EB-5 Visa Benefits for Indian Students

• Admin
• May 16, 2025
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Are you an Indian student who wishes to study in America and settle down there eventually? Then the EB-5 visa might be your golden chance. While most students opt for F-1 student visas, the advantages of an EB-5 visa extend well beyond education. Not only do you get to stay and study in the U.S., but you also set yourself on a direct road to a Green Card.

Here, I will tell you why the EB-5 visa is such an excellent choice for Indian students, how it works, what it requires, for how long you can stay there, and even possibly its downsides.

What Is the EB-5 Visa?

The EB-5 visa is an American immigration program for investors. They are permitted to invest a minimum sum (currently $800,000 in a Targeted Employment Area or $1,050,000 elsewhere) in a business in the United States. In exchange, the applicant and his or her immediate family members (spouse and unmarried children under the age of 21) may be eligible for a Green Card. For Indian students, this translates into avoiding the long queues for work visas and receiving permanent residency benefits ahead of time.

EB-5 Visa Benefits for Indian Students

Here are the main EB-5 visa benefits that make it a strong choice for Indian students:

Straight Route to Green Card

As compared to F-1 or H-1B visas, the EB-5 route takes you directly to a Green Card. So if you are wondering, can Indian students obtain a Green Card via EB-5—the answer is yes. You and your family members can become permanent U.S. residents.

Ability to Work and Live Anywhere

As a holder of a Green Card, you are not bound to any specific employer or region. This grants Indian students liberty to pursue any employment or region after graduation.

No Sponsorship Required

The EB-5 visa does not require sponsorship by the employer, in contrast to H-1B or other employment visas. You have complete command over your immigration status.

Entry into Premier Schools

With a Green Card, Indian students can be charged in-state tuition at state universities, saving them a great deal of money. And it enhances admission opportunities at elite institutions.

Work While Studying

As a permanent resident, students can work while studying legally without requesting independent work authorization.

EB-5 Visa Requirements

To qualify for the EB-5 visa benefits, you must satisfy some requirements:

Investment Amount: At least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere.

Job Creation: The investment has to create or save 10 full-time positions for U.S. employees.

Legitimate Source of Funds: You have to demonstrate the money was legally earned.

At-Risk Investment: The funds must be invested with no promises of return.

Business Involvement: You must be involved in the business (even if only as a limited partner).

It's always a good idea to seek advice from an immigration attorney to work through these EB-5 visa requirements carefully.

How Long Can I Stay on an EB-5 Visa?

If you're curious, how long can I remain on an EB-5 visa? here's the lowdown:

● Once approved, you receive a conditional Green Card with 2-year validity.

● If your investment and employment creation needs are fulfilled, you can be eligible for a permanent Green Card.

● After 5 years of continuous residence, you can apply for U.S. citizenship.

● So in effect, your presence is indefinite if everything is fulfilled and you do the right legal procedure.

EB-5 Visa Processing Time

The EB-5 visa processing period is subject to variation depending on country demand and USCIS workload. For Indians, recent changes have brought the backlog down dramatically.

Here's an approximate timeline:

I-526E Petition (Original Application): 12–24 months

Visa Interview or Adjustment of Status: 6–12 months

Get Conditional Green Card: Approximately 2–3 years total

Apply for Permanent Residency: End of the 2-year conditional period

Although the process is not immediate, it's usually quicker and safer than depending on OPT or the H-1B lottery.

What Are the Disadvantages of the EB-5 Visa?

High Investment Cost: Not every family has the $800,000–$1,050,000 investment.

Investment Risk: The investment needs to be "at risk," or there's no assured return.

Complex Paperwork: Documentation of lawful source of funds and job creation can be legally burdensome.

Processing Delays: While quicker now, some delays may still occur based on case volume.

With all that being said, for families with the means, the long-term reward tends to outweigh the risks.

Can Indian Students Get Green Cards Through EB-5?

Yes. Indian students and their families can directly acquire a conditional Green Card under the EB-5 program and move to permanent residency after completing the investment and job creation criteria. This is a huge advantage over F-1 or H-1B visas, in which students can wait years (or decades) to achieve permanent status because of visa backlogs and lottery systems.