What is the EB-5 Visa? A Simple Guide for Indian Investors -

The period between 2022-23 saw a whopping 3.3 lakh Indian students flying to the U.S. for higher education. But now with the U.S. tightening its policies for international students, Indian parents have EB-5 visa as their best option to secure a smooth entry and a permanent citizenship for their kids and themselves. So what is EB-5 visa?

The EB‑5 visa means direct path to U.S. permanent residency through investment. This guide, tailored for Indian investors, breaks it down simply and clearly.

EB-5 Visa Meaning in Simple Terms

The EB-5 visa is an investment instrument introduced by the U.S. government in 1990 that allows you, your spouse & children under 21 yrs of age to secure U.S. green card i.e. permanent residency by investing a stipulated amount of money to create at least 10 fresh jobs for American citizens in the U.S. It dictates the following:

$800,000 – If the investment is made in a Targeted Employment Area (TEA):

Rural area OR

Area with high unemployment

$1,050,000 – If the investment is made in a non-TEA area (non-rural)

Here’s a chart depicting how the EB-5 investor visa has changed its investment limits over the years.

Why was the EB-5 Visa Program Introduced?

Well, think of EB-5 visa as a great balancing force that is aimed at addressing the ‘outsiders vs locals’ debate.

Back in the 1990s, the U.S. Congress, in an effort to revitalize its economy, introduced this program wherein the outsiders coming to the U.S. for that ‘American Dream’ brought funds with them with which the regional centers could develop new jobs for the American workers. In return, the immigrants got permanent residency, meaning a win-win for both the outsiders and the locals.

Who is it for?

The EB-5 investor visa is for:

F-1 students looking to avoid visa roulette post-graduation

H-1B professionals seeking stability for their families

Business owners and NRIs using EB-5 as part of a long-term financial strategy

The EB-5 visa means an easy entry and citizenship for high-net individuals desiring a better life and the best education for their kids in the U.S.

Key Benefits of the EB-5 Visa for Indian Investors

This can be broken down into 3 separate benefits for 3 different aims:

For HNIs seeking permanent residency: HNI’s, or High Net Income individuals, can easily obtain permanent residency for self & their immediate family & enjoy a disruption-free lifestyle in the U.S.

For people seeking work: It allows you to work legally across various sectors, offering the flexibility to choose employment that suits your goals. No reliance on H1, L1 as the EB-5 visa program does not require employer sponsorship, or a job offer beforehand.

For people seeking wealth diversification: EB-5 visa aligns with global portfolio planning, especially for those already funding overseas education or managing dollar-based investments.

Permanent Green Card for Entire Family

The EB-5 investor visa program is a golden opportunity to secure a guaranteed U.S. green card not just for the investor but for their immediate family too. This includes their spouse and children under the age of 21 yrs.

Securing EB-5 visa means that once you secure it, your entire family has the right to live, work and pursue education in any field of choice, anywhere in the whole of the United States of America.

But this is possible only after a 2-yr period. But don’t worry. It’s a guaranteed way to live the American Dream. This not only makes EB-5 visa a great choice but the go-to choice for every family seeking a full-filling life with the best education and career opportunities in the U.S.

No Sponsorship Required

This program is also great because then you don’t need any employer or family sponsorship thus, making it a self-reliant way to U.S. residency. You will be qualified only on the basis of your capital and business contribution, thus giving you greater control over your immigration journey.

Access to US Education and Healthcare

Access to U.S. Education

Freedom to choose from the top U.S. public schools and universities

Ability to apply for attractive scholarships, internships, and other student benefits

Complete elimination of needing a separate student visa

How Does the EB-5 Visa Work?

Here’s the brief breakdown of how this works:

The Minimum Investment Requirement

The EB-5 Reform and Integrity Act of 2022 states that the minimum investment to be made by you is $1,050,000 for non-TEA zone and $800,000 if placed in a Targeted Employment Area (TEA)—a rural or high‑unemployment zone

Job Creation Criteria

Remember, the aim of this program from U.S. government’s perspective is to create and/or preserve jobs for the actual U.S. citizens. In accordance with that, your invested amount must create—or preserve—10 full‑time jobs for U.S. workers.

