Akshay Vikhe

For years, the default path to the U.S. for Indian professionals was simple, get a job, move on an H-1B, and wait for a Green Card. Today, that wait can stretch into decades.    For high-net-worth Indians who don’t want their family’s future tied to employer sponsorship or endless visa renewals, that uncertainty is no longer acceptable. And that’s exactly why the EB-5 visa program is always there in serious conversations.    The EB-5 offers a direct path to permanent residency through investment. No employer dependency. No lottery system. Your spouse and children receive green cards alongside you.    This guide will explain EB-5 from ground up for Indian HNIs. What it is, why it’s attracting Indians now, how the process works, and what unique considerations you should know before diving in.    What is the EB-5 Visa?   The EB-5 is a U.S. immigrant visa program to attract foreign capital and create American jobs. The logic is simple, invest in the U.S. economy and earn permanent residency.    To qualify, an investor must:  Invest in a new commercial enterprise  Create at least 10 full-time U.S. jobs  Invest $800,000 in a Targeted Employment Area   Prove funds are lawful   In return, the investor, spouse, and unmarried children under 21 receive green cards. Parents are not included and they can only be sponsored later after U.S. citizenship.  You invest in a government-approved project often in real estate or infrastructure and remain a passive investor. Job creation can include indirect and induced jobs calculated through economic models.    The EB-5 Flow    Invest → File Form I-526 → USCIS approval → Consular interview or status adjustment → 2-year conditional green card → File I-829 → Permanent residency     Why Indian HNIs Are Looking at EB-5 Now    Short answer: Several structural shifts in both the U.S. and India are driving this surge.    Long answer:    1.Employment Green Card Delays   Indian applicants in EB-2 and EB-3 categories face long waiting periods due to per-country limits.  EB-5 offers a more direct pathway, subject to annual visa caps but historically more predictable for investors.  As the Times of India notes, “long wait times stretching into decades for employment-based Green Cards” are pushing Indians toward EB-5. Source   2.Family Security and Flexibility   One of our clients, a Mumbai-based entrepreneur, has two daughters in an international school. His concern wasn’t lifestyle. It was certainty. He didn’t want their university access or career choices dependent on visa renewals.    With EB-5:  Children qualify as residents  No employer dependency  Freedom to work, start businesses, or study without visa renewals  For many families, this is about generational positioning.   3.Policy Clarity    The EB-5 Reform and Integrity Act set current investment thresholds and extended the Regional Center program through September 30, 2027. Rules exist. Oversight exists. The pathway is defined. That matters to serious investors.    Step-by-Step EB-5 Process    The EB-5 journey unfolds in phases, often spanning 4 to 7 years. Below is an infographic style timeline and investment flow:    Expert Consultation & Project Selection Consult immigration and financial advisors. Select a USCIS-approved Regional Center project aligned with your residency goals.    Document Lawful Source of Funds Prepare a complete paper trail for every rupee invested. Funds must be clearly traceable and legally earned.    RBI / LRS Compliance & Fund Transfer Remit funds under India’s Liberalised Remittance Scheme with proper banking and tax documentation. Capital must remain at risk.    File EB-5 Petition (Form I-526 / I-526E) Submit your investment and job creation plan to USCIS. Processing typically takes 12–24 months.    Conditional Green Card (2 Years) After approval and visa availability, complete consular processing or adjustment of status. You receive a 2-year conditional Green Card.    File Form I-829 Petition File within 90 days before the 2-year mark, proving 10 jobs were created. Approval leads to permanent residency.    Final Outcome  Permanent Green Card → Eligible for U.S. citizenship after 5 years (if residency requirements are met).  Timeline Summary: From I-526 filing to permanent Green Card is typically 4–6 years. Source Capital is usually returned after about 4 to 6 years once conditions are removed.    EB-5 Visa Cost Breakdown for Indian Investors  Before committing, you need a clear view of the total EB-5 investment cost, not just the headline number.  Here’s what you’re realistically looking at.    Capital Investment This is the core requirement:  $800,000 in a Targeted Employment Area (TEA)  This amount must remain “at risk” until job creation requirements are met.    USCIS Filing Fees Government filing costs include:  $3,675 for Form I-526  ~$850 per family member (if adjusting status inside the U.S.)  ~$345 per person for immigrant visa issuance  These fees are fixed and non-refundable.    Legal and Professional Fees Most Indian HNIs spend between $50,000 to $150,000 on professional services.   This typically covers U.S. immigration lawyers, Indian FEMA/RBI advisors, source-of-funds documentation experts, project due diligence and advisory support.     Tax on Foreign Remittance (TCS) Under Indian tax rules, remittances above ₹10 lakh attract 20% Tax Collected at Source (TCS)  Important: TCS is adjustable or refundable against your income tax liability, but it impacts immediate cash flow.    Additional and Hidden Costs  Investors often underestimate:  Travel and relocation expenses  Translation and documentation costs  U.S. tax compliance after becoming a resident  Opportunity cost of locking $800k+ for 4–6 years  Capital is typically returned after conditions are removed, but timing depends on the project structure.    EB-5 Visa Cost Summary    Expense  Amount/Rate (approx.)  Capital Investment  $800,000 (TEA) – $1,050,000 (other areas)  USCIS Filing Fee (I-526)  ~$3,675 (principal)  Legal & Due Diligence  $50,000 – $150,000  Visa Processing Fee  ~$345 per applicant (DS-260)  Tax (TCS on remittance)  20% on amounts > ₹10 lakh  Bank Transfer Costs  Varies by bank; includes SWIFT, FIRC charges  Travel/Relocation  Round-trip tickets + settlement costs    EB-5 Investment Risks for Indian Investors    EB-5 is not a fixed deposit. Your capital is legally required to stay at risk, which means outcomes depend on both the project and policy environment.    The two risks that matter most:  Project Risk – If the project fails to create 10 full-time U.S. jobs, your permanent Green Card can be denied and capital recovery may be delayed or reduced.  Regulatory & Compliance Risk – Visa caps, policy shifts, RBI/LRS structure errors, or documentation gaps can complicate the process.   We break down these risks clearly including what actually goes wrong in real cases and how sophisticated