Why do Indians need an EB-5 visa?

The EB-5 visa, also known as the Employment-Based 5th Preference Visa, is a popular option for foreign investors looking to immigrate to the United States.

This visa category offers a unique pathway for investors to obtain a green card, which allows them to live and work permanently in the US.

In recent years, there has been a growing interest among Indian nationals in obtaining an EB-5 visa, and there are several reasons why this visa is becoming increasingly popular among Indians.

  1. Path to Permanent Residency:
    One of the main reasons why Indians are attracted to the EB-5 visa is the opportunity it provides to obtain permanent residency in the United States. This allows Indian investors to live and work in the US without the need to renew their visas or worry about being deported. The permanent residency status also offers the ability to travel freely within the US and provides a pathway to citizenship.
  2. Investment Opportunities:
    The EB-5 visa also provides Indian investors with a unique opportunity to invest in the US economy. With the US economy being one of the largest in the world, Indian investors have access to a wide range of investment opportunities in various industries. This includes the real estate, technology, and hospitality sectors, among others.
  3. Quality of Life:
    The United States is known for its high standard of living and quality of life. For Indian investors, the EB-5 visa offers the opportunity to experience the best that the US has to offer. This includes access to world-class healthcare, education, and infrastructure. Additionally, the US is home to a large and vibrant Indian community, which provides a supportive and familiar environment for Indian immigrants
  4. Education Opportunities:
    Another reason why Indians are interested in the EB-5 visa is the opportunity it provides to access world-class education in the United States. The US is home to some of the top universities and colleges in the world, and Indian investors can take advantage of this to provide their children with a world-class education.
  5. Potential for Business Growth:
    Finally, the EB-5 visa provides Indian investors with the opportunity to grow their businesses in the United States. With access to the world’s largest economy and a highly skilled workforce, Indian investors can expand their businesses and tap into new markets and opportunities.
EB5 Visa

In conclusion, the EB-5 visa offers Indian investors a unique pathway to permanent residency in the United States and provides access to a wide range of investment opportunities, quality of life, education, and potential for business growth.

With these benefits in mind, it’s not surprising that the EB-5 visa is becoming increasingly popular among Indian nationals.

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Direct vs regional center EB-5 investments: Which is the best investment option for you?

Post-1990, the EB-5 immigration program enabled foreign entrepreneurs or small businesses to relocate to the United States with families and relish permanent residency status.

It aims for foreign direct investment in new business, priming the development of rural and high-unemployment regions. Investors could qualify for a green card in exchange for allowing assets. 

Interested businesses must create ten full-time employment opportunities in compliance with the United States and Citizenship and Immigration Services (USCIS).

The program is beneficial and all-inclusive as it optimizes the local economy and provides investors easy access to capital.

Leverage opportunities to invest in foreign business

EB-5 US Visa is an Immigrant Investor Program that permits international investors with spouses and unmarried children (below 21 years) to get a green card by investing in US-based businesses.

To qualify for an EB-5 immigration visa, an investor can directly invest or invest through a regional center.

Benefits of EB-5 direct investment for business owners

International or immigration businesses may leverage the following benefits under the EB-5 program:

  • Assured ticket to permanent residency on meeting the minimum investment and job creation requirements.
  • He is either the sole business owner or a partner sharing significant control over the business as a direct investor
  • Direct investors cannot take any credit for the indirect jobs
  • The jobs created by the respected business count as direct jobs

Get jobs (government or private), set up businesses, and lead a retirement life without any sponsorship obligations.

Benefits of investing in EB-5 investments through the regional center

EB-5 regional centers are agencies that help businesses set up a new commercial enterprise. These are USCIS affiliated. The affiliation states that the operations conducted align with economic development and growth.

Though investing in EB-5 through direct investments is beneficial, supporting through regional centers grants more flexibility. Here is how:

  • It eliminates any requirement for involvement in day-to-day business management and interactions. The regional center caters to everything on a business’s behalf.
  • No need to prove a direct job due to investment
  • The immigrant business share flexibility to develop their own business and jobs instead of creating 10 employments in the respective sector.
  • A regional Centre’s track record helps a business grow to bag better projects.
  • The amount you need to invest is $5,00,000. It is easier to get approved for. 
  • Regional centers can take credit for the job creation leading to revenue upliftment.
  • You can demonstrate indirect job creation as proof of employment.

