The recent executive order by US President Donald Trump to end birthright citizenship has sparked significant apprehension among immigrant communities, including a large number of Indians residing in the US on temporary visas such as H-1B and F-1. The policy shift has the potential to upend the plans of many families who were relying on their US-born children automatically gaining citizenship.
Trump’s policy seeks to eliminate the legal right to citizenship for children born in the US to non-citizen parents, irrespective of their visa or residency status. While a federal judge has temporarily blocked the executive order, the uncertainty surrounding US immigration policies has prompted many Indians to explore alternative paths to secure their future in America.
One of the most viable options gaining traction is the EB-5 Immigrant Investor Program, which provides a direct route to US permanent residency for investors and their families.
What is the EB-5 Visa program?
The EB-5 Visa Program allows foreign investors to obtain a US Green Card by making a minimum investment of $800,000 in a government-approved project, typically in rural or high-unemployment areas. This investment must lead to the creation of at least 10 American jobs. Successful applicants, along with their immediate family members, gain the right to live, work, and study in the US as permanent residents.
Why the sudden surge in EB-5 interest among Indians?
Experts predict a sharp rise in EB-5 applicants from Indian nationals, particularly those on H-1B work visas or with children on F-1 student visas.
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H-1B visa holders: the policy change adds a layer of uncertainty to an already long wait for Green Cards under employment-based visas. Many H-1B holders are now looking at the EB-5 programs as a faster, more reliable route to permanent residency.
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Parents of F-1 visa students: families of Indian students studying in the US are increasingly prioritizing the EB-5 programs to ensure a stable future for their children, given the uncertainties in immigration laws.
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Concurrent filing advantage: A 2022 legislative update allowing EB-5 applicants to file adjustment of status concurrently with their visa application has further incentives for those on temporary visas to act swiftly.
Taking into account the decades-long Green Card backlog for employment-based visa holders, the EB-5 visa is emerging as a premier solution for Indians seeking certainty about their future in America,” said Parth Vakil, Founding Partner of EK indUS, an investment migration consultancy.
Eligibility criteria for the EB-5 program
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Minimum investment: $800,000in targeted employment arrears (rural high-unemployment zones) or $1,050,000 in non-targeted areas.
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Job creation: the investment must create at least 10 full-time jobs for US workers.
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Investment through regional centers: investors can channel their funds through government-designated regional centers, simplifying the process and increasing the likelihood of success.
Benefits for Indian applicants
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Path to citizenship: EB-5 Green Card holders can apply for US citizenship after five years of permanent residency.
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Education and employment opportunities: children of EB-5 visa holders can access public schools, universities, and job markets without the restrictions of F-1 or H-4 visas.
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Freedom of moment: permanent residency allows investors and their families to live anywhere in the US.
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Freedom of Movement: Permanent residency allows investors and their families to live anywhere in the US.
Challenges and considerations
The potential surge in demand could lead to faster filing of slots in regional centers, especially under the “rural” classification of EB-5 projects. Experts advise interested applicants to act quickly.
Additionally, while the EB-5 program offers significant advantages, the high investment threshold is not feasible for all families.
Implications beyond immigration
The ban on birthright citizenship could also influence broader trends among Indians in the US. Some families might consider returning to India or investing in NRI properties back home. The model of earning abroad but eventually setting in India could resonate more strongly due to these policy changes,” noted Rishi Tiwari Chief Business officer at Square Yards.
As Trump’s controversial immigration policies reshape the landscape, the EB-5 program stands out as a beacon of opportunity for Indians seeking stability and scrutiny in the us. However, with slots filling up quickly and potential legal challenges to the birthright citizenship ban ongoing, time is of the essence for those considering this route.