The EB-5 visa for Indians offers an investment-based pathway to US permanent residency, bypassing the competitive H-1B lottery system entirely. With a minimum investment of $800,000, you can secure green cards for yourself, your spouse, and unmarried children under 21.
The program requires creating 10 US jobs and proving lawful source of funds.
Processing timelines range from 2-3 years for set-aside categories to 7-8 years for unreserved categories.
However, the process demands strict RBI compliance, comprehensive documentation, and total costs reaching $900,000 to $1.2 million including fees and taxes.
Key Takeaway
The EB-5 visa allows foreign nationals to obtain US permanent residency through business investment and job creation.
Here's what you'll learn:
- Minimum investments of $800,000 (TEA) or $1.05 million (non-TEA) required
- Total costs reach $900,000-$1.2 million including fees, TCS, and legal expenses
- Must prove lawful source of funds and comply with RBI/FEMA regulations
- Processing takes 2-3 years (set-aside) or 7-8 years (unreserved) for Indians
- Set-aside categories remain current with no backlog as of 2025
What is the EB-5 Visa Program?
The EB-5 Immigrant Investor Program was created in 1990 to stimulate the US economy through foreign investment. You obtain a green card by investing in a US business and creating 10 full-time jobs for American workers. The process involves filing an I-526E petition, receiving a two-year conditional green card, then filing I-829 to remove conditions.
You can invest through Regional Centers (passive, managed projects counting direct and indirect jobs) or Direct Investment (active business ownership requiring 10 direct employees). Most Indian investors choose Regional Centers because they handle operations and simplify job verification.
The EB-5 bypasses H-1B lottery requirements and offers no employer sponsorship dependency. H-1B visa holders can benefit from concurrent filing to get work authorization within 2-6 months.
How Much Investment is Required?
Minimum Investment Amounts
For projects in Targeted Employment Areas (TEAs), the minimum investment is $800,000. For standard areas, you need $1,050,000. TEAs include rural areas (outside metropolitan areas with populations under 20,000) and high unemployment areas (unemployment rates at least 150% of national average).
The 2022 Reform Act created set-aside visa categories allocating 32% of annual EB-5 visas to rural TEAs (20%), high unemployment TEAs (10%), and infrastructure projects (2%). These categories remain current with no backlog as of 2025, dramatically reducing wait times for Indian investors.
Job Creation Requirement
Every EB-5 investment must create at least 10 full-time jobs requiring minimum 35 hours per week for qualifying US workers (citizens, permanent residents, or authorized immigrants). You cannot count yourself, your spouse, or children toward this requirement.
Regional Center investments can count both direct and indirect jobs created through economic multiplier effects. Direct investments must create 10 direct W-2 employee positions only. Your investment must remain at risk throughout your two-year conditional residency period.
What is the Total Cost for Indian Citizens?
Complete Cost Breakdown
The total out-of-pocket costs reach $900,000 to $1.2 million for the complete EB-5 process:
- Minimum investment: $800,000 (TEA) or $1,050,000 (non-TEA)
- Regional Center administrative fees: $50,000-$70,000 covering project management and compliance monitoring
- Legal and immigration attorney fees: $25,000-$75,000 for petition preparation and documentation
- Government filing fees: $5,000-$10,000 including I-526E ($3,675), I-485 ($1,225 per adult, $750-$1,140 per child), I-829 ($3,750 plus $85 biometrics per person), and visa/green card production fees
- Tax Collected at Source (TCS): $80,000-$160,000 on remittances from India
- Miscellaneous costs: $5,000-$15,000 for document translation, medical exams, and travel
Understanding TCS on Remittances
Indian residents must pay 20% TCS on foreign remittances for investments abroad exceeding $250,000 per financial year under the Liberalized Remittance Scheme. For an $800,000 investment, TCS applies to $550,000, resulting in $110,000 collected upfront.
While TCS is adjustable against your final tax liability when filing Indian returns, you must arrange this upfront payment. You need $910,000 available ($800,000 investment plus $110,000 TCS) to complete the remittance.
Who is Eligible for EB-5 Visa from India?
