What is EB-5 visa? With Donald Trump administration cracking down on student visas, Indians explore this route for a path to Green Card
for foreign investors who contribute $800,000 (approximately Rs 7 crore).
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International students at prestigious global universities are increasingly finding themselves caught in political and administrative conflicts, according to experts. Previously, status adjustments enabled students to remain in the US whilst obtaining work and travel permissions.
Immigration lawyers have witnessed a doubling of EB-5 applications from Indian students during the last four to five months of Donald Trump's second presidential term.
The current US administration's less welcoming stance towards international students has prompted those aged 19-24, particularly in sought-after disciplines such as computer science, biotech and finance, to increasingly pursue EB-5 visas.
EB-5 visa demand
The annual quota for this category is restricted, with India allocated roughly 700 visas. Given that the US remains the preferred destination for higher education, with 86,000 Indians enrolled in 2024, experