Step-by-Step Process To Apply For An EB-5 Visa From India 

The EB-5 visa has become the #1 choice for Indian parents seeking permanent residency for themselves and their kids in the United States. As it provides a direct path to the U.S. Green Card through investment, everyone wants to know how to get EB-5 visa in USA.  

 EB-5 program gives Indian families willing to invest in it a better future for them and their immediate family in the U.S.A. This blog provides a detailed breakdown of the process, requirements, and tips tailored for Indian applicants around how to get EB-5 visa in U.S.A. 

What is the EB-5 Visa and Who Can Apply?  

Overview of the EB-5 Program 

The EB-5 Immigrant Investor Program, started by the U.S. Citizenship and Immigration Services (USCIS), offers foreign investors the opportunity to obtain a Green Card by investing a certain amount in the U.S. economy that should lead to creation of a fixed number of jobs. 

Started in 1990, the EB-5 program was designed to inject capital into  the U.S. economy through new investments and job creation. Investors can either choose to invest directly in a business or through a USCIS-approved Regional Center. 

You can apply for EB-5 visa here.

Who is Eligible for the EB-5 Visa? 

To qualify for the EB-5 visa, an applicant must: 

• Invest a minimum of $800,000 (in a Targeted Employment Area or T.E.A.) or $1.05 million in a new commercial enterprise that are not TEA; they are large urban centers or economically developed zones. 

• Prove that the investment capital is 100% risk-free i.e. not a loan and purely from self-earned money, a gift, or profit from one’s business. 

• Create (or preserve) at least 10 full-time jobs for the U.S. workers. 

• Have no criminal record and meet other admissibility criteria under U.S. immigration law. 

Why More Indians Are Choosing EB-5 

More and more Indian families are now choosing EB-5 for several reasons: 

• No uncertainty like H-1B lottery – EB-5 offers a direct path to residency, eliminating the hassles related to the H-1B visa. 

• Education benefits – Children of EB-5 investors get automatic access to in-state tuition, scholarships, and internships just like any U.S. citizen would. 

• Provision for the entire family– The EB-5 visa allows the applicant, their spouse, and children under 21. 

• Business expansion – Entrepreneurs and business owners enjoy the freedom of setting up or expanding their own business in the U.S. through direct investment route. 

Step-by-Step EB-5 Visa Process for Indian Applicants 

How to get EB-5 visa in U.S.? Here’s a step-by-step guide deciphering the whole process for you. 

1.Choose Between Regional Center or Direct Investment 

• Regional Center: These are rural areas or TEA centers with low employment. These are ideal for investors who prefer not to directly get involved with setting up businesses in these regions and are looking for employment-based jobs. 

• Direct Investment: Non-TEA areas where you would invest and be actively involved in setting and running  business operations; suitable for entrepreneurs and business owners. 

2.Meet the Investment and Job Creation Requirements 

• TEA requires an investment of  $800,000 

• Non-TEA requires $1.05 million investment 

•  Your investment should create 10 full-time jobs for U.S. workers within the stipulated time of two years. 

3.Source and Document Your Funds 

• Provide detailed documentation to prove that your investment capital is 100% risk-free and legit. 

• Acceptable sources include salary savings, business profits, property sales, inheritance, loans (secured by personal assets), or gifts. 

4.File Form I-526 (Immigrant Petition by Alien Investor) 

• It’s advisable to get an immigration attorney to file your Form I-526 with USCIS, including investment details, source of funds, and your chosen way to invest (TEA or direct investment) 

5.Wait for Approval & EB-5 Visa Interview

• The next step after getting approval on your Form I-526 is to schedule your visa interview at the U.S. Embassy in India. 

• If you are already in the U.S., apply for Adjustment of Status instead. 

6.Receive Conditional Green Card 

• Upon approval, you and your family get a 2-year conditional Green Card. 

• With this, you can now choose to live, work, and/or study anywhere in the U.S.  

7.File I-829 to Remove Conditions After 2 Years

• Nearing the end of the 2-year conditional Green Card, you should file Form I-829 to get a permanent Green Card. 

• For this, you must prove with documents that your investment indeed created those 10 full time jobs. 

EB-5 Visa Requirements for Indians in 2025 

Following is the updated list of EB-5 visa requirement. 

Minimum Investment Amount: 

• $800,000 for TEA 

•  $1.05 million for direct (non-TEA) investment  

Job Creation Criteria:

• At least 10 full-time jobs for lawful U.S. workers. 

Risk-free Source of Funds: 

• Fully traceable and well-documented sources of investment 

How Long Does the EB-5 Visa Take to Process? 

Average Processing Time for I-526 

• It takes around 14 – 30 months on an average (can vary depending on the USCIS workload) 

Timeline for Visa Interview and Conditional Green Card 

• After the I-526 approval, you can expect 6–12 months for visa interview scheduling followed by conditional Green Card sanction. 

Permanent Residency Timeline (I-829 Filing) 

• After 2 years, file I-829 for permanent Green Card. Approval can take 12–18 months. So, plan accordingly. 

Tips for a Smooth EB-5 Application Process 

• Start early: You should plan everything in advance so as to avoid delays and have a strategic plan ready. 

• Work with experienced attorneys: Always work with attorneys with a 100% proven track record of compliance with USCIS standards. 

• Maintain transparency in financial records: Be meticulous to the last penny for smooth approval. 

• Choose the right investment plan: It’s important to figure out which investment route (TEA or direct) is more suited your immigration objective. 

• Use financial platforms like EduFund: With EB-5 investments as its one of the main verticals, EduFund can help prospective investors begin saving and investing early toward global goals like EB-5. They can also help you with loans against personal property to help in arranging investment funds. 

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