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02 Jun

With US grudging visas, students veer to EB-5; applications for Green Card category up by more than 100%

Following the crack-down on student visas, many Indians currently in the US and those considering colleges there are exploring the EB-5 route. 

The EB-5 visa programme provides a path to a Green Card, or permanent residency, to foreign investors putting in $800,000 (about Rs 7 crore).

In the past four to five months, in Donald Trump's second term as US President, immigration lawyers have seen more than 100% jump in EB-5 applications from Indian students, they told ET.

A limited number of visas, however, are available each year under the category about 700 for India. 

With the US the most popular destination for higher studies 86,000 Indians there in 2024-experts see a scramble for EB-5 this year.

"There is a sharp jump in EB-5 applications," said Rajneesh Pathak, founder of Global North Residency and Citizenship, an immigration law firm. 

"But unlike previous years, when we had most-ly H-1B visa holders applying, the interest from F-1 visa holders has risen by 100% over the last few months."

F-1 is a non-immigrant visa that allows international stu-dents to enter and stay in the US to pursue full-time academic studies, with limited work authorisation.

Parents do not want to take any chances in the current political environment in the US, said experts. 

“They are willing to invest in EB-5 to secure the future of their children,” said Pathak.

The events in the past few weeks that have led to this panic-like situation include a stop on new F-1 visa appointments — a tussle between the Trump administration and Harvard University; tightening of F-1 visa rules; heightened scrutiny of students’ records, including social media posts;student and exchange visitor information system (SEVIS) record glitches; and increased scrutiny at ports of entry.

“We at US Immigration Fund have witnessed a 100% increase from F1 students in the US seeking the EB-5 Visa since January 2025 as compared to 2024,” Akshat Gupta - Vice President of Business Development - Head of India & UAE, US Immigration Fund.

“Roughly one-third of my new immigration consultations now involve students worried about how US politics could affect their status,” said Navneet S Chugh, attorney, who runs the firm. 

Last year, Chugh’s firm was handling one or two EB-5 inquiries a quarter from students but this spring, it is fielding five to seven a month.

EB-5 VISA ROUTE
Davies and Associations, another immigration law firm in the US, is also seeing a significant interest from Indian students and H-1B holders to pursue the EB-5 visa route.

The current I-526E adjudication timelines are significantly faster than in previous years.

“In some instances, what once took three years is now being processed in as little as three months,” said its founder and chairman, Mark Davies. 

This flexibility allows applicants to live and work freely in the US while their Green Card cases are pending, said Davies.

Students holding a Green Card have legal protection that F-1 visa holders do not have. 

“We are advising students to maximise their time within the US and avoid unnecessary foreign travel or extended breaks,” said Sukanya Raman, country head, Davies and Associates.

Source: https://economictimes.indiatimes.com/nri/study/with-us-grudging-visas-students-veer-to-eb-5-applications-for-green-card-category-up-by-more-than-100/articleshow/121541699.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst