In recent years, the Indian American community’s growing influence in US leadership positions has prompted many Indian professionals to explore alternative immigration pathways beyond the traditional H-1B visa. One such pathway gaining attention is the EB-5 Immigrant Investor Program, which offers a direct route to US permanent residency through investment.
This shift comes as prominent Indian Americans hold key positions in government and corporate sectors, while recent immigration policy changes have created uncertainty around H-1B visas. The program offers more predictable processing timelines compared to the H-1B lottery system. The initial I-526 petition can be processed in as little as 10 months, while the final I-829 application typically takes between 22 to 48 months.

Decoded: EB-5 Immigrant Investor Program

Established in 1990, the EB-5 program encourages foreign investment in the US economy by offering eligible investors and their immediate families the opportunity to obtain green cards. To qualify, an individual must invest a minimum of $1.05 million in a new commercial enterprise. This threshold is reduced to $800,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural regions or areas with high unemployment rates. Crucially, the investment must lead to the creation or preservation of at least ten full-time jobs for US workers.

EB-5 vs. H-1B: Key differences

While both the EB-5 and H-1B visas provide pathways to live and work in the United States, they differ significantly in terms of eligibility, benefits, costs, and processes.
Eligibility and visa requirements
EB-5 Visa: Requires a substantial financial investment in a US business that generates employment opportunities. There are no specific educational or professional prerequisites.
H-1B Visa: Designed for foreign workers in specialty occupations. Applicants must possess at least a bachelor’s degree or its equivalent in a specialized field. Additionally, the H-1B program mandates employer sponsorship, with the employer filing the petition on behalf of the prospective employee.
Process and duration
EB-5 Visa: Investors submit an initial I-526 petition to demonstrate their investment meets program criteria. Upon approval, they receive conditional permanent residency for two years. To remove conditions, an I-829 petition must be filed, providing evidence that the investment has fulfilled the job creation requirements. Processing times can vary, but the initial petition may take approximately 10 months, with the subsequent petition taking between 22 to 48 months.
H-1B Visa: Employers file an I-129 petition on behalf of the worker. The visa is typically granted for three years, with the possibility of extension up to six years. However, due to annual caps and a lottery system, obtaining an H-1B visa can be unpredictable, and processing times can vary.
Cost
EB-5 Visa: Requires a minimum investment of $1.05 million, or $800,000 in a TEA. Additional costs include administrative fees charged by regional centers (if applicable), legal fees, and other associated expenses.
H-1B Visa: While there are filing fees associated with the petition, these are typically borne by the sponsoring employer. The primary cost to the applicant may include legal fees if they choose to hire an attorney.
Benefits
EB-5 Visa: Provides a direct path to permanent residency for the investor, their spouse, and unmarried children under 21. There are no employment restrictions, allowing green card holders to live and work anywhere in the US
H-1B Visa: Allows professionals to work in the US for a specific employer in a specialized occupation. However, it is a non-immigrant visa with a fixed duration, and transitioning to permanent residency requires additional sponsorship and is not guaranteed.

Here’s an overview of the key differences between the EB-5 and H-1B visas

Recent developments in the EB-5 Program

The EB-5 Reform and Integrity Act of 2022 introduced significant changes to the program. One notable amendment is the provision for concurrent filing, allowing investors already in the US on another visa to file for Adjustment of Status alongside their EB-5 petition, provided visas are available. This change enables investors to reside and work in the US while their EB-5 application is processed.
Additionally, the Act emphasizes investment safety by enhancing oversight of regional centers, entities designated by the US Citizenship and Immigration Services (USCIS) to manage EB-5 projects. These centers pool capital from multiple investors and oversee government-approved projects, handling administrative aspects to allow investors to focus on their personal and professional lives. The increased scrutiny aims to protect investors from fraud and ensure compliance with program requirements.