it is not designed as a profit-making venture. The primary purpose of the investment is to stimulate the U.S. economy through job creation.

EB-5 Vs. H-1B Visa

In comparison to other immigration routes like the H-1B visa, the EB-5 program stands out for its advantages. The H-1B visa, while popular among highly skilled professionals, may face regulatory changes that could make it more expensive and difficult to renew.

Furthermore, an uncertain political climate in the US could mean that renewing H1B visas will become harder for Indians. Furthermore, the H-1B visa is granted via a lottery system, introducing an element of uncertainty that many potential immigrants may find unappealing.

On the other hand, the EB-5 program offers stability and predictability. It is becoming increasingly popular among Indian investors, particularly in light of recent H-1B uncertainties. The EB-5 program not only provides a secure alternative to staying in the U.S., but it also allows investors to contribute to the U.S. economy through job creation and capital investment.

However, it’s crucial to note that applying for an EB-5 visa requires careful planning and expert guidance. Prospective investors should consult with immigration experts to navigate the process effectively. By doing so, they can ensure a smooth process and set themselves on the path to achieving their American Dream.

EB-5 as a Strategic Step

In conclusion, amidst tightening immigration policies and H-1B visa uncertainties, the EB-5 program emerges as an attractive option for Indian investors. By addressing their key concerns—securing a green card, understanding the processing timeline, ensuring the safety of their investment, and knowing the timeline for financial returns—the EB-5 program offers a unique pathway to U.S. residency through capital investment. As such, it represents a strategic step towards achieving the American Dream.

(Author is Vice President, India and Middle East, CanAm Enterprises)

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