Basic Requirements
You must be at least 18 years old with no criminal record. There's no maximum age limit, and you don't need specific education, work experience, or English proficiency. USCIS conducts thorough background checks reviewing criminal history for the past 15 years.
Your EB-5 petition can include your spouse and all unmarried children under 21 years old. They receive derivative green cards based on your investment without needing separate investments. Children born after you receive your green card don't qualify under your original petition.
Proving Lawful Source of Funds
You must document that every rupee of your investment came from lawful sources. USCIS requires a complete financial trail showing fund accumulation. Acceptable sources include business income, salary, property sales, inheritance, gifts from relatives, and loans secured by your assets.
You need seven years of tax returns, bank statements, property documents, business financial statements, and gift documentation. If investment includes gifts from family members, each donor must also document their lawful source of funds.
How Do You Transfer Funds from India?
RBI Liberalized Remittance Scheme
The RBI allows resident Indians to remit up to $250,000 per financial year under the Liberalized Remittance Scheme for any permissible transaction, including foreign investments.
For investments exceeding this, structure remittances across multiple financial years or utilize LRS limits of multiple family members (parents, siblings, spouse, adult children each have separate $250,000 limits). Each person must have a PAN card and document their own lawful source of funds.
FEMA Compliance Requirements
The Foreign Exchange Management Act (FEMA) governs all foreign exchange transactions by Indian residents. All remittances must go through authorized dealer banks, which verify LRS compliance and report transactions to RBI.
Non-compliance with FEMA regulations can result in penalties up to 300% of the transferred amount. US consulates in Mumbai and Delhi have reportedly denied visas to applicants who failed to comply with RBI and FEMA regulations when transferring funds.
Your authorized dealer bank requires comprehensive documentation including EB-5 project details, regional center approval documents, subscription agreement, proof of lawful source of funds, PAN cards, Aadhaar cards, bank statements, tax returns, and property documents.
What is the Processing Timeline for Indians in 2025?
Understanding Visa Bulletin and Priority Dates
The US Department of State publishes a monthly Visa Bulletin showing when immigrant visas become available. Your priority date is the date USCIS receives your I-526E petition. When your priority date becomes earlier than the date listed in the visa bulletin, a visa becomes available.
Unreserved Category: 7-8 Year Backlog
The unreserved EB-5 category faces significant backlogs for Indian applicants. As of May 2025, the final action date for India is May 1, 2019, and has been retrogressing. Only petitions filed before May 2019 are currently receiving visas.
If you file in 2025, realistic wait times in the unreserved category extend to 2032 or beyond, approximately 7-8 years or longer. The backlog exists because annual visa availability for each country is capped at 7% of total EB-5 allocation.
Set-Aside Categories Remain Current
The 2022 Reform Act's set-aside categories remain current for all countries including India as of 2025. This means no backlog exists, and visa availability follows immediately after I-526E approval.
For Indian investors, choosing a rural or high unemployment TEA project reduces processing time from 7-8 years to 2-3 years total. Rural projects also receive priority processing with some I-526E approvals coming in 6-12 months versus 18-36 months for unreserved projects.
Concurrent Filing Benefits
If you're already in the US on a valid nonimmigrant visa, you can file your I-485 adjustment of status application concurrently with your I-526E petition for set-aside categories.
You receive an Employment Authorization Document (EAD) typically within 2-6 months of filing, allowing you to work for any employer without visa sponsorship restrictions. You also get Advance Parole for international travel. For NRI financial planning, this provides immediate employment stability.
What Documents Do Indian Applicants Need?
Personal and Financial Documentation
You need valid passports for yourself, spouse, and children, including copies of all previous passports. Provide birth certificates for all family members, marriage certificate, and divorce decrees if applicable.
Financial documentation includes personal tax returns for seven years, business tax returns if you own a company, all bank statements showing deposits and withdrawals, property purchase and sale deeds, business ownership documents, and shareholder agreements.
If your source includes gifts, provide gift deeds, bank transfer records, and the donor's source of funds documentation including their tax returns and bank statements. For inheritance, provide death certificates, probate documents, and estate distribution records.
Investment Project Documents
Your petition must include detailed project information: regional center's USCIS designation letter, comprehensive business plan with job creation methodology, economic impact study, subscription agreement, wire transfer confirmations, and receipts from the regional center.
What is the Application Process?
Step 1: Select Project and Attorney
Research EB-5 regional centers and projects. Look for centers with strong track records of I-526 approvals, I-829 approvals, and successful capital repayments. Simultaneously, hire an experienced EB-5 immigration attorney with expertise in Indian applicant issues.
Step 2: Document Funds and Transfer Investment
Compile complete source of funds documentation (typically takes 6-12 weeks). Coordinate with your bank regarding FEMA compliance and LRS requirements. If using multiple family members for remittances, prepare documentation for each person showing their lawful source of funds. Transfer investment to the new commercial enterprise or regional center escrow account.
Step 3: File I-526E Petition
Your attorney prepares and files Form I-526E along with all supporting documentation demonstrating qualifying investment, job creation, and lawful source of funds. The filing fee is $3,675 per family. After filing, USCIS issues a receipt notice with your priority date.
Step 4: Wait for Priority Date
After I-526E approval, monitor the monthly visa bulletin. For set-aside category investments, your date should be current immediately. For unreserved category investments, this wait can extend 5-8 years for Indian applicants.
Step 5: Consular Processing or Adjustment of Status
When your priority date becomes current, proceed to either consular processing (filing DS-260 and attending interview at US consulate in Mumbai or Delhi) or adjustment of status (filing I-485 with USCIS if inside the US).
Step 6: Receive Conditional Green Card and Remove Conditions
Upon approval, you receive your two-year conditional green card providing full rights to live and work anywhere in the US. Within 90 days before expiration, file Form I-829 to remove conditions, proving you maintained your investment for two years and the project created required jobs. I-829 processing takes 22-48 months. Upon approval, you receive a permanent green card valid for 10 years.
What Benefits Do EB-5 Visa Holders Receive?
Freedom and Flexibility
Your green card grants unconditional freedom to live in any US state, work for any employer, start businesses, or choose not to work. There's no visa sponsorship requirement or employment authorization renewals. Your spouse can work anywhere without restrictions.
Educational Advantages
Green card holder students qualify for in-state tuition at public universities after establishing residency (typically one year). In-state rates can be 50-75% lower than international student rates. Your children also qualify for federal financial aid and scholarships available only to US residents.
Pathway to Citizenship
After five years of permanent residency (including two years on conditional green card), you become eligible for US citizenship through naturalization. Citizenship grants voting rights, eligibility for federal jobs, and protection from deportation.
OCI Status Option
After obtaining US citizenship, you can apply for Overseas Citizen of India (OCI) status. India doesn't recognize dual citizenship, but OCI provides lifelong multiple-entry visas to India and parity with NRIs in economic and financial matters. However, OCI holders cannot vote in Indian elections or hold certain government positions.
What Are the Key Risks and Challenges?
Investment Risk
Your EB-5 investment is a genuine business investment with no guarantee of returns or principal repayment. Some projects succeed and return full capital with modest gains, while others may return partial capital or result in complete loss. View the capital primarily as an immigration investment, not a financial investment.
Visa Backlog and Child Aging Out
For Indian applicants in unreserved category, current backlogs extend 7-8 years. During this timeline, your children may age out. If your child is 15 when you file, they'll be 22-23 when visas become available, exceeding the under-21 requirement and losing eligibility.
Documentation Requirements
USCIS scrutinizes source of funds documentation intensely. Any gaps in documentation, unclear fund transfers, or inability to prove lawful source can result in petition denial. For Indian applicants, documenting income sources across seven years presents challenges with cash-based business income, incomplete records, or inheritance from distant relatives.
RBI Compliance Penalties
Failure to comply with RBI regulations when transferring funds carries severe penalties. FEMA violations can result in penalties up to 300% of the transferred amount. US consular officers review compliance with Indian regulations, and non-compliant transfers have led to visa denials even after USCIS petition approvals.
