Gehis Immigration and International Legal Services, with a dedicated EB-5 Visa Consultant in Bangalore, is proud to guide Indian investors through this complex but rewarding journey. With a U.S.-licensed legal team and a deep understanding of both American immigration policy and Indian financial systems, we offer a bridge between ambition and opportunity, ensuring that your EB-5 investment is secure, compliant, and aligned with your long-term immigration goals.
The EB-5 Immigrant Investor Program, administered by the U.S. Citizenship and Immigration Services (USCIS), offers a direct path to permanent residency in the United States for qualified foreign investors. By investing in a new commercial enterprise and creating or preserving 10 full-time jobs for U.S. workers, investors and their immediate families (spouse and children under 21) become eligible for a U.S. Green Card.
Indian investors have shown a growing interest in the EB-5 visa program. Several factors contribute to this trend: long wait times and backlogs in other employment-based green card categories, the desire for children’s educational opportunities in the U.S., and increasing economic stability that enables high-net-worth individuals to consider global migration options. The EB-5 program’s relatively flexible requirements and the potential for U.S. permanent residency without employer sponsorship or family ties make it particularly attractive.
What is the EB-5 Visa?
The EB-5 visa is a U.S. immigrant visa that allows foreign investors to obtain lawful permanent residency (Green Card) by making a qualifying investment in the United States. Established in 1990, the program was designed to stimulate the U.S. economy through job creation and capital investment by foreign nationals.
Investment Threshold and Job Creation Requirements
To qualify for the EB-5 visa, investors must:
- Invest a minimum of $1.05 million in a U.S. commercial enterprise, or $800,000 if the investment is made in a Targeted Employment Area (TEA), either a rural area or an area with high unemployment.
- The investment must create or preserve at least 10 full-time jobs for qualified U.S. workers within two years of the investor’s admission to the United States.
Types of EB-5 Projects: Direct vs. Regional Center:
There are two primary paths under the EB-5 program:
- Direct EB-5 Investment
Investors are involved in a specific business project and are directly responsible for creating the required jobs.
Best suited for entrepreneurs who want to manage or influence the operations of the business.
Job creation must be direct and verifiable.
- Regional Center Investment
Investors contribute to a project sponsored by a government-approved Regional Center.
This route allows for indirect job creation and requires less day-to-day involvement.
Ideal for passive investors seeking immigration benefits through structured investment vehicles with professional management.
Why Choose the EB-5 Visa?
For many Indian investors and their families, the EB-5 visa offers more than just immigration; it offers a future full of possibilities in the United States. Here are the advantages that make the EB-5 visa an attractive choice:
Unlike other immigration categories that rely on employer sponsorship or family ties, the EB-5 visa is a self-sponsored route to U.S. permanent residency. Investors, their spouses, and unmarried children under 21 receive Green Cards, enabling them to live and work in the U.S. with no further visa restrictions. Over time, this may also lead to U.S. citizenship.
EB-5 investors and their families are not tied to a specific employer, job location, or educational institution. Once granted conditional permanent residency, they can choose where to live, where to work, and where to study. This is particularly valuable for families planning their children’s higher education or professionals seeking flexibility in employment.
For those who prefer a hands-off investment approach, the Regional Center pathway offers the ideal solution. Investors are not required to actively manage the business or be physically present in the U.S. business operations. The Regional Center handles project development, operations, and job creation compliance, allowing investors to focus on relocation planning and family integration.
Eligibility Criteria for Indian Investors
To qualify for the EB-5 visa, Indian investors must meet a set of financial, legal, and regulatory requirements set by the U.S. Citizenship and Immigration Services (USCIS). The first and foremost requirement is the investment amount. Investors must contribute either USD 800,000 if the investment is made in a Targeted Employment Area (TEA), a rural or high-unemployment area, or USD 1.05 million if the investment is in a non-TEA region. This capital must be directed into a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers.
Another crucial requirement is proving that the investment funds come from a lawful source. USCIS expects clear documentation of the origin of funds, which can include salary savings, business income, the sale of assets, inheritances, or legally structured loans. All financial trails must be transparent and well-documented to avoid delays or denials during adjudication.
