EB-5: Beyond the Investment Amount

Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is US$800,000 in a targeted employment area or infrastructure project, or US$1,050,000 elsewhere. These amounts are due to be adjusted for inflation for petitions filed on or after 1 January 2027, so check the figure that applies on your filing date. For Indian families, the more important questions sit behind that number.

Project risk is the real decision

EB-5 capital must be at risk and must create at least 10 full-time jobs per investor. Evaluate the project and its sponsor as carefully as the visa itself.

Visa availability for India-born applicants

Visa availability for India-born applicants is published each month in the U.S. Department of State Visa Bulletin, separately for the unreserved and reserved (rural, high-unemployment and infrastructure) categories — check the current bulletin before you invest. Children must be unmarried and under 21; the Child Status Protection Act can protect some children from ageing out while the case is pending. The 2022 Act reserves 20% of EB-5 visas for rural projects, 10% for high-unemployment areas and 2% for infrastructure. Annual limits reset on 1 October.

After the 30 September 2026 filing date

Regional-centre petitions filed on or before 30 September 2026 are protected under the 2022 Act if the Regional Center Program later lapses. That date has now passed: petitions filed today can still be made while the programme is authorised — to 30 September 2027 — but without that protection.

Tax from day one

Green Card holders are U.S. tax residents and report worldwide income. Take cross-border tax advice before you move.