Can Indian Students on Visa Pursue an EB-5?

Amidst the competitive landscape of global education and career prospects, Indian students in the U.S. on F-1 visas encounter distinctive hurdles and ambitions. As they aspire to secure a promising future in the land of opportunities, the EB-5 visa shines as a beacon of hope, offering a direct and smoother pathway to U.S. permanent residency.

The EB-5 visa, recognized as the Immigrant Investor Program, was enacted by the U.S. Congress with the aim of revitalizing the American economy through promoting job creation and capital infusion from international investors. It presents an appealing option for international students, particularly those from India, who seek more than just an education in the U.S. The EB-5 program opens doors to permanent residency (Green Card) and potentially U.S. citizenship, bypassing the uncertainties and constraints often associated with student visas.

Benefits of the EB-5 Visa for International Students:

Certainty in Admission and Stay:

It eliminates the unpredictability surrounding student visa approvals, providing a straightforward path to remaining in the U.S.

Financial Benefits:

An EB-5 visa grants U.S. residency, enabling access to in-state tuition rates at prestigious universities nationwide, significantly reducing educational expenses. Green card holders are eligible for various scholarships, grants, and federal loans typically unavailable to international students.

Employment Flexibility:

The EB-5 visa removes work restrictions common with student visas, allowing graduates to explore a broader spectrum of career opportunities, including entrepreneurship.

Concurrent Filing and Its Benefits for Indians on OPT:

Concurrent filing offers a notable advantage for Indian students enrolled in Optional Practical Training (OPT) in the U.S.

 This process enables students to simultaneously file for work and travel permit authorization while their EB-5 petition is pending, expediting the pathway to obtaining U.S. permanent residency.

Advantages of Concurrent Filing:

Fast-Tracking Employment Authorization:

By concurrently filing, students can swiftly acquire an Employment Authorization Document (EAD), allowing legal work in the U.S. in as little as 3 months without the restrictions typically associated with F-1 visas.

Expedited Travel Document Acquisition:

Concurrent filing accelerates the process of obtaining travel documents, usually within 6-8 months, enhancing mobility for students.

Seamless Transition:

It facilitates a smoother transition from being an international student on OPT to becoming a green card holder, circumventing traditional, often protracted visa processes.

Transitioning from an F-1 to an EB-5 involves several steps:

Investment Amount:

Choose between investing $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other areas.

Job Creation:

Ensure that the investment generates a minimum of 10 full-time jobs for U.S. workers.

Investment Vehicle:

Typically, investments are channeled through Regional Centers, such as the U.S. Immigration Fund (USIF), sanctioned by USCIS to oversee EB-5 projects.

The process includes filing the I-526 petition, concurrently submitting the I-485 for Adjustment of Status, obtaining the Employment Authorization Document (EAD) and Advance Parole (AP), attending an interview for I-485 approval, and ultimately removing conditions with I-829.