As visa policies tighten, EB-5 emerges as a reliable path to US residency

For Indian nationals in the US who are on F-1, H-1B, or other temporary employment visas, the EB-5 investment based green card is a powerful option. It is a way to qualify for a green card very quickly. And despite the EB-5 program requiring an investment of $800,000, based on our experience, this investment is almost always returned to the applicant at the conclusion of four to six years.

By that point, the applicant has a green card in hand. Even with the challenges posed by the current administration, the EB-5 remains a pathway for many in need of lawful permanent resident status in the US

In May of 2025, the US government summarily revoked scores of F-1 student visas, forcing many of them into an unenviable decision: Do they stay in the United States and fight their revocations, or Do they return to India and reapply for admission to the United States in the future? These types of uncertainties have been commonplace in view of the current immigration regulations and strict enforcement, raising questions as to whether an F-1 is a viable visa for international students.

Before feeding into increased hysteria, however, it is important to recognise that although some changes may happen during this term, these changes are not permanent. Even now, the actual laws regulating F-1 visas have not been altered in any fundamental way.

Instead, the changes which have been introduced are temporary, reflecting this administration’s desire to enforce certain laws more harshly than others. In this regard, the US Department of State has increased scrutiny of F-1 visa applications. These types of enforcement-based changes are short-term and will not last beyond four years.

While this type of enforcement takes place, the United States still provides the best higher education of any country in the world. This is not the time to entirely abandon the F-1 visa. The US education leads to better career opportunities both in the US and abroad, something that will not change in the foreseeable future.

F-1 students are in a unique position, particularly those in the STEM field: They can complete their education on an F-1 and stay up to three years afterwards with the Optional Practical Training (OPT) program. The OPT program can help them pursue full-time employment in the area in which they obtained a degree. During the OPT period, employers often file for a work visa such as an H-1B, which provides graduating students the opportunity to pursue temporary employment in the US.

The F-1 to OPT to H-1B pathway is clear. And it remains clear, irrespective of the administration in charge. What happens next, however, is less clear. Our office has received numerous calls pertaining to the ability of students to go from an F-1 or H-1B visa to lawful permanent resident status (commonly known as a green card). This is not easy right now, and that is not because of the current administration.

The issuance of a green card for someone born in India, based on employment, can be subject to egregious delays of up to 20 years. This is because there is essentially a quota for individuals born in India, and the number of Indian applicants for the green card far exceeds that quota.

Enter the EB-5 investment-based green card. It is the only green card category that is immediately available for those born in India. The waiting times pale in comparison to the 20 years that normal employment-based green card applicants must wait.

In the past, the EB-5 green card was subject to a delay of six to seven years, but in 2022, the US Congress passed the EB-5 Reform and Integrity Act (RIA), making it possible to obtain a green card through the EB-5 program in about two years. The RIA set the minimum investment amount to $800,000.00 for those investing through a regional centre.

To clarify, there are various ways in which an individual can invest in the US, qualifying for the EB-5 visa. For example, a person can directly invest in a project in a targeted employment area and create employment for ten US citizen or permanent resident employees.

This process is not easy. An investor takes significant responsibility on their own. If they do not meet the requirements, their green card application fails. Only a small percentage of EB-5 applicants apply by investing in a targeted employment area.

As an alternative, certain businesses have been accredited by the US government to accept investments from EB-5 investors. These businesses operate what is known as the “regional centre program.” By investing $800,000 in a project facilitated by the regional centre program, an applicant becomes a limited partner in a project.

The applicant has the option to dissolve their interest in the project, and often receive a return of their capital, within a period of about four to six years. Regional centers usually return the investment capital of $800,000 within that timeline, barring very few exceptions.

In short, for Indian nationals in the US who are on F-1 student visas, H-1B visas, or other temporary employment visas, the EB-5 investment based green card is a powerful option. It is a way to qualify for a green card very quickly.

And despite the EB-5 program requiring an investment of $800,000, based on our experience, this investment is almost always returned to the applicant at the conclusion of four to six years. By that point, the applicant has a green card in hand. Even with the challenges posed by the current administration, the EB-5 remains a pathway for many in need of lawful permanent resident status in the US.