Indian students turn to EB-5 as H-1B delays stall US Green Card dreams
A growing number of Indian students in the US are opting for the EB-5 investor visa to secure Green Cards, bypassing long waiting periods associated with the H-1B route. According to Nadadur S.
Kumar, Founder & Attorney at Law, The Law Offices of Nadadur S. Kumar, California, the EB-5 programme is emerging as a faster and more predictable path for Indians seeking permanent residency in the US.Indian students who enter the US on F-1 visas and work under Optional Practical Training (OPT) or STEM OPT have traditionally relied on the H-1B visa to stay and work in the country. However, the high demand and limited annual cap for Indian applicants under the H-1B programme have resulted in delays of up to 24 years for Green Card approval, as reported by the Economic Times.Why H-1B delays are prompting a shift to EB-5Indians represent nearly 70% of all H-1B visa applicants but have only a 30–31% chance of selection in the annual lottery. Once selected, successful H-1B holders still face significant delays due to the 7% per-country cap on employment-based Green Cards. These backlogs can stretch from 15 to 24 years, according to the Economic Times. Family-based immigration categories also experience similar delays, which create long-term uncertainty for individuals and families living in the US.
This has led many Indian students and professionals to explore alternatives like the EB-5 investor visa, which offers a more streamlined process. The programme allows foreign investors to apply for a Green Card by investing in US businesses that generate employment.How the EB-5 programme worksThe EB-5 visa programme was introduced in 1990 and later revised under the EB-5 Reform and Integrity Act of 2022. As per details, the programme allows applicants to choose between two investment routes — a direct investment in a new commercial enterprise or an investment through a government-authorised Regional Center.Applicants must invest a minimum of $800,000 in projects located in rural or high-unemployment areas, or $1.05 million in other areas. Regional Centers, which manage the projects and job creation requirements, are preferred by 95% of applicants, according to the Economic Times.The EB-5 Reform and Integrity Act introduced several benefits for Indian applicants, including reserved visa categories for rural and infrastructure projects, fixed investment thresholds until 2027, and the ability to concurrently file for adjustment of status.
As per the Economic Times, concurrent filing enables applicants already in the US to receive work permits within five months and travel authorisation within six months.Visa availability and capital recovery timelineThe US Visa Bulletin for September 2025 shows that EB-5 visa categories remain current for Indian applicants. This indicates no waiting period at present. However, according to the Economic Times, demand may rise, potentially leading to retrogression.
Despite this, Kumar stated that the EB-5 pathway would still offer faster results than other immigration options.Investors typically recover their capital within four to six years. Although returns are generally low, the focus remains on securing permanent residency. “Be very clear that your goal is to get the money back,” Kumar was quoted as saying by the Economic Times.Compliance safeguards and fraud protectionThe 2022 law also introduced stricter compliance measures to protect investors from fraud.
It requires regular audits and monitoring of Regional Centers. As reported by the Economic Times, Kumar stated that under the new framework, applicants are protected even in the event of fraud, provided all regulatory guidelines are followed.Many Indian families are legally arranging the required investment amount through remittances under India’s foreign exchange rules, according to the Economic Times. About 1,000 EB-5 visas are allotted to Indian nationals annually, with a portion reserved for targeted categories such as rural and infrastructure projects.