EB5 Investment Visa: The dream of obtaining permanent residency in the US has become even more challenging for Indian investors, especially with Donald Trump about to take over as President for his second term. With the changes in the EB-5 Immigrant Investor Program, visa retrogression and increasing demand, it has become imperative that investors secure their priority date as soon as possible. In this article, we will know why this time is so important and how Indian investors can take advantage of this opportunity.
The EB-5 visa, also known as the Immigrant Investor Visa, is provided by the US government to foreign investors who make large-scale investments in the US economy. Under this visa, investors can obtain permanent residency (green card) in the US, provided they meet certain conditions. The main condition of this visa is that the investor invests at least $800,000 to $1,050,000 and it creates at least 10 full-time jobs.
EB5 Investment Visa Highlights
| Key Information | Details |
| Staggered Investment | Initial investment of $200,000; remaining $600,000 to be deposited within six months. |
| Visa Retrogression | Delays occur when visa demand exceeds supply. |
| Concurrent Filing | Simultaneous filing of I-526E petition and AOS (Adjustment of Status). |
| Child Status Protection Act | Filing AOS within one year provides age protection for children. |
| Liberalized Remittance Scheme (LRS) | Remittance up to $250,000 per person; 20% TCS applicable. |
Features of EB-5 Visa
- Investment amount: The investor has to invest at least $800,000 (in rural or high unemployment area) or $1,050,000.
- Job creation: At least 10 full-time jobs should be created in the US through this investment.
- Benefits for family members: Investors can also get green cards for their spouse and unmarried children under the age of 21.
- Rural and high unemployment areas: Investors are encouraged to invest in areas where there is a greater need for economic development.
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Importance of visa retrogression and priority date
When the demand for visas exceeds the supply, visa retrogression occurs, causing applicants to wait longer. The January 2025 Visa Bulletin warns that backlogs are likely in the new rural and high unemployment area (HUA) category. In this situation, applicants who have a cut-off date may have to wait longer. In such a situation, investors who file early can secure their priority date and avoid a long wait.
Increasing competition in the EB-5 investment program
Visas have been allocated for rural, high unemployment and infrastructure projects under the EB-5 Reform and Integrity Act of 2022. Earlier 32% of visas were allocated to EB-5 projects, but now a huge increase in demand is being seen. Nearly 7,000 I-526E petitions were filed between April 2022 and July 2024, which has increased the competition even more.
Investment Expert Advice, Staggered Investing and the Importance of Filing Early
According to visa expert Nicholas Mastroianni III, “Retrogression is unpredictable, and securing an early priority date protects investors from getting stuck in the visa backlog.” He adds that “Through staggered investing, investors can file their I-526E petition with an initial amount of just $200,000. This secures their priority date, which is critical to avoiding retrogression, and gives them time to raise the remaining $600,000 within six months.”
He also points out that “With the reset of the Liberalised Remittance Scheme (LRS) in April 2025, this is a significant opportunity for Indian investors. Currently, Indian citizens can remit up to $250,000 per person per financial year, but the 20% Tax Collected at Source (TCS) can make it financially restrictive. Using a staggered investment approach would be a smart move in this situation.”
Impact of Concurrent Filing in the Visa Process
He further adds, “Concurrent filing is proving to be a game-changer for EB-5 investors, especially those who are already in the US on H-1B, F-1 or other non-immigrant visas. Previously, investors had to wait for their I-526 petition to be approved, leading to a long period of uncertainty.”
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Child Status Protection Act (CSPA) and children’s age protection
Also, under the Child Status Protection Act (CSPA), “CSPA protection only begins if investors apply for an AOS within one year of visa availability. If the child turns 21 during the waiting period and no action is taken, they may ‘age out.'” To avoid this situation, he advises investors to file early.
“Submitting the I-526E petition before the child turns 21 extends the waiting period, thereby reducing risk. Concurrent filing also serves as a safeguard, as it immediately freezes the child’s age.”
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Conclusion
This is a crucial time for Indian investors as the visa process has become more challenging due to changes in the EB-5 Immigrant Investor Program and increased demand. By using strategies like early filing and staggered investing, investors can secure their priority date and avoid retrogression. Now is the right time to take steps to realize the American dream as competition may increase even more in the days to come.
