The EB-5 visa program allows NRI investors to obtain US permanent residency through investments starting at $800,000 in 2025. This guide covers requirements, process, costs, and benefits for investment immigration.
The EB-5 is a US investment visa program that allows foreign nationals to obtain green cards by investing in American businesses that create jobs. You need to invest $800,000 if you choose a project in a Targeted Employment Area (TEA), or $1,050,000 for projects in other locations. You will also need to budget for legal and administrative fees, which typically add another $75,000 to $100,000 to your total investment.
There are important limitations you should consider. The EB-5 program has an annual cap of 10,000 visas worldwide, with each country limited to 700 visas per year. For Indian investors specifically, this has created a significant backlog as of April 2025, only applications filed before November 1, 2019, are currently being processed.
What Is the EB-5 Visa?
The EB-5 visa is an employment-based immigrant visa program created by Congress in 1990 to stimulate the U.S. economy through job creation and foreign capital investment. This program offers you and your family a clear path to obtaining lawful permanent residence in the United States, commonly known as getting a green card.
The program gets its name from being the fifth preference category in the employment-based visa classification system. Foreign investors can secure permanent residency by making a qualifying investment in a U.S. business and creating jobs for American workers.
The minimum investment required is $1,050,000 for standard projects. This amount reduces to $800,000 if you invest in a Targeted Employment Area (TEA), which includes rural areas or locations with high unemployment rates.
Your investment must create at least 10 full-time jobs for qualified U.S. workers within two years. This job creation requirement forms the core of the program's purpose.
EB-5 Visa Requirements For NRI Investors
As an NRI, you must meet several key requirements that demonstrate your commitment to investing in the American economy and creating jobs.
Investment Amount Requirements
You need to invest the required capital amount. For investments made on or after March 15, 2022, this means contributing $1,050,000 in standard areas or $800,000 in a Targeted Employment Area (TEA). TEAs include rural regions or areas with high unemployment rates (at least 150% of the national average).
Job Creation Requirements
Your investment must create at least 10 full-time jobs for qualified U.S. workers within two years. These positions must require a minimum of 35 hours per week and be filled by U.S. citizens, permanent residents, or authorized immigrants, not by you or your family members.
Business Structure Requirements
You'll need to invest in a "qualifying new commercial enterprise", essentially any for-profit business established after November 29, 1990. This could include various structures such as corporations, partnerships, or LLCs.
Source of Funds Requirements
You must prove the lawful source of your investment funds. This verification process is rigorous, requiring documentation of your income sources and investment capital.
Investment Duration Requirements
You must maintain your investment for at least two years. Once approved, this pathway allows your spouse and unmarried children under 21 to obtain green cards alongside you.
EB-5 Visa Process: Step-by-Step for NRIs
The EB-5 visa process requires careful planning and patience. The entire process from initial investment to permanent green card typically spans 6 to 7 years, though key benefits may arrive much sooner.
Step 1: Consult an Immigration Attorney
You need to consult with an immigration attorney who specializes in EB-5 applications. They will help verify your source of funds, a critical step for NRI investors. This documentation phase usually takes 6-12 weeks as you gather financial records proving your investment capital came from legitimate sources.
Step 2: Select Your Investment and File Petition
Once your documentation is ready, select an EB-5 project and transfer your investment funds (minimum $800,000 for TEA projects). Your attorney will then prepare and file your I-526E petition with USCIS.
Step 3: Choose Your Processing Path
Your path depends on your current location:
- If you are already in the US on a valid visa (like F-1 or H-1B), you can file for adjustment of status concurrently with your I-526E petition. This grants you work authorization and travel permits within approximately 3-4 months, long before green card approval.
- If you are outside the US, you will undergo consular processing after I-526E approval, which includes a DS-260 application and interview at a US consulate in India.
Step 4: Obtain Conditional Green Card and Remove Conditions
Upon approval, you will receive a two-year conditional green card. Within 90 days before it expires, you must file Form I-829 to remove conditions and obtain permanent residency.
To understand your options for building a startup in the U.S., check out our comprehensive guide on the US Startup Visa for entrepreneurs
EB-5 Visa Costs for NRI Investors
You need to understand the complete financial commitment of the EB-5 visa program beyond the core investment amount. The total costs include several additional expenses throughout your application process.
The primary investment requirement is $800,000 for projects in Targeted Employment Areas (TEAs) or $1,050,000 for standard projects. This capital must remain at risk throughout your conditional residency period.
You will also pay substantial administrative and legal costs. The filing fees are $3,675 for Form I-526E and $3,750 for Form I-829 to remove conditions on your green card. Legal representation typically costs between $25,000 to $75,000.