Investors must have a clean criminal background, as all applicants undergo rigorous background checks. Serious criminal offenses can lead to ineligibility, although some minor infractions may still be admissible depending on individual circumstances. Legal counsel is essential to evaluate the implications of any prior legal issues.
The investor must demonstrate a genuine willingness to invest in a new commercial enterprise in the United States. This business must be a for-profit entity engaged in lawful activities. Passive investments, such as purchasing stocks or investing in ventures that do not create U.S. jobs, do not meet EB-5 program criteria.
With so many details to manage, professional guidance is essential. At Gehis Immigration and International Legal Services, our Bangalore-based EB-5 consultants provide end-to-end support to help Indian investors manage eligibility and documentation with clarity and confidence.
EB-5 Application Process:
The EB-5 visa journey requires careful planning and a structured approach. At Gehis Immigration and International Legal Services in Bangalore, we guide our clients through each stage with precision and personalized attention. The process begins with an initial consultation, where our EB-5 professional evaluates the investor’s immigration goals, financial eligibility, and investment preferences. This stage is crucial for laying the groundwork and ensuring the investor is well-informed about all requirements and timelines.
Once eligibility is confirmed, the next step is selecting a qualified EB-5 project. Investors may choose between direct investments or projects under USCIS-approved Regional Centers. Gehis’ team helps assess project viability, compliance, and potential return on investment, ensuring the selection aligns with both immigration success and financial prudence.
After choosing the investment, the investor proceeds to file Form I-526E, the Immigrant Petition by Regional Center Investor. This petition must include detailed evidence of the investment amount, the lawful source of funds, and job creation projections. Upon approval of the I-526E, the investor can then either proceed with Consular Processing (if residing outside the U.S.) by attending an interview at the U.S. Embassy or Consulate, or opt for Adjustment of Status (if legally residing in the U.S.) to transition to permanent residency.
Following the interview or status adjustment, the investor and eligible family members receive a Conditional Green Card, valid for two years. During this period, the investment must fulfill its job creation requirements. To convert this conditional status into a permanent one, the investor must file Form I-829 approximately 90 days before the second anniversary of obtaining conditional residency. This final step proves that the investment was sustained and that the required jobs were created, leading to the issuance of a permanent Green Card.
With comprehensive legal and strategic support from Gehis Bangalore office, Indian investors can confidently manage the EB-5 application process and move one step closer to realizing their American dream.
EB-5 Timeline for Indian Investors:
Understanding the EB-5 timeline is crucial for Indian investors who wish to plan their U.S. immigration journey strategically. The process begins with preparing and filing Form I-526E, which typically takes 12 to 24 months for USCIS to adjudicate, depending on the case complexity and workload. After I-526E approval, Indian investors may face additional wait times based on the annual visa cap and country-specific demand, which is reflected in the U.S. Department of State’s Visa Bulletin.
India is experiencing relatively shorter visa wait times compared to previous years, but this can change depending on how quickly the annual EB-5 visa quota fills up. Regularly monitoring the Visa Bulletin is essential to determine whether the priority date is “current,” which affects when investors can move forward with either adjustment of status or consular processing.
Early planning is critical because these timelines are subject to change and can be influenced by backlogs or policy shifts. Starting the EB-5 process well in advance ensures that investors and their families can secure their place in the visa queue, avoid delays due to retrogression, and prepare for life in the U.S. without uncertainty. At Gehis Immigration and International Legal Services in Bangalore, we keep our clients updated with real-time immigration trends, priority dates, and visa movement, helping them make timely and informed decisions that protect their investment and family goals.
Final Word.
The EB-5 Immigrant Investor Program offers more than just a pathway to U.S. residence; it opens the door to a new life filled with opportunity, freedom, and security for investors and their families. For Indian nationals seeking a direct route to the American Dream, the EB-5 visa presents a powerful and strategic option. However, navigating its complex legal, financial, and procedural requirements demands expert guidance.
At Gehis Immigration and International Legal Services in Bangalore, we specialize in supporting Indian investors through every step of the EB-5 journey. From project selection and source-of-funds documentation to visa filing and green card issuance, our team is dedicated to delivering clear, personalized, and results-driven counsel.
Take the first step toward your U.S. future. Contact us today for a confidential consultation. Let Gehis team be your trusted bridge from Bangalore to the United States.
