Pune: Speaking on the current state of the EB-5 Immigrant Investor Program at JW Marriott, Pune, Mr. Nadadur Kumar, Esq., a U.S.-based immigration attorney with over three decades of experience, emphasized why this is the right time for Indian nationals to consider EB-5.
Addressing the media, Mr. Kumar clarified a common misconception that often deters families from exploring EB-5. He explained that obtaining a U.S. Green Card does not mean giving up Indian citizenship. Instead, it simply creates an option, not an obligation, to reside in the U.S. He further noted that investors also have the flexibility of a “white passport” or re-entry permit, which allows them to remain outside the U.S. for up to two years, with possible extensions for business or family reasons.
He went on to highlight that the timing for Indian investors is critical. The EB-5 visa backlog for Indians is currently shorter than usual, making this a rare opportunity. However, he warned that as demand inevitably increases—driven by India’s growing wealth, rising real estate equity, and H-1B/F-1 visa holders establishing themselves in the U.S.—waiting times will lengthen again. Under U.S. immigration law, green cards are capped at 7% per country. With India’s demand for immigration already far outstripping this quota across F-1, H-1B, and EB-5 categories, delays are bound to increase.“Forget about the golden opportunity—this golden opportunity will not last for too long,” he cautioned.
Tracing the evolution of EB-5 among Indian applicants, Mr. Kumar explained that the program was not a significant pathway until recently. The rise in property values and home equity has enabled more Indians to fund their investments, often with the support of parents. Many H-1B visa holders and students transitioning from F-1 to H-1B status in the U.S. have also been able to leverage their financial progress to pursue EB-5. This demand, he stressed, is driven purely by numbers and is not the result of any discrimination.
Mr. Kumar also addressed the financial realities of EB-5. With a minimum investment requirement of USD 800,000 (approximately ₹6–7 crore), families often pool their resources to participate. He cautioned, however, against relying on short-term, high-interest loans promoted by some regional centers. Such arrangements, he explained, may postpone the two-year job creation requirement, creating additional risks for applicants. “If you have the money, invest directly. Meet the two-year requirement with certainty. That is the only way to guarantee outcomes,” he advised.
Turning to the stability of the EB-5 program, Mr. Kumar noted that the laws governing EB-5 have remained unchanged for decades. What fluctuates, he said, are the interpretations and enforcement practices, which can sometimes create short-term hurdles. He pointed to the example of recent F-1 visa revocations, many of which were later restored, underscoring that while enforcement may vary, the underlying law has remained consistent and dependable.
In his closing remarks, Mr. Kumar urged prospective investors to exercise due diligence. He cautioned against the “mushrooming” of promoters offering unrealistic loan-based EB-5 schemes and emphasized the importance of verifying the credentials of advisors and regional centers. “Be alert and you won’t be hurt,” he remarked, adding that investors should always rely on accurate, law-backed guidance rather than speculation.
Concluding the session, Mr. Kumar noted that EB-5 is no longer a niche option but an increasingly popular pathway for Indians, particularly students and professionals in STEM fields. With demand rising, legal frameworks stable, and the current window of opportunity narrowing, he urged families to make timely, well-informed decisions.
