Indian H1B Holders Using EB-5 for Faster U.S. Green Cards

Indian H1B visa holders are increasingly turning to the EB-5 Immigrant Investor Program as an alternative pathway to permanent residency in the United States. This strategy helps them overcome the long wait times associated with employment-based green card categories. Here’s how they are leveraging the EB-5 program:

Reasons for Transitioning from H1B to EB-5

• Long Wait Times for Employment-Based Green Cards: The backlog for green cards under the employment-based categories (EB-2 and EB-3) is particularly long for Indian nationals, often stretching several years to decades.
• Direct Path to Permanent Residency: The EB-5 program offers a more direct and potentially faster route to obtaining a green card.
• Job Flexibility: Obtaining an EB-5 green card allows for greater job flexibility compared to the restrictions associated with the H1B visa, which ties the holder to a specific employer.

Steps for Indian H1B Holders Using the EB-5 Program

• Choosing an EB-5 Investment
  • Research: Identify a qualifying EB-5 investment project, typically through a regional center or direct investment.
  • Investment Amount: Prepare to invest the required amount, currently $1.05 million or $800,000 in a TEA.
  • Due Diligence: Conduct thorough due diligence on the chosen project to ensure its legitimacy and compliance with EB-5 requirements.
• Filing Form I-526
  • Documentation: Gather and prepare all necessary documentation, including proof of investment, lawful source of funds, and a detailed business plan.
  • Submission: File Form I-526 with USCIS, initiating the EB-5 process.
• Concurrent Filing of Form I-485 (If Eligible)
  • Eligibility: If physically present in the U.S. and a visa number is available, concurrently file Form I-485 to adjust status to permanent resident.
  • Supporting Documents: Include necessary supporting documents, such as medical examinations, biometrics, and evidence of lawful status.
• Work and Travel Authorization
  • Forms I-765 and I-131: Apply for Employment Authorization Document (EAD) and Advance Parole (AP) to work and travel while the I-485 is pending.
• Maintaining H1B Status
  • Dual Intent: Continue to maintain H1B status while the EB-5 application is processed to ensure lawful status in the U.S.
  • Extension: File for H1B extensions as necessary until the EB-5 process is complete.
• Conditional Permanent Residency
  • Approval: Upon approval of Form I-526, receive conditional permanent residency for two years.
  • Job Creation: Ensure that the investment meets the job creation requirement of at least 10 full-time jobs for U.S. workers.
• Removing Conditions on Residency
  • Form I-829: File Form I-829 within 90 days before the second anniversary of receiving conditional residency to remove conditions.
  • Evidence: Provide evidence that the investment has met the job creation and other EB-5 requirements.
• Obtaining Permanent Green Card
  • Approval: Upon approval of Form I-829, receive a permanent green card, granting permanent residency in the U.S.

Advantages for Indian H1B Holders

• Reduced Wait Times: By transitioning to the EB-5 program, Indian nationals can significantly reduce the wait time for obtaining a green card.
• Work and Travel Flexibility: EAD and AP allow H1B holders to work and travel without the restrictions imposed by the H1B visa.
• Family Inclusion: The EB-5 program allows the investor’s spouse and unmarried children under 21 to obtain green cards as well.
• Job Mobility: Permanent residency through EB-5 provides the freedom to change jobs or start a business without being tied to a specific employer.

Challenges and Considerations

• High Investment Requirement: The significant financial commitment required for the EB-5 program may be a barrier for some H1B holders.
• Risk of Investment: The chosen investment must create the required jobs and meet EB-5 program requirements to ensure the removal of conditions and obtain permanent residency.
• Documentation and Compliance: Thorough documentation and compliance with all program requirements are crucial to avoid delays or denials.

By navigating the EB-5 program strategically, Indian H1B visa holders can achieve their goal of permanent residency in the U.S. more efficiently, bypassing the lengthy wait times associated with other employment-based green card categories.