Faster EB-5 Green Card Queue for Indian applicants

The recently published data by the United States Department of State shows great advancement in the processing of existing EB-5 applications, particularly those belonging to Indian nationals. The January 2024 Visa Bulletin reveals a two year forward leap for India, from the previous December 2018 final action date to December 2020. This development brings hope to Indian families and individuals who have been patiently anticipating the review of their US golden visa applications in the EB-5 queue.

The EB-5 US Golden Visa

The EB-5 program – the US golden visa equivalent – offers a distinctive pathway for foreign investors and their families to obtain permanent residency and Green Cards in the United States. To qualify for the EB-5 program, applicants must invest a minimum of $800,000 in a government pre-approved real estate project in the United States, creating a minimum of ten full-time jobs for US workers. The investment amount is eligible for return to the investor after approximately five years from the initial date of investment.

The program presents a widely sought pathway to US residency, distinguished by its more lenient criteria compared to alternative immigration routes to the United States and other Western countries. For instance, the program does not have any minimum language proficiency, previous professional experience, or education requirements. Successful applicants must simply be able to demonstrate that the source of funds they have used for the $800,000 investment is from lawful sources. The popularity of the EB-5 golden visa is notably pronounced among Indian expats in the Middle East, owing to the myriad advantages associated with holding a U.S. Green Card. Specifically, families with school-aged children are drawn to the EB-5 program to access various educational benefits. These advantages encompass higher acceptance rates, reduced tuition fees, eligibility for government grants, loans, and scholarships, as well as improved prospects for employment upon graduation.

January 2024 Visa Bulletin

The January Visa Bulletin marks a crucial juncture for current EB-5 applicants, signifying great advancement in the processing of EB-5 applications for Indian nationals. Serving as a roadmap, the Visa Bulletin aids applicants in tracking visa processing progress and estimating potential wait times. The noteworthy jump of India’s priority date from 15 December 2018 to 1 December 2020, indicates substantial strides in visa allocation for Indian EB-5 applicants. Consequently, all applicants who submitted their petitions before 1 December 2020 now have access to available EB-5 visas, rendering them eligible for the approval of their EB-5 applications.

Prospective Indian U.S. Green Card Applicants

“The advancement of India by two years in the recently published Visa Bulletin is great news for existing Indian petitioners,” says Shahriar Zamanian, known by Shai Zamanian, legal director of The American Legal Center. With more than a decade of expertise in the EB-5 industry, The American Legal Center stands out as the leading immigration firm in the GCC region. Over the years, they have provided invaluable assistance to numerous families, guiding them through the intricate process of filing their EB-5 applications with a proven record of success. Their unparalleled experience and commitment make them a trusted partner for those embarking on the EB-5 journey.

“While the January Visa Bulletin is great news for existing Indian petitioners, prospective EB-5 applicants of Indian nationality can benefit from even shorter processing times by virtue of applying under one of the three new EB-5 visa categories called visa set asides,” Shai explains. Visa set asides are a new category of reserved EB-5 visas introduced by the Reform and Integrity Act of 2022. Indian families considering the U.S. golden visa can benefit from shorter wait times as these visa set asides remain current under the January 2024 Visa Bulletin. This means that there are visas available for issuance for all those that obtain approvals on their applications. Reports from the EB-5 industry show that petitioners under the visa set aside categories are receiving their approvals in as short as 11 months.

Prospective EB-5 applicants can also benefit from concurrent filing, allowing them to move to the U.S. immediately upon filing their EB-5 applications. Concurrent filing is a great option for international students residing in the United States on an F-1 visa or those working on an H-1B visa. These individuals can receive authorization to live, work, and travel while they are waiting for the review of their EB-5 applications. “With this option, families no longer have to wait to start their lives in the US during the adjudication process. They can file and receive their work permit and travel papers in a relatively short amount of time,” explains Shai.

Reach out to The American Legal Center

With a focus on guiding families and individuals through their EB-5 journeys, The American Legal Center stands out as the leading EB-5 consultant in the Middle East. Their team, composed of US licensed lawyers and dedicated professionals specialising in the EB-5 program, is well-prepared to assist and serve as active guides throughout the EB-5 process. If you’re interested in learning more about the EB-5 program, take the first step by contacting their team for an initial complimentary consultation.

• KT Network