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EB-5 visa programme: A pathway for Indian students to study and work in the US

July 27, 2023 / lindy

With strategic planning and expert advice, the EB-5 visa remains a compelling pathway for Indian students seeking to study and establish their careers in the United States.

By Shruti Bansal

The EB-5 visa programme, a federal immigration initiative in the United States, has emerged as an enticing opportunity for foreign investors, including Indian students seeking to pursue higher education in the country.

Established under the Immigration Act of 1990, the programme aims to attract foreign investment and promote economic growth while offering a route to lawful permanent residency and, eventually, citizenship for eligible investors.

To better understand the pathway to opportunities for Indian students in the US, India Today had a discussion with Nicholas A Mastroianni III, President and CMO of the US Immigration Fund (USIF) as it is vital for potential applicants to conduct thorough research and consider all aspects of the programme before committing to such a significant decision.

REQUIREMENTS FOR THE EB-5 VISA PROGRAMME

Investment Amount: The investor must make a minimum investment of $800,000 USD (Rs 65,513,359) in a new commercial enterprise in the US.

Job Creation: The investment must lead to the creation of at least 10 full-time jobs for qualifying US workers. This job creation requirement is essential for the investor to obtain permanent residency.

Once approved, the investor, their spouse, and unmarried children under 21 can become conditional permanent residents. After two years, they can apply to have the conditions removed and become permanent residents.

 

BENEFITS FOR INDIAN STUDENTS

The EB-5 visa programme can offer Indian students numerous benefits as they pursue higher education in the United States.

The foremost is to provide them and their families a pathway to US residency, ensuring they can remain in the country without any of the uncertainties associated with student visas.

Given that the EB-5 visa leads to a green card, students would have increased access to US public colleges and universities, and could potentially qualify for in-state tuition in some cases, significantly reducing the cost of education.

Moreover, it can provide a greater level of stability and flexibility, freeing students from many restrictions of other visa categories.

 

EMPLOYMENT PROSPECTS FOR INDIAN STUDENTS

The EB-5 visa programme can greatly improve the employment prospects for Indian students after they complete their studies in the United States.

As permanent residents, graduates would have unrestricted access to the US job market, eliminating the need for employer-sponsored work visas like the H-1B, which are subject to caps and lotteries.

Additionally, they would not be limited to working in a particular field related to their degree, offering them greater flexibility to explore diverse career paths.

Their permanent resident status could also make them more attractive to potential employers who might otherwise be hesitant to navigate the complex process of sponsoring a work visa.

LONG-TERM BENEFITS OFFERED BY EB-5 VISA TO INDIAN STUDENTS

Overall, the EB-5 visa programme can offer a strong advantage to Indian students seeking to expand their educational and career opportunities in the United States, providing a robust foundation for long-term personal and professional growth.

A critical distinction between the EB-5 programme and other immigration schemes lies in its provision of permanent residency, offering unparalleled flexibility without necessitating any form of sponsorship. It provides the bearer with an empowering freedom to navigate their career trajectory as they deem fit.

CHALLENGES FOR INDIAN STUDENTS

While the EB-5 visa programme offers an abundance of advantages, it’s essential to recognise the potential challenges. Foremost among these is the substantial financial commitment required. An investment of $800,000 USD represents a significant financial endeavor that may be daunting for many students and their families.

As with any investment, risks exist, and there’s no guaranteed return. Therefore, choosing a robust and reputable regional center is crucial to enhancing the likelihood of success for each investor.

The wait times for prospective investors have been notably reduced, with no current waiting lists in India, although a waitlist is projected for 2024.

Prior frequent regulatory changes have been stabilised with the recent reauthorisation of the programme for five years, ensuring that investment amounts will remain fixed and no sudden changes to the program will occur.

 

Read More: https://www.indiatoday.in/education-today/study-abroad/story/eb-5-visa-programme-a-pathway-for-indian-students-to-study-and-work-in-the-us-2411524-2023-07-25

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