The EB‑5 Immigrant Investor Program is an exciting avenue to permanent residency in the United States. It allows foreign nationals—and their spouses and unmarried children under 21—to receive a green card by investing in a U.S. business that creates jobs. For Indian investors seeking a path beyond H‑1B or student visas, EB‑5 offers independence from employer sponsorship and a clear timeline to citizenship. However, the process is complex and capital‑intensive. Here’s what you need to know.
1. Determine Your Eligibility
To qualify for EB‑5, you must be able to invest $1,050,000 in a standard project or $800,000 in a targeted employment area (TEA) or infrastructure project. You’ll also need to prove that your funds come from legal sources. This could include salary, the sale of a business or property, inherited wealth or gifts. Indian investors should prepare bank statements, tax returns and documentation for any large transfers to the U.S. Consider consulting both U.S. and Indian tax professionals to avoid unexpected liabilities.
2. Choose Direct or Regional Center Investment
You can invest directly in a new commercial enterprise that you manage, or you can invest through a USCIS‑approved regional center like our partner Shoora EB5. Direct investments require hands‑on management and job creation proof. Regional centers pool funds from multiple investors and handle project management and job creation requirements. For busy professionals, regional centers can be more convenient, but it’s critical to perform thorough due diligence on the centre’s track record and transparency.
3. File Form I‑526E & Await Approval
After selecting a project, you (or your attorney) will file Form I‑526E. This petition documents your investment, business plan and evidence of job creation. Processing times vary by country, but expect 18–24 months for approval. During this period you can continue working or studying on your current visa. The Reform and Integrity Act of 2022 has increased oversight of regional centres to protect investors, but also introduced new fees and requirements—be sure to work with reputable professionals.
4. Receive Your Conditional Green Card
Once your I‑526E petition is approved, you and your qualifying family members receive a two‑year conditional green card. This allows you to live and work anywhere in the U.S. without an employer sponsor. If you’re already in the U.S. on a different visa, you’ll file Form I‑485 to adjust status. If you’re abroad, you’ll go through consular processing. You must maintain your investment and create at least 10 full‑time U.S. jobs during this period.
5. Remove Conditions with Form I‑829
Before your conditional green card expires, you’ll file Form I‑829 to prove that the required jobs were created and sustained. After approval, you receive a permanent green card. From there, you can eventually apply for U.S. citizenship. If you invested via a regional centre, they will provide the necessary documentation, but it’s your responsibility to ensure the project meets EB‑5 requirements.
6. Perform Thorough Due Diligence
EB‑5 investments carry risk. Avoid projects that promise unrealistic returns or downplay potential obstacles. Work with an experienced immigration attorney and financial advisor who can evaluate regional centres, monitor regulatory changes and help you assemble the documentation needed for a successful petition. It’s also wise to diversify your wealth—an EB‑5 investment should be one piece of your broader financial strategy. For more details on EB‑5, visit our Tax & EB‑5 page.
Want to know whether EB‑5 is right for your family? Schedule a free consultation. We’ll review your financial situation, immigration goals and timeline to determine whether this program aligns with your objectives.