Every year, thousands of students from India travel to the United States for higher education, often with the dream of eventually living in the U.S. However, after graduation, most students face challenges when they try to stay in the U.S., especially when they want to move from a student visa to a work visa.

Thankfully, the EB-5 Immigrant Investor Program offers another way, as it provides a more stable path to U.S. residency for Indian students and their families. Moreover, they do not have to deal with long wait times and the restrictions of job sponsorships.

This article explains how the EB-5 program works and how it can help Indian students to seamlessly transition to Green Card holders.

About the EB-5 Program

The U.S. government created the EB-5 Immigrant Investor Program in 1990 to support the economy by creating jobs through foreign investment. As such, it allows people from other countries to invest in U.S. businesses and apply for Green Cards. To qualify, investors, including Indian students, must:

• Invest a minimum of $800,000 in a business located in a targeted employment area (TEA), which includes rural or high-unemployment areas. If the business is outside a TEA, the investment is $1,050,000.
• Create at least 10 full-time jobs for U.S. workers.
• Prove that the investment funds came from legal sources such as salaries, business income, property sales, or gifts.

Shortcomings of the F-1 Visa

Most Indian students use an F-1 visa to study in the U.S. through full-time academic programs. While it supports education, it limits your ability to stay in the U.S. after graduation because of the following shortcomings:

Difficult Transition to Employment Visas

After graduation, F-1 students can apply for Optional Practical Training (OPT) to work for up to 12 months (or 36 months for STEM fields). Then, once OPT ends, you must move to a new visa category, usually the H-1B work visa. However, the H-1B option has strict limits, such as:

• A cap on the number of visas given each year.
• Most applicants entering a lottery where many end up not selected.
• The visa being tied to your employer, which reduces job flexibility.
• H-1B status lasting only six years.

For Indian nationals, Green Card wait times under the employment categories can last 10 years or more. During this time, you must stay employed, avoid gaps in status, and deal with frequent renewals.

Risk of Aging Out

If a parent applies for a Green Card through work, their child may lose eligibility as a dependent at age 21. This is called aging out. After this, the child must apply for their own visa, such as an F-1 or an H-1B, with no guarantee of approval.

How the EB-5 Program Helps Indian Students

The challenges of the F-1 visa make it hard for Indian students to build a stable life in the U.S. after graduation. Thankfully, the EB-5 program offers a direct and more reliable path to permanent residency for them and their families because of the following reasons:

1. Includes the Whole Family

One EB-5 investment can support the Green Card applications of the main investor, their spouse, and all unmarried children under 21. This allows families to stay and plan for the future together.

2. No Long Waits

Unlike the H-1B visa, the EB-5 program does not use a lottery. It also avoids the long Green Card wait times that Indian nationals face in other categories. Once your investment meets all requirements, you and your family can move forward with the Green Card process.

3. Gives Career Flexibility

Students with Green Cards do not need employer sponsorship. They can work for any company, start a business, and even take unpaid internships without risking their immigration status. This gives students more freedom to choose the best path for their careers.

4. Improves Access to Education

Green Card holders qualify as domestic students, which can significantly reduce tuition costs at public universities and colleges. They also become eligible for financial aid and scholarships that are usually unavailable to international students. In addition, permanent residents often have a higher chance of being admitted to competitive graduate programs.

5. Reduces Stress

Students on F-1 or H-1B visas often face stress from changing rules, job loss, or visa renewals. Luckily, the EB-5 Green Card provides stable legal status and removes these worries.

6. Expands Healthcare Options

As an EB-5 Green Card holder, you gain full access to the U.S. healthcare system. You can choose from a wider range of affordable and comprehensive insurance plans, which often offer better coverage and services than the limited plans available to students on temporary visas.

Steps to Apply for an EB-5 Visa

Applying for an EB-5 visa requires careful planning, accurate documentation, and guidance from experienced professionals. You should understand the full process before starting, so you can meet all requirements and avoid delays. Below is an outline of how it works from start to finish:

1. Choose an Investment Project

You can either invest directly in a new commercial enterprise (NCE) or invest in a project run by a USCIS-approved regional center. The overwhelming majority of all EB-5 applicants choose regional centers because they handle business operations, meet EB-5 rules, and reduce your involvement. Also, regional center projects are typically located in rural or high-unemployment areas to qualify for the $800,000 investment level.

