The United States has long been a dream destination for students across the globe, particularly from India, seeking quality higher education and the promise of a bright future. However, the path to studying in the US is fraught with challenges, especially for those applying for the F-1 student visa. With increasing rates of visa rejections, stringent work restrictions, and uncertain post-graduation prospects, many students find themselves at a crossroads.

In this context, the EB-5 visa emerges as a compelling alternative, offering a more secure and stable pathway to permanent residency in the US

Nicholas A Mastroianni III, President and CMO, USIF (US Immigration Fund) has shared some insights on this.

CHALLENGES FACED BY INDIAN STUDENTS WITH THE F-1 VISA

1. High Risk of visa denial

• Subjective criteria: The F-1 visa application process is rigorous, with a significant portion of applicants being denied. The reasons for denial often include insufficient ties to the home country, inadequate financial resources, or doubts about the student’s intent to return home after completing their studies. The interview process is highly subjective, with consular officers making decisions based on their interpretation of the applicant’s intentions.
• Impact of Rejection: A visa denial can be a significant setback, causing delays in academic plans, financial strain, and emotional distress. It also affects future attempts to apply for any type of US visa, as a previous denial may raise red flags in the system.

2. Limited work opportunities

• On-campus employment: F-1 visa holders face strict limitations when it comes to employment during their studies. They are generally restricted to on-campus jobs and can only work up to 20 hours per week during the academic term.
• While on-campus jobs are an option, they are often low-paying and do not provide the professional experience that many students seek.
• Off-Campus employment restrictions: Off-campus employment is permitted only under specific conditions such as severe economic hardship or through programs like Curricular Practical Training (CPT) and Optional Practical Training (OPT). However, these programmes come with their own sets of restrictions, application procedures, and limitations on the type and duration of work.

3. Post-graduation uncertainty

• OPT and H-1B Lottery system: After graduation, F-1 visa holders must quickly secure employment under the OPT programme or obtain an H-1B visa. The H-1B visa process adds another layer of uncertainty, as it involves a lottery system with a capped number of visas issued annually. Even well-qualified graduates may not be selected, leading to potential deportation or the need to leave the U.S.
• Unemployment limits: Under OPT, students are allowed only 90 days of unemployment, with an additional 60 days granted under the STEM OPT extension. Given that job searches and interview processes can often take 30–45 days, these limitations create significant pressure, especially in a volatile job market.

4. Travel restrictions

• Risk of re-entry denial: Travelling outside the US while on an F-1 visa is fraught with risks. Re-entry is not guaranteed, particularly if there are any issues with maintaining student status or if there have been changes in US immigration policies. This situation is particularly challenging for students with urgent personal matters that require travel to their home country.

EB-5 VISA AS A SUPERIOR ALTERNATIVE

1. Direct path to permanent residency

Stability and security: The EB-5 visa offers a straightforward and secure pathway to US permanent residency. By investing in the US economy, students and their families can bypass the uncertainties and limitations associated with the F-1 and H-1B visas. This investment not only secures a green card but also provides a foundation for long-term planning and stability in the US

2. Greater work flexibility

Employment authorization: One of the most significant advantages of the EB-5 visa is the ability to obtain an Employment Authorisation Document (EAD). This document allows visa holders to work for any employer without the restrictions imposed on F-1 visa holders. This flexibility is particularly beneficial for students who want to gain relevant work experience through internships, part-time jobs, or full-time employment during and after their studies.

3. Freedom of travel

Unrestricted travel: Unlike the F-1 visa, the EB-5 visa allows for unhindered international travel. Visa holders and their families can travel freely in and out of the US without the fear of being denied re-entry. This freedom is crucial for maintaining personal and professional connections across borders.

4. Financial benefits: In-state tuition

Cost savings: One of the often-overlooked benefits of the EB-5 visa is the eligibility for in-state tuition rates at public universities. F-1 visa holders typically pay out-of-state tuition, which can be significantly higher. In contrast, green card holders, including those with an EB-5 visa, can access in-state tuition rates in many states, resulting in substantial cost savings over the course of their education.

5. Concurrent filing

Legal Stay and interim benefits: The EB-5 programme offers the option for concurrent filing of Adjustment of Status (AOS), allowing students to remain in the US legally while their green card application is processed. This process also enables them to obtain interim benefits such as an EAD and Advance Parole, further enhancing their stability and opportunities in the US

For Indian students who face the challenges and uncertainties of the F-1 visa, the EB-5 visa presents a compelling alternative. Offering a direct route to permanent residency, enhanced work flexibility, freedom to travel, and significant financial benefits, the EB-5 visa programme provides a secure foundation for those seeking to build a future in the United States.

While the initial investment is substantial, the long-term advantages make the EB-5 visa a valuable consideration for students and their families who are serious about establishing a permanent and prosperous life in the US