The primary benefit of applying with a prestigious regional center is that investors can secure exemplary approval.

This approval almost approves the 1-526 petition. It is a petition that international business owners must file to get lawful status as an immigrant business entity.

Direct investment vs. Regional center investment: Which one to opt for?

The below parameters will help you choose the best.

ParametersDirect investment Regional investments
FlexibilityNearly absentYes
FuturisticNoYes, as experts lead it in the industry
Paperwork and ApprovalMay take longHassle-free
RoleNew commercial enterprises must maintain payroll and records to prove a salaried employee onboarding.No requirement to keep track of payrolls and new hires.
Which one is right for you?It is ideal for businesses who wish to gain green card access by investing in existing companies.It is an excellent opportunity for investors to obtain a permanent green card rather than manage a new business.

Businesses prefer regional centers for their breakthrough marketing efforts.

As per facts, 95% of business contribution in EB-5 investments is through regional centers.

With this frame, it becomes easier to achieve job creation goals in the US.

Businesses immigrant investors can invest in

A new commercial business that the investors can invest in must be legally authorized. These businesses include:

  • Partnership
  • Sole Proprietorship
  • Holding company and its subsidiaries
  • Corporation
  • Joint Venture
  • Limited Liability Company (LLC)
  • Other businesses that one can own publicly or privately

*An immigrant business entity is prohibited from investing in residential premises or non-commercial property.

Requirements for EB-5 investors

To determine whether your business qualifies for the EB-5 direct investments, consider the below aspects:

a)    Sufficient Job Creation Potential

Each EB-5 investor business, apart from hiring 10 employees, must ensure 35 hours/per week.

One must follow this for 2 years. The involved companies must keep a detailed record of the same.

b)    Permanent Green Card holders

The authority prioritizes businesses with minor immigration risks. EB-5 investors must ensure a permanent green card for themselves and respected family members.

c)    Visionary and practical job projections plan

Plausible job creation projections must be there in the I-526 application. It is filed under 203(b) (5) of the Immigration and Nationality Act.

The business plan under this must include an operational and employment creation plan post 2-3 years of application approval. It should detail-

  • Hiring schedule
  • Basis of hiring
  • Detailed job descriptions (JD)
  • how the EB-5 business program aligns with EB-5 direct investment requirement

d)    Must keep EB-5 funds invested for 2 years

An immigrant business must keep the funds invested until he holds the temporary green card for at least 2 years.

If one repays the investment amount before 2 years, he will be ineligible for permanent residency under the EB-5 program.

e)    Provide an authentic source of the funds

The USCIS screening process involves a detailed analysis of the investment funds.

An EB-5 applicant may have different sources of funds. He must work with the lawyer to identify the funds to list.

In the case of a loan, the business must provide information regarding the pledged collateral.

The leading authority may request evidence of the same. The loan value must be at most 70% of the property value.

The value of the property must be equal to the loan amount. Apart from this, one must list the following with detailed documentation proof:

  • Corporate/partnership tax returns
  • Money received from inheritance
  • Alimony/official court judgments/civil lawsuits proceedings

Gifts (registration of gift for tax purposes)

Tips to ensure the best bet with regional center investments

  • Research and compare the best EB-5 projects
  • Choose a regional Center with an extensive track record
  • It must be a USCIS-approved center
  • Obtain documents for information 
  • Seek independent verification
  • Analyze structural risk
  • Consider the developer’s incentive

Documents required for filing and qualifying EB-5 visa

Project documents

  • Proof of investment made by the respective business in the EB-5 compatible project
  • Evidence of the project in the TEA (Targeted Employment Area)
  • Evidence of the investment made in the new company/enterprise in the US
  • Regional Centers Private Placement Memorandum, LLC Agreement, the Escrow Agreement, and Subscription agreement.

Financial documents

  • Lawful proof of Funding source (Tax and gifts)
  • Tax statements for the last 5 years

Personal documents

  • Scanned passport copies of both the business investor and his dependents
  • Birth and marriage certificates of the investor and dependents
  • Local or national identification document
  • Copies of previously filed immigration applications or fresh ones

Bottom Line

Businesses interested in investing internationally in US-based businesses must align with these requirements.

