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Over the years, the US EB-5 immigration investor visa program, a program which allows an investor, the investor’s spouse, and children under 21 years of age at the time the application is submitted, to obtain their US Green Cards through a fast-track process – has become popular amongst Indian nationals.
What is Visa Retrogression for Indian Nationals for the EB5 Visa Program?
Since each nationality participating in the EB-5 investor immigration visa program is allotted 7% of the 10,000 US EB-5 visas issued each fiscal year, those nationalities with the highest number of applicants will surpass the 7% allotment, and when the number of applications exceeds the number of visas available, the government sets a cut-off date, a process known as a visa retrogression or backlog. This EB-5 backlog applicant must wait until a visa becomes available in a queue to land in the US as a permanent resident and citizen. It is important to note that this only applies to Indian nationals born in India.
How can you Avoid the Indian Visa Retrogression Delay in the EB-5 Visa?
Before March 2022, the EB-5 visa program only consisted of one visa category, which is now termed “unreserved visas”. On March 15, 2022, the US government introduced new “reserved visas” split into three set-aside visa categories: high-unemployment targeted employment areas (TEA), rural, and infrastructure projects. Since each of these reserve categories will be processed in its own queue, the allotment of visas has not yet been surpassed. Therefore, this important new legislative change to the US EB-5 investment program now allows Indian-born applicants to bypass visa retrogression.
Cutoff Dates for the India Visa Bulletin in EB-5
Below is the most current visa bulletin released by the US government. This bulletin is released each month to show approximate processing times or backlogs. As we can see in the 5th category (EB-5) set aside “rural” and “high-unemployment” we see that the chart indicates C. The letter C indicates current, meaning that processing times in those categories for all nationalities are current and being processed as per normal processing time, if not faster. Investors should not wait to invest in these reserve categories, as it is reasonable to assume they will also become backlogged in the future.
Source: Travel.state.gov
What are the Benefits for Indian Nationals of Applying for an EB-5 Visa Now?
The benefits for Indian nationals applying for an EB-5 visa include faster processing times, lower investment amounts, and the opportunity to secure a U.S. green card for themselves and their immediate family, allowing for residency and potential future citizenship in the United States. Additionally, as the EB-5 visa program undergoes periodic changes, applying sooner may help avoid any future regulatory adjustments that could impact eligibility or investment requirements.
EB-5 Capital Investment for Indian Investors
To participate, individuals must invest a minimum of $900,000 in a targeted employment area (TEA) or $1.8 million in a non-TEA project, creating or preserving at least 10 full-time jobs for qualifying U.S. workers. This investment provides Indian investors and their immediate family members with the opportunity to become lawful permanent residents of the United States. The EB-5 visa immigration program can be an attractive option for Indian investors seeking to diversify their investments and gain access to the economic opportunities and educational resources available in the United States.
How to Begin the EB-5 Process?
The US licensed lawyers and immigration specialists at Step Global DMCC provide you with active guidance through the entire immigration process. With a 100% track record of approvals over 10 years in the GCC, Step Global has assisted hundreds of families from the region to successfully obtain US green cards and avail all the benefits of permanent residency in the US.
Step Global offers a wide range of exclusively reserved category projects, including high-quality rural and high-unemployment (TEA) projects with a strong capital structure and ample potential for job creation. These may provide a secure fast-track option to EB-5 approval and a US Green Card, as well as eventual US citizenship.
FAQs
Indian investors may experience backlogs in the EB-5 immigrant visa program due to high demand. The EB-5 investor program has an annual quota, and a backlog occurs when the number of EB-5 applicants from a specific country exceeds the allocated visas. India has seen increased interest in the EB-5 immigrant investor program, leading to a backlog in visa availability for Indian investors. Additionally, the per-country limitations contribute to delays in visa processing for nationals of countries with higher demand, including India.
EB-5 visa backlogs are primarily caused by high demand exceeding the annual quota set for the EB-5 program. The annual limit for EB-5 visas is fixed, leading to backlogs when the number of applicants, especially from certain countries, surpasses the available visa numbers. Per-country limitations further contribute to delays for nationals of countries with heightened demand for EB-5 visas.
Applying for an EB-5 immigration visa now may offer benefits for Indian nationals due to potential changes in program regulations or increased demand, which could lead to longer waiting times and higher investment amounts in the future. Starting the EB-5 process sooner may provide the opportunity to secure a place in the queue and potentially benefit from current program requirements and investment thresholds.
- How many people are in the green card backlog in India?
There has recently been a study of the USCIS data from the National Foundation for American Policy (NFAP), and they concluded that, at present, there are more than 1.2 million Indians who are currently waiting for green cards.
- What is the wait time for an EB-5 visa in India?
The time it will take to process an EB-5 visa for Indian citizens is roughly 5–6 years. However, this approximated timeline includes 6–12 months for documentation collection and processing, 3–4 years for I‑526E petition approval, and 6–12 months to obtain their conditional green card.
There has recently been a study of the USCIS data from the National Foundation for American Policy (NFAP), and they concluded that, at present, there are more than 1.2 million Indians who are currently waiting for green cards.
The time it will take to process an EB-5 visa for Indian citizens is roughly 5–6 years. However, this approximated timeline includes 6–12 months for documentation collection and processing, 3–4 years for I‑526E petition approval, and 6–12 months to obtain their conditional green card.
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