Regional Center investments include administrative fees ranging from $50,000 to $70,000.
These fees cover project management, compliance reporting, and operational expenses.
Additional costs you should budget for include:
- Due diligence costs: $5,000-$15,000
- Translation of documents: $1,000-$3,000
- Medical examinations: $500-$1,000 per family member
- Travel expenses for consular interviews
The true cost of an EB-5 visa extends well beyond the primary investment. Most NRI investors should budget approximately $900,000 to $1.2 million for the entire process.
To understand your options for building a startup in the U.S., check out our comprehensive guide on the US Startup Visa for entrepreneurs
Benefits of EB-5 Visa for Indian/NRI Investors
The EB-5 visa program offers unique advantages for Indian and NRI investors compared to other immigration options.
The key benefits include:
- No Employment Restrictions: The EB-5 route bypasses the lengthy H1-B lottery system. You don't need work experience, language proficiency, or age restrictions, only the qualifying investment.
- Family Inclusion: Your spouse and unmarried children under 21 can obtain green cards through a single application. Once approved, everyone can live and work anywhere in the United States without employer sponsorship.
- Educational Advantages: Your children qualify for in-state tuition rates at public universities, saving 50-75% on fees. They avoid F-1 visa restrictions and gain unrestricted access to career opportunities without OPT limitations.
- Faster Work Authorization: If you're already in the US on another visa, you can typically receive work authorization and travel permits within 2-6 months of filing. This protection ensures you maintain legal status even if your employment ends.
- Path to Citizenship: After approximately five years with your conditional green card, you become eligible for US citizenship. This offers lifetime security and global mobility for you and your family.
Regional Center vs Direct EB-5: What's Better for NRI Investors?
You will face a fundamental decision when choosing your EB-5 investment path: Regional Center or Direct investment. Each option offers distinct advantages based on your goals and circumstances as an NRI investor.
Regional Center Investments
Regional Center investments appeal to passive investors. You can count both direct and indirect jobs toward your 10-job requirement, making it easier to satisfy this condition. You will have minimal day-to-day management responsibilities, allowing you to live anywhere in the US while your investment operates.
These pre-approved projects undergo USCIS scrutiny and handle documentation and job creation verification on your behalf. Regional Center investments typically include administrative fees ranging from $50,000 to $70,000 beyond your capital contribution.
Direct EB-5 Investments
Direct EB-5 investments require more hands-on involvement. You need to create 10 direct, W-2 employee positions and actively participate in business operations or management. This path demands more time and expertise but offers greater control over your investment and potentially higher returns.
Direct investments avoid administrative fees but require substantial business knowledge and personal oversight.
Which Option is Right for NRIs?
Regional Center investments may suit you if:
- You prefer a passive investment approach
- You lack entrepreneurial experience in America
- You want to live anywhere in the US without managing daily operations
- You are comfortable with additional administrative fees
Direct EB-5 investments may be ideal if:
- You have business management experience
- You want greater control over your investment
- You prefer to avoid additional administrative fees
- You are willing to actively participate in business operations
For most NRIs, especially those without entrepreneurial experience in America, Regional Center investments often present the smoother path.
Conclusion
The EB-5 program offers NRI investors a direct path to US permanent residency through qualifying investments starting at $800,000 in TEAs. It provides family inclusion, educational benefits, work flexibility, and a route to citizenship despite backlogs for Indians.
Consult qualified immigration attorneys, conduct thorough due diligence on projects, and choose between Regional Center or Direct paths based on your experience for the best chance of success.
Frequently Asked Questions
Q1. What is the minimum investment required for an EB-5 visa in 2025?
The minimum investment for an EB-5 visa in 2025 is $800,000 for projects in Targeted Employment Areas (TEAs) or $1,050,000 for standard projects.
Q2. How long does the EB-5 visa process typically take?
The entire EB-5 process, from initial investment to obtaining a permanent green card, usually takes about 6 to 7 years. However, certain benefits may be available sooner, especially for those already in the U.S.
Q3. What are the main benefits of the EB-5 visa for Indian/NRI investors?
Key benefits include bypassing the H1-B lottery system, green cards for family members, access to in-state tuition rates, and the ability to live and work anywhere in the U.S. without employer sponsorship.
Q4. What's the difference between Regional Center and Direct EB-5 investments?
Regional Center investments are more passive and allow for indirect job creation, while Direct EB-5 investments require more hands-on involvement and direct job creation. Regional Centers often suit investors seeking less day-to-day management.
Q5. Are there any risks associated with the EB-5 visa program?
Yes, risks include the possibility of losing the investment capital, opportunity costs, and potential visa status complications if the EB-5 application is rejected. It's important to carefully consider these factors and seek professional advice.
