The EB-5 investor visa is emerging as a more reliable route for Indians to secure a Green Card in the US, said Mr. Nadadur S. Kumar, Founder & Attorney at Law, The Law Offices of Nadadur S. Kumar, California. While H-1B visa holders and family-based applicants face backlogs stretching between 15 to 24 years, the EB-5 route provides a faster and more predictable option.
Kumar explained that the EB-5 program, introduced in 1990, was reshaped by the EB-5 Reform and Integrity Act of 2022, which introduced new reserved visa categories, fixed investment thresholds and added compliance safeguards. “Unless you do that comparison, you don't begin to see the actual benefits of an EB-5 contract in a crystallized way,” he said.
Why H-1B to Green Card is a longer journey
For decades, Indian students and professionals followed a common route -- study in the US, work on Optional Practical Training (OPT) or STEM OPT, and then try for the H-1B visa. Indians make up nearly 70% of H-1B visa applicants, but the lottery system gives them only a 30–31% chance of selection each year.
Those who succeed can work in the US, but the backlog for green cards stretches decades because of the 7% per-country cap.
“It takes anywhere from 15 to 24 years to get a green card through employment,” Kumar added.
Family-based immigration faces similar delays, with high demand and fixed annual numbers pushing waiting times to decades. For many families raising children in the US, these delays create uncertainty about their long-term future.
How the EB-5 investor visa works
The EB-5 program allows foreign investors to obtain permanent residency by investing in US businesses that create jobs for American citizens and eligible workers. There are two routes -- direct investment into a new commercial enterprise, or investment through a government-approved Regional Center. The minimum investment is $800,000 for projects in rural or high-unemployment areas and $1.05 million for all others.
Most applicants choose Regional Centers, which manage the projects and job creation. “95% of the people apply through regional centres,” Kumar said, indicating that direct investment requires employing at least 10 US workers, which can be difficult to sustain.
According to Kumar, the EB-5 Reform and Integrity Act of 2022 improved access for Indians in four important ways:
Investors typically recover their capital in four to six years, though the returns are low. “Be very clear that your goal is to get the money back,” Kumar added.
Understanding potential risks in the investment process
In the past, some EB-5 projects faced fraud and mismanagement. The 2022 law strengthened oversight, requiring audits and compliance checks. “Now they are guaranteed that if there is fraud, their status is protected fully,” Kumar explained. He emphasised that investors should check carefully when selecting Regional Centers, many of which have long records of success.
What the latest US visa bulletin looks like
The US Visa Bulletin for September 2025 shows EB-5 categories remain current for Indian applicants, meaning there is no backlog for now. However, the demand could rise, leading to retrogression in the future. Kumar said, “Even if there is a temporary retrogression, it is simply to allow them to act like clearing house… But I would still say EB-5 will get you a green card much sooner than any other card.”
About 1,000 EB-5 visas are allotted to Indians annually, with portions reserved for rural, targeted employment and infrastructure projects. While not all families can pool together $800,000, Kumar added that many arrange funds legally through family remittances under India’s foreign exchange rules.
Kumar explained that the EB-5 program, introduced in 1990, was reshaped by the EB-5 Reform and Integrity Act of 2022, which introduced new reserved visa categories, fixed investment thresholds and added compliance safeguards. “Unless you do that comparison, you don't begin to see the actual benefits of an EB-5 contract in a crystallized way,” he said.
Why H-1B to Green Card is a longer journey
For decades, Indian students and professionals followed a common route -- study in the US, work on Optional Practical Training (OPT) or STEM OPT, and then try for the H-1B visa. Indians make up nearly 70% of H-1B visa applicants, but the lottery system gives them only a 30–31% chance of selection each year.
Those who succeed can work in the US, but the backlog for green cards stretches decades because of the 7% per-country cap.
“It takes anywhere from 15 to 24 years to get a green card through employment,” Kumar added.
Family-based immigration faces similar delays, with high demand and fixed annual numbers pushing waiting times to decades. For many families raising children in the US, these delays create uncertainty about their long-term future.
How the EB-5 investor visa works
The EB-5 program allows foreign investors to obtain permanent residency by investing in US businesses that create jobs for American citizens and eligible workers. There are two routes -- direct investment into a new commercial enterprise, or investment through a government-approved Regional Center. The minimum investment is $800,000 for projects in rural or high-unemployment areas and $1.05 million for all others.
Most applicants choose Regional Centers, which manage the projects and job creation. “95% of the people apply through regional centres,” Kumar said, indicating that direct investment requires employing at least 10 US workers, which can be difficult to sustain.
According to Kumar, the EB-5 Reform and Integrity Act of 2022 improved access for Indians in four important ways:
- Reserved categories: Allocations for rural and infrastructure projects reduce wait times
- Locked-in investment: The $800,000 amount is fixed until 2027, providing certainty for investors
- Concurrent filing: Applicants already in the US can apply for adjustment of status, securing work permits within five months and travel authorization within six months
- Flexibility: Investors can pursue careers, launch start-ups or study while remaining passive partners in Regional Center projects
Investors typically recover their capital in four to six years, though the returns are low. “Be very clear that your goal is to get the money back,” Kumar added.
Understanding potential risks in the investment process
In the past, some EB-5 projects faced fraud and mismanagement. The 2022 law strengthened oversight, requiring audits and compliance checks. “Now they are guaranteed that if there is fraud, their status is protected fully,” Kumar explained. He emphasised that investors should check carefully when selecting Regional Centers, many of which have long records of success.
What the latest US visa bulletin looks like
The US Visa Bulletin for September 2025 shows EB-5 categories remain current for Indian applicants, meaning there is no backlog for now. However, the demand could rise, leading to retrogression in the future. Kumar said, “Even if there is a temporary retrogression, it is simply to allow them to act like clearing house… But I would still say EB-5 will get you a green card much sooner than any other card.”
About 1,000 EB-5 visas are allotted to Indians annually, with portions reserved for rural, targeted employment and infrastructure projects. While not all families can pool together $800,000, Kumar added that many arrange funds legally through family remittances under India’s foreign exchange rules.
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