These jobs must be:

Permanent (temporary, seasonal jobs are excluded)

Full-time (at least 35 hours per week as per government mandate)

Created within two years of the investor’s entry into the U.S.; this is the main condition to be met before you are granted the permanent residency status.

What is a Regional Center ?

Regional centers are the USCIS-governed entities that pool your invested money & use it for larger projects aimed at employment creation.

Step-by-Step Process for Indians to Apply for the EB-5 Visa

1.Choose a Regional Center or Direct Investment

First of all, you need to choose which of the above methods you want to use to invest.

Direct Investment: Must directly hire 10+ employees.

Regional Center Investment: Can include indirect and induced jobs (e.g., construction, services), calculated via economic models. Visit to get a list of all approved regional centers here.

2.Transfer Funds and File I-526 Petition

For this, you need to start by selecting a USCIS-approved EB-5 project (for direct investment). Alternatively, you can also select the regional center where you want to invest. Visit the official website of U.S. Citizenship & Immigration Services here.

Ensure it’s compliant, credible, and meets job creation goals.

Review their offering documents and look for clauses on Private Placement Memorandum (PPM), business plan and escrow structure.

It is advisable to have a financial advisor or an EB-5 immigration attorney to smoothen the process for you.

Want to hire a leading law firm for your EB-5 visa process? Click here.

Once you choose the project or the regional center, you will be provided with the escrow bank account details for the fund transfer for your chosen project.

These funds are then released for the project as soon as your I-526 is filed and approved.

3.Conditional Green Card and 2-Year Period

As soon as your I-526 is approved, you can apply for a conditional green card with the U.S. consulate. This will be valid for up to 2 years. This is also the period during which your invested amount will be utilized to generate the required job count.

4.Applying for Permanent Residency (I-829)

Once the 2-yr period is complete, you must apply for permanent residency through Form I-829. The USCIS will verify the job count status & depending on that, you will be granted your permanent residency.

EB-5 Visa Requirements for Indian Citizens

However, there are some rules and requirements that need to be fulfilled in order to apply for it.

Investment Amount

As mentioned before, $800,000 TEA or $1.05 million for non-TEA zones.

Source of Funds

Keep all documentation pertaining to the sources of your funds—business profits, gifts, inheritance or investments. Remember, you can’t take a loan for funding your EB-5 visa. The entire fund has to be risk-free of bank loans or other borrowing risks.

Documentation Checklist

Business licenses, tax returns, audited account statements

Proof of TEA designation or eligibility

Investment contracts, escrow documents

Job‑creation forecast or verification

Personal identification, family documents

EB-5 Visa vs Other US Visa Options for Indians

EB-5 vs H-1B

Feature	EB-5	H-1B
Type	Based on your own investment	Employer-sponsored
Residency	Gives permanent residency	Non-immigration visa up to 6 yrs only
Job offer	Not needed	U.S. employer’s offer is a must
Investment	$800,000–$1,050,000	None needed
Family benefits	Permanent residency for spouse and children under 21 yrs	Dependent visa only (H-4)
Cap/Quota	No lottery-based system or cap	Lottery based with annual cap
Control	Self-reliant; no employer approval needed	Job & visa tied to employer

EB-5 vs L-1

Feature	EB-5	L-1
Type	Investment-based Green Card	Intra-company transfer work visa
Residency outcome	Sure-shot green card	Temporary stay (can apply for green card)
Eligibility	Investment of $800K–$1.05M + job creation	At least 1-year employment at U.S. company
Sponsorship	Self-sponsored	US employer sponsored
Family included	Yes	Spouse (on L-2) & kids
Quota	Country-based and no lottery	Limited by employer & visa type
Processing time	2-3 yrs	A few months. But green card will take longer

Why EB-5 is Gaining Popularity in India

Residency Stability & Work Opportunities: Increasingly aligns with needs of India’s large diaspora in the U.S. amidst changing

geopolitical policies, offering secure residency and employment flexibility.

Growing Wealth Across Asset Classes: Indian families experiencing wealth expansion

seek diversified global investments, with EB-5 emerging as a preferred strategic choice

Personal Aspirations & Future Planning: EB-5 fulfills aspirational goals, enabling

personal and family investments for long-term lifestyle enhancement and financial security.

Read this to know whether EB-5 is the best option for you.

For starting your EB-5 visa process right away & avail a hassle-free application process, click here and apply now!

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