Indian Immigrants Find New Pathways to U.S. Residency Through EB-5 Program and Set-Aside Visas

The ideals of “life, liberty, and the pursuit of happiness,” rooted in the Declaration of Independence, have long inspired people worldwide to seek out America. This promise, extended since 1776, drew 56,000 individuals of Indian descent to U.S. citizenship in 2023 alone, embodying the values outlined by the founding fathers as transcending race, ethnicity, or creed. Indians find numerous opportunities in the U.S. and often feel they’ve made a life-changing decision by immigrating. The growing representation of Indians in high-ranking roles in major U.S. corporations underscores this, leading to jokes in corporate circles: “Can we ever have a CEO who’s not of Indian origin?”

Pathways for Indians to Immigrate to the U.S.

Indian immigration to the United States remains steady, with professionals frequently arriving on H1B visas, the preferred route for skilled workers. Every year, the U.S. issues 65,000 H1B visas, with Indians receiving the majority—72.3% in 2023 alone. Many H1B holders hope to secure green cards, which grant them unrestricted work options and the ability to travel freely. However, wait times for green cards can be extensive, binding visa holders to specific employers and limiting travel options for extended periods, often stretching years or even decades.

To circumvent these delays, some Indian immigrants are exploring alternative visa routes, particularly the EB-5 investor visa. In contrast to the H1B, the EB-5 visa directly connects to permanent residency, offering an expedited track to a green card. The EB-5 Reform and Integrity Act (RIA) of 2022 further bolstered this pathway by introducing Set-Aside visa categories, speeding up the process for those willing to invest in the U.S. economy.

The Appeal of Set-Aside Visas

The EB-5 program’s reform under the RIA established three Set-Aside visa categories: 20% for rural investments, 10% for high-unemployment areas, and 2% for infrastructure projects. This structure not only provides prioritized processing for rural Targeted Employment Areas (TEAs) but also streamlines access for investors, ensuring faster approvals. Such a system reduces the uncertainty and tension of prolonged waits, making immigration more predictable for investors.

An added benefit of Set-Aside visas is the reduced capital requirement. Rural and urban TEA investments require only $800,000, compared to the standard $1,050,000. This lowered financial threshold opens doors for a more extensive pool of Indian investors who, along with their families, see Set-Aside visas as a strategic avenue for U.S. residency. These revisions in the EB-5 program reflect an effort to provide faster, more accessible options for investors, thereby supporting U.S. economic growth and personal security for immigrant families.

EB-5 Set-Aside Visas Address Visa Backlogs

One of the pressing issues in U.S. immigration today is the backlog affecting over a million Indians, including family members, awaiting professional visas. Extended wait times for green cards create significant difficulties, from travel restrictions to educational limitations for their children. Some states charge higher tuition for students whose parents are on temporary professional visas. By contrast, the EB-5 Set-Aside visa can offer a more efficient route to green card acquisition, easing the hardships associated with these lengthy delays.

The EB-5 visa’s unique framework also allows investors to pool resources through regional centers, which are responsible for safeguarding the principal capital. These centers allocate pooled funds toward projects that meet the EB-5 program’s requirement to create at least 10 jobs for U.S. citizens. This model assures investors of both financial protection and contributions to the U.S. job market, reflecting the program’s dual commitment to economic development and immigrant security.

For Indian entrepreneurs, the EB-5 visa also brings invaluable freedom—liberating them from employer dependency and empowering them to pursue their business ambitions. With the flexibility to start new ventures, immigrant investors can generate employment opportunities for themselves and others. This autonomy to engage in entrepreneurship is a critical draw for many, aligning their professional goals with long-term residence in the U.S.

Success Stories in EB-5 Ventures

The EB-5 program has funded numerous successful projects nationwide, including the Saltaire St. Petersburg in Florida and Kindred Resort at Keystone in Colorado. These ventures not only protected investors’ principal capital but also met the employment criteria needed to qualify for green cards. “Such projects exemplify the American Dream,” say proponents of the program, demonstrating the dual benefits of economic gain and residency security.

These investments allow immigrants to secure residency for their families, offering children the advantage of in-state tuition in many cases and providing the stability needed for family growth. These EB-5 success stories emphasize the tangible, life-changing benefits of this program, showing its power as a tool for personal advancement and economic contribution.

Conclusion: Weighing Pathways to U.S. Residency

Navigating the U.S. immigration system can be complex, but options like the EB-5 Investor Program, especially after the EB-5 Reform and Integrity Act of 2022, are simplifying the process for immigrant investors. The streamlined approach offered by the EB-5 Set-Aside visas provides greater control and stability, making it an appealing alternative for those looking to establish a lasting presence in the United States.

As immigrants assess their options, balancing the benefits and challenges of each pathway is essential. The EB-5 program stands out, blending opportunity, security, and flexibility for those prepared to invest in a prosperous future in America.