Conclusion
The EB-5 visa offers Indian investors a direct pathway to US permanent residency through investment starting at $800,000, with total costs reaching $900,000-$1.2 million including fees and TCS. The program provides green cards for your entire family without employer sponsorship. Success requires careful RBI compliance, comprehensive source of funds documentation, and strategic category selection. Set-aside categories eliminate the 7-8 year backlog facing unreserved applicants. With proper planning and expert guidance, the EB-5 program can secure permanent US residency and eventual citizenship for your family.
Ready to explore if EB-5 is right for you? Consult qualified immigration attorneys and research established regional centers with proven track records.
Frequently Asked Questions
Can Indian citizens apply for EB-5 visa in 2025?
Yes, Indian citizens are fully eligible to apply for EB-5 visas in 2025. You must meet standard requirements including minimum investment of $800,000 in TEAs or $1,050,000 in standard areas, prove lawful source of funds, and create 10 jobs. Indian applicants face 7-8 year backlogs in unreserved category. Choosing investments in set-aside categories like rural or high unemployment areas eliminates this backlog, as these categories remain current.
How much total money is needed for EB-5 from India including all costs?
Budget $900,000 to $1.2 million total. This includes minimum investment ($800,000 TEA or $1,050,000 non-TEA), Regional Center fees ($50,000-$70,000), immigration attorney fees ($25,000-$75,000), government filing fees ($5,000-$10,000), Tax Collected at Source on remittances ($80,000-$160,000), and miscellaneous costs like document translation and medical exams ($5,000-$15,000). TCS is adjustable against your tax liability but requires upfront payment when remitting funds.
How long does the EB-5 process take for Indian applicants currently?
Processing time depends critically on visa category selection. Unreserved EB-5 category faces 7-8 year total timelines from filing to green card due to visa bulletin backlogs. Set-aside categories (rural, high unemployment, infrastructure) have 2-3 year total processing since these categories remain current with no backlog. I-526E petition processing takes 6-36 months (faster for rural projects with priority processing), and I-829 processing takes 22-48 months after receiving conditional green card.
Can I transfer more than $250,000 from India for EB-5 investment?
Yes, but requires careful structuring under RBI's Liberalized Remittance Scheme. Individual residents can remit up to $250,000 per financial year. For investments exceeding this, spread remittances across multiple financial years or utilize LRS limits of multiple family members (each with separate $250,000 limits). Each person must have PAN card and document lawful source of funds. Remittances exceeding $250,000 in a year attract 20% TCS. All transfers must comply with FEMA regulations through authorized dealer banks.
Do I need to give up Indian citizenship if I get US green card through EB-5?
No, receiving a US green card doesn't require giving up Indian citizenship. You can maintain Indian citizenship while holding US permanent resident status indefinitely. However, if you later naturalize as a US citizen (eligible after 5 years of permanent residency), you must renounce Indian citizenship as India doesn't permit dual citizenship. After becoming a US citizen, you can apply for Overseas Citizen of India (OCI) status, providing lifelong multiple-entry visa to India and most NRI rights except voting and holding public office.
What is the difference between set-aside and unreserved EB-5 categories?
Set-aside categories receive 32% of annual EB-5 visas allocated specifically to rural TEA projects (20%), high unemployment TEA projects (10%), and infrastructure projects (2%). These categories remain current with no backlog as of 2025, meaning immediate visa availability after I-526E approval. Rural projects also receive priority processing. The unreserved category receives remaining EB-5 visas and faces severe backlogs. Indian applicants in unreserved category wait 7-8 years, while set-aside category applicants proceed in 2-3 years total. For Indian investors, choosing set-aside category investments dramatically reduces processing time.
About the Author
By Prakash
CEO & Founder of InvestMates
Prakash is the CEO & Founder of InvestMates, a digital wealth management platform built for the global Indian community. With leadership experience at Microsoft, HCL, and Accenture across multiple countries, he witnessed firsthand challenges of managing cross-border wealth. Drawing from his expertise in engineering, product management, and business leadership, Prakash founded InvestMates to democratize financial planning and make professional wealth management accessible, affordable, and transparent for every global Indian.
