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EB5 Visa: The Fastest Way to Get Employment Based Permanent Residence in the United States for Indian Nationals
Published by Davies & Associates at October 18, 2016
What Is the EB-5 Visa?
The EB-5 visa gives high net worth individuals a path to U.S. permanent residence. It covers the investor and their immediate family members.
To qualify, an investor must:
- Invest $800,000 in a Targeted Employment Area (TEA), or $1,050,000 outside a TEA
- Create 10 full-time American jobs
The EB-5 program has two routes:
- Direct investment — the investor starts or buys a U.S. business
- Regional Center investment — the investor places funds into a pre-approved project
Why EB-5 Is Faster Than Other Visa Categories
EB-5 investors receive a green card soon after their petition is approved. This is much faster than other work-based categories.
Key advantages of EB-5:
- No employer sponsor needed — unlike EB-1, EB-2, and EB-3 categories
- No wait for priority dates — EB-1 and EB-2/EB-3 have long backlogs, but EB-5 has stayed current for Indian nationals
- No lottery — unlike H-1B, which gets 233,000+ applications for just 85,000 slots
- Family included — spouse and unmarried children under 21 also get Green Cards
The H-1B Challenge
The H-1B visa uses a lottery system. Nearly two-thirds of applicants are rejected each year.
Even those who win the lottery face problems:
- Green card wait times of 12+ years for Indians
- Dependence on employer sponsorship throughout
- Risk of losing status if changing jobs
The L-1A Challenge
The L-1A visa was once a strong alternative. It allowed managers and executives to get a green card through the EB-1C category.
However, EB-1C priority dates have become unpredictable. This creates uncertainty for business leaders who need a reliable timeline.
EB-5: The Fastest Path for Indians
With H-1B lottery challenges and shifting priority dates in other categories, EB-5 has become the fastest work-based green card option for Indian nationals.
We are seeing a growing trend:
- High net worth individuals are applying for EB-5 visas for themselves
- Parents are filing EB-5 petitions for their children who are studying or working in the U.S. on H-1B visas
- Families are using EB-5 to avoid the long wait for permanent residence
Next Steps
If you are an Indian national looking for the fastest route to a U.S. Green Card, EB-5 may be the right choice. Contact Davies & Associates to discuss your options.