Leveraging the expert assistance of benign immigration consultants could help you with guidance regarding the legalities of EB-5 Investment through regional centers and citizenship.


What are the investment options for EB – 5 Visa?

The EB-5 visa is one of the fastest routes to get a USA green card for investors and their families.

Applying for a green card through the EB-5 visa can take years. Each step in the investment program, from gathering the required documentation to making an investment decision, takes investors weeks or months.   

The good news is EB-5 visa provides you with several benefits and makes the initial time invested in the process worth it.

It is recommended to take each step in the EB-5 visa process with great precision to avoid delays or issues in the process.   

The EB-5 visa program requires an investment of at least USD 800,000 into targeted employment area projects and an investment of at least USD 1,050,000 into a non-targeted employment area project.

The visa requires a considerable investment; therefore, making an informed decision before investing is extremely crucial. Here is a detailed guideline about investment options for EB- 5 visas. 

Direct investment for EB – 5 Visa?  

In the direct investment process, foreigners directly invest in an enterprise and do not use an intermediatory.

Starting from March 2022, the required investment amount in direct investment is USD 1.05 million unless the enterprise is in targeted employment areas.

In simple words, direct investment is not made through a regional center.  

The following can qualify as direct investment  

1.  Investing in an existing business  

2.  Purchasing an existing business  

3.  Starting your own business  

  • The investment should be made to a new enterprise; formed or expanded after November 29, 1990.  
  • If an enterprise is located in targeted employment areas, the investment required is USD 800,000. 
  • A targeted employment area can either be a rural area at the time of investment or an area that has experienced high unemployment (at least 150% of the national average unemployment rate).  
  • One of the main things that distinguish direct investment is that the investor must provide proof that their investment will directly create at least 10 full-time jobs for qualified individuals.

Benefits of Direct Investment  

An investment of USD 800,000 or above is not a light decision, and the investor must analyze all the costs and benefits in detail. 

Direct investment for EB-5 visa gives more control to the investor. Whether you start a new business or invest in an existing one, you can run the business as you want or have a say in the decision-making process.

Direct investment means having the potential for unlimited earnings. If you start a business or invest in a new enterprise, there is no limit on how much profit you can get from the business.

If you have a good business plan and run the operation successfully, you can get a good return on investment.

Direct investment for an EB-5 visa usually will not charge you an administrative fee, while investing in a regional center requires you to pay an administrative fee of $50,000 to $70,000 to manage the project.

Investment through Regional Center  

Investors of EB-5 visas have the option to invest in an enterprise through a government-approved regional center.

The minimum investment requirement through a regional center is  $1.05 million, or $800,000 if the investment project is in a targeted employment area.  

A regional center is a designated organization by the United States Citizenship and Immigration Services (USCIS) that sponsor capital investment projects for EB-5 visa investors.  

A regional center can be a private or public entity that promotes regional productivity, economic growth, domestic capital, and job creation. If you chose the investment through a regional center, it would take care of the responsibility of job creation for at least 10 qualified individuals.

Since the regional centers are pre-approved by the US government, the investor is not required to prove that the investment has successfully employed qualified individuals, that the enterprise is new, or that the investors are capable of operation and maintenance.

Benefits of investment through Regional center  

The regional center takes care of most of the investment requirements and criteria.

For investors looking for less burden in the EB-5 visa investment process, investing through regional centers provides them with an ideal situation.

Investors not interested in investing time in research about investment options can take advantage of already existing government-approved business units.   

In addition, investors who choose the path of regional center investment will have more geographic mobility both within and outside the States.

However, investment through regional centers only reduces some responsibilities in the EB-5 visa process, your involvement in the process is mandatory.

Which investment method is best for you?  

The EB-5 visa is the safest and fastest way to get a USA green card. As the investment amount is considerable, the investors must consult professionals and attorneys to guide them through the process.   

Depending on your current situation, you can choose either path. If your schedule allows you to operate and manage a business in states, and if you meet all the requirements, direct investment can provide more control and financial benefits.

