For more than a decade, India has been a leading force in the EB-5 market, along with other high-demand nations such as China and Vietnam.

Yet, with high demand comes extended waiting periods, and this has long applied to India, as well. Backlogs, compounded by the pandemic era and the temporary lapse of the EB-5 Regional Center program, have further affected the EB-5 visa processing times for Indian applicants.

Fortunately, the EB-5 Reform and Integrity Act of 2022 (RIA) not only brought the EB-5 Regional Center Program back in full force but also opened up pathways that significantly reduce wait times for applicants from India. For details of how the RIA impacts their specific EB-5 processes, foreign nationals are advised to seek guidance from an experienced immigration attorney.

In this article, we will outline the EB-5 processing times for Indian applicants, and provide interested investors with a detailed guide on the steps involved.

Timeline for Indian Applicants to Secure an EB-5 Visa

Navigating the EB-5 investment journey can be a long-term commitment, especially for citizens of backlogged countries who filed their applications prior to the RIA. For new applicants, the United States Citizenship and Immigration Services (USCIS) offers average processing timelines on its website, but these should not be seen as precise guarantees of how long applicants will wait.

Given the ever-changing variables that affect processing times, coupled with the specifics of each immigration case, it’s difficult to pinpoint exact durations. However, the approximate timelines provided below can serve as a useful guide for Indian investors to estimate their wait times.

Filing the Application

Form I-526/I-526E marks the beginning of the EB-5 visa application, aiming to show that the investor complies with USCIS standards. Direct investors submit Form I-526, Immigrant Petition by Standalone Investor. Meanwhile, regional center investors file Form I-526E, Immigrant Petition by Regional Center Investor.

There are certain processes before the approval of I-526/I-5326E petitions. If there is incomplete or inconsistent information in the immigrant visa petition, USCIS will seek further clarification through a request for evidence (RFE).

An RFE, while not a denial, delays the investor’s EB-5 process. To minimize the risk of RFEs, it’s crucial for investors to provide comprehensive documentation with their I-526 or I-526E petition, carefully arranging the data as required.

Given the unique nature of each EB-5 investment, the documentation needed for every I-526 and I-526E petition varies. The preparation of this EB-5 visa application can take anywhere from weeks to months, depending on the specific details of the investor’s situation.

Priority Dates

In some cases, the demand for EB-5 visas from certain countries exceeds the available visa numbers. Under these circumstances, applicants’ progression in the EB-5 process depends on their priority date, which is the date their I-526 petition was received by USCIS.

Investors whose priority date is later than the cut-off date are required to wait until their priority date becomes “current.” Once a cut-off date becomes current, it means that EB-5 applicants from that country are eligible to advance in the immigration visa process, irrespective of their priority date.

There are two categories of cut-off dates: “dates for filing,” which determine when investors can submit their visa applications to the National Visa Center (NVC), and “final action dates,” which dictate when visas can be issued to them.

Investment Options and TEAs

The choice of investment pathway by an EB-5 applicant can affect the timeline of their application process. EB-5 investments are primarily divided into direct investments and those made through regional centers.

These investments are further divided into Targeted Employment Area (TEA) projects or non-TEA projects. TEAs are defined as areas in need of economic development and job creation. There are two types of TEAs: rural TEAs and high unemployment areas.

Rural TEAs are characterized by a population of fewer than 20,000 people; are not next to cities with populations exceeding 20,000; and lie outside metropolitan statistical areas (MSAs).

For an area to be considered a high-unemployment TEA, it must show an unemployment rate that is at least 150% above the national average. Some infrastructure projects are also eligible to offer similar benefits to TEAs, irrespective of the location.

Aside from a reduced investment threshold of $800,000 as opposed to $1,050,000 in non-TEA projects, investors in rural TEA projects benefit from expedited processing for their I-526 petitions from USCIS, a factor that is particularly appealing to investors from backlogged countries like India.

This means that choosing a rural TEA project can translate into wait times of under one year for Indian EB-5 investors.

History of EB-5 Visa Processing Times for Indian Applicants

The EB-5 processing times for Indian investors are now faster than they have ever been, in the case of rural TEA investors.

Though Indian applicants have faced backlogs and delays across different periods of time, 2020 was an especially challenging year due to the pandemic-related closure of USCIS offices and the cancellation of all visa appointments, which delayed the EB-5 process for numerous investors. Furthermore, the suspension of routine visa services by U.S. consulates and embassies abroad meant that investors were unable to attend visa interviews.

