Key Considerations for Potential EB-5 Applicants from India

With EB-5 applications from India on the rise in recent years, and significant changes to the program underway, today we are providing readers with some key information to consider regarding Indian EB-5 application:

• Historically, the majority of Indian EB-5 applicants have sought “direct” investment opportunities, rather than investing through regional centers as there is potential for higher returns through these investments.
• This has begun to change as more Indian EB-5 investors grow concerned about the management of their business during the 2-2 ½ years it takes to completely immigrate by EB-5 to the US. The proportion of Indian EB-5 applicants who elect to invest through a regional center project is now on the rise as these investments have dedicated managers already in the US.
• We often find that there are obstacles with Indian applicants’ source of funds. Many Indian EB-5 applicants combine funds from various sources: real estate sales, gifts from family, existing savings, etc. This can make things especially difficult when the real estate sales provided do not reflect the full selling price.

Inclusion of Social Media Review in Visa Applications
We have learned that United States Citizenship and Immigration Services (USCIS) may begin asking all visa applicants to disclose their social media handles for the past 5 years as part of their visa application. This information is currently required from visa applicants from countries that are subject to the travel ban, but this may be expanded to all visa seekers. We are not sure exactly how this change will affect visa applications, but we expect it will likely slow down visa processing times as social media review will add work to the process.