2. Prove Legal Source of Funds

You must show that the money used for your investment came from a legal source. This includes salary or business profits, sale of property or assets, and inheritance or gifts. The USCIS requires clear legal records such as tax documents, bank statements, and contracts to prove all these.

3. File the EB-5 Petition

After making the investment, you must file Form I-526E, which shows the project details and source of funds. If USCIS approves this petition, you and your family can move forward with the Green Card process.

4. Apply for a Green Card

Once Form I-526E is approved, you can file Form I-485 to adjust your status if you are in the U.S. Eligible applicants can also file these two forms concurrently to save time. If you are outside the U.S., you can apply for your permanent residency through consular processing. Upon approval, applicants receive a conditional Green Card that is valid for two years.

5. Remove Conditions After Two Years

To become permanent residents, you must file Form I-829 90 days before the two-year Green Card expires. This document shows that your investment stayed in place and created 10 jobs. If approved, you receive a permanent Green Card with no conditions.

How F-1 Students Can Access Green Card Benefits Within Weeks

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced concurrent filing, a helpful option for applicants already in the U.S. on valid visas, such as international students on F-1. This provision allows you to file your EB-5 petition (Form I-526E) and adjustment of status (Form I-485) at the same time.

Once you file Form I-485, you can stay in the U.S. legally under “pending adjustment” status, even before your EB-5 petition is approved. You can also apply for:

• Employment authorization document (EAD), which is a permit to work legally in the U.S.
• Advance parole (AP), which allows you to travel outside and re-enter the U.S.

These permits can be approved in 30 to 90 days, giving you the ability to study, work, and travel without the restrictions of the F-1 visa while you wait for your Green Card approval. For Indian students, concurrent filing makes it possible to unlock key Green Card benefits within weeks of filing, offering a major advantage over other immigration paths.

Sourcing Funds for Your EB-5 Investment

Gathering funds for the EB-5 investment can be a significant task for Indian students and their families. However, with proper planning and the right professional support, it is possible to mix sources of funds like:

• Income from your employment or personal savings.
• Profits from a business owned by you or your family.
• Funds from selling real estate, such as land, apartments, or inherited property.
• Gifts from family members, such as parents or relatives.
• Loans secured by personal assets.

Special Considerations for Indian Students

Due to India’s foreign remittance limit of $250,000 per financial year under the Reserve Bank of India (RBI) guidelines, Indian investors often use partial investments to begin the EB-5 process. This allows families to stay within legal remittance limits while progressing toward the required $800,000 investment.

A qualified EB-5 immigration attorney plays a key role in this process. You should work with a lawyer who understands both U.S. immigration law and Indian financial regulations. They will help gather and prepare the necessary documentation and guide you through compliance and U.S. tax considerations.

Why Indian Students Must Apply for EB-5 Without Delay

As an Indian student, you should consider applying for the EB-5 visa as early as possible. While this advice applies to all applicants, it is especially urgent for Indian nationals for the following reasons:

Benefit From Concurrent Filing

The concurrent filing option is only available for U.S.-residing Indian nationals when visa categories are “current”, meaning there are no backlogs. Thanks to the RIA, new reserved set-aside visa categories were created to avoid existing backlogs in the unreserved EB-5 category. These reserved categories are still current for Indian applicants, but this may change soon.

The U.S. Department of State signaled in its January 2025 bulletin that it may soon impose cut-off dates for these set-aside categories to avoid exceeding visa limits. Once a cut-off date is established, applicants will lose the ability to file concurrently.

Beat Future Backlogs

According to the latest Visa Bulletin, the unreserved EB-5 category for Indian applicants remains retrogressed, with the final action date of May 1, 2019. This means that Indian investors with priority dates after this cutoff are facing significant delays.

Although the RIA-created reserved categories provide temporary relief, rising demand is expected to create new backlogs in those categories as well. This is especially true in the high-unemployment TEA category, which is already attracting high volumes of applications. Starting the EB-5 process now helps secure a better priority date and place in line before delays begin.

EB5AN Can Help You Transition to Permanent Residency

The EB-5 program is one of the fastest and most dependable ways Indian students can become U.S. permanent residents. By avoiding the problems of student and work visas, you can stay in the U.S., build your career, and plan for the future.

Since the EB-5 process involves many steps, it is best to work with experienced EB-5 professionals to ensure a smooth journey. At EB5AN, we support Indian families through every step of this journey. Our expert team has helped more than 2,700 families from 70+ countries become lawful permanent residents of the U.S.

Feel free to book a one-on-one call with us today to learn how we can do the same for you.