The lapse of the EB-5 Regional Center Program in June 2021 also put many I-526 petitions on hold and stopped potential investors from submitting new applications.

In 2022, with the EB-5 Reform and Integrity Act, these obstacles were overcome, with added benefits for Indian EB-5 investors who apply under the EB-5 set-aside reserved categories, with currently no backlogs.

A Detailed Guide to Steps and Timelines for Indian EB-5 Applicants

As briefly mentioned above, the EB-5 process begins with the filing of Form I-526/I-526E, where the applicant must prove compliance with all USCIS regulations. Following the approval of their petitions, investors proceed with either Form DS-260 or Form I-485, depending on their location. Once EB-5 investors obtain their conditional green cards, they can benefit from residency privileges in the U.S., and after maintaining this status for two years, they are eligible to remove conditions on their green cards and become permanent residents. You can read more about the details of this process below.

Understanding the I-526/I-526E Petition Process

Once an EB-5 investor’s I-526/I-526E petition is approved, the applicant is granted conditional residency for two years in the U.S., setting the stage for eligibility for a permanent green card and eventual citizenship.

The processing times for I-526 and I-526E petitions vary, depending on application volume and visa availability. An increase in Form I-526 and I-526E filings also increases the number of individuals eligible for a visa, potentially causing backlogs and extended waiting periods.

Factors such as the case’s complexity and the specific service center processing the application also affect the timeline.

The current application fee for Form I-526 is $3,675, but this amount is prone to change, with a significant fee increase to take effect on April 1, 2024. Investors should consult the USCIS website for the latest fee information before submitting their application.

Navigating Forms DS-260 and I-485

Following the approval of the I-526 or I-526E petition, EB-5 visa applicants outside the United States must go through consular processing and submit Form DS-260, Immigrant Visa and Alien Registration Application.

This application is presented to the U.S. consulate or embassy in the investor’s country of residence and forwarded to the National Visa Center.

Upon approval, the applicant is granted conditional permanent resident status in the U.S. The duration for consular processing can depend on the specific consulate or embassy, but generally takes between 3 to 12 months.

For EB-5 investors residing within the U.S., the procedure differs slightly. Instead of DS-260, these investors submit Form I-485 for adjustment of status.

It’s possible to file Form I-485 at the same time as Form I-526, known as concurrent filing. Concurrent filing allows the applicant to legally reside and work in the U.S., as well as apply for a travel permit, even before obtaining the EB-5 visa.

The application process includes a filing fee of $1,140 for Form I-485 and a biometrics fee of $85, though the USCIS fee hike of April 1, 2024, brings these numbers up to a total of $1,440.

Unlike the DS-260, Form I-485 is processed by USCIS for adjustment of status and is not sent to the National Visa Center.

Filing the I-829 Petition

Form I-829 represents the final step for EB-5 visa applicants, filed after concluding their two-year period of conditional residency. This petition is a declaration to USCIS that the investor has fulfilled all prerequisites of the EB-5 program.

Approval of the I-829 petition lifts the conditions on the investor’s residency, granting the investor, their spouse, and any unmarried children under 21 the right to permanent residency in the United States.

Investors must file their I-829 petition within the final 90 days of their conditional residency.

It’s advised to start the preparation process well in advance to ensure that USCIS receives the petition within this critical 90-day window, as failure to do so may risk the investor’s opportunity for permanent residency.

As of February 2024, the wait time announced on the USCIS website for this form is approximately 66 months. While the I-829 petition is under review by USCIS, the investor’s conditional residency status is extended beyond their green card’s expiration date.

The application fee for Form I-829 currently stands at $3,750 with an additional biometrics fee of $85. With the April 1 fee increase, this number jumps to $9,525.

Insights for Indian EB-5 Investors

The U.S. Department of State (DOS) publishes a Visa Bulletin every month, which provides cut-off dates via a final action dates chart and a dates for filing chart.

According to the Visa Bulletin for March 2024, the final action date for Indian applicants under the unreserved categories is December 1, 2020.

However, the EB-5 reserved categories for rural, high-unemployment and government infrastructure categories remain “current” for all countries, including India and China, meaning that there are no backlogs in these categories.

Indian citizens interested in applying for the EB-5 program are encouraged to book a call with EB5AN to learn more about their options.