But if the purpose is to opt for a green card through an EB-5 visa, investment in a regional center provides a less burdened and convenient path.  



What do you know about US EB-5 Visa?

The US is the dream place to live for people worldwide. As the world’s largest economy, the US provides countless opportunities for economic progress and professional growth.

The US is also home to the world’s top-ranking educational institutes, i.e., Harvard, CALTECH, Ivy League universities, and many more. Headquarters of the world’s largest corporations are located in the US.

In 2021, 53 out of Fortune 500 companies were headquartered in New York City. Having a US residency card or nationality means having leverage over the rest of the world in getting an opportunity in Fortune 500 companies.

People worldwide search for opportunities to immigrate to the US for a better quality of life, education, and economic growth.

There are several programs to facilitate the immigration of foreign nationals, and one of them is the EB-5 visa program.

What is EB-5 Visa Program?

EB-5 is an investor program in the United States created in 1999 by the US Congress. The US EB-5 visa program is equivalent to the Golden Visa Program in Europe.

That means it is an immigration program that allows foreign nationals to move permanently to the States in exchange for an investment.

The EB-5 visa allows investors to reside in the States and option a green card for themselves, their spouse, and children under the age of 21.

The primary condition to become eligible for an EB-5 visa is a capital investment of $800,0000 in a new commercial enterprise.

Who is eligible for The US EB-5 Visa?

All non-US citizens worldwide are eligible to apply for the EB-5 visa. No specific personal or professional requirements exist to qualify for the EB-5 visa, and an individual with highly liquid financial assets can apply for the EB-5 visa program.

However, investors applying for the EB-5 program must have clean criminal records. If the investment is not to regional centers. In that case, the investors must demonstrate that they are involved in managing the company they have invested in and in what capacity.

The investor must prove that they have acquired the investment funds legally. If the funds are available to an individual through inheritance, there must be proof of legal ownership and transfer of such assets.

Options to obtain: EB-5 Visa

1. Investment in a new commercial venture

An amount of €800,000 must be invested in a new enterprise to obtain an EB-5 visa. New businesses or enterprises are established after 29 November 1990, per the immigration law.

A business founded before 29 November 1990 but purchased and restructured to create a new enterprise also falls under the new enterprise category.

An enterprise is also considered new if the enterprise is expanded due to the investment to the extent that the number of employees and net worth of the enterprise increases by 40%.

2. Creation of at least ten full-time jobs

For an EB-5 visa, an applicant must invest the required capital in a new commercial enterprise that will create at least ten jobs for qualified individuals.

The new commercial venture must create ten full-time positions, meaning the enterprise must be the employer.

If the commercial enterprise is located in the regional center, in that case, the enterprise can create full-time positions directly or indirectly.

The enterprise needs to hire ten qualified individuals to work in the State. The qualified workers, in this case, are US citizens, green card holders, and all other people authorized to work legally in the States.

3. Passive investment in a regional center

If an investor is interested in something other than starting or investing in a company where they must take responsibility and work themselves, there is an alternate option for them.

To obtain an EB-5 visa, one can also make a passive investment in a regional center. The US government created the regional center institute to provide an opportunity to obtain a green card through a strictly passive investment.

What types of businesses fall under new commercial enterprise?

A commercial enterprise is any for-profit activity to conduct a lawful business.

Any legal business from the following category qualifies as Commercial Enterprise

  1. Sole proprietorship
  2. Partnership ( limited or otherwise)
  3. Joint venture
  4. Business trust
  5. Corporation
  6. Limited liability company
  7. Other private and public-owned entities

Why invest in EB-5 Visa?

The EB-5 visa route allows high net-worth investors to obtain a US green card, and other advantages make the investment worth it.

The route benefits the investors and allows the spouses and children to live, work and study in the States. The EB-5 route is quicker and easier for permanent residency than other immigration and visa programs.

Once on the EB-5 visa route, you no longer require visa sponsorship for your family, a hurdle most foreigners face. This program allows you to reside anywhere in the United States of America and work anywhere.

It allows the investor’s children to study and work anywhere in the US. Once you have a US green card, you can travel in most countries visa-free.

In addition, the well-structured transportation and facilities allow you to explore 52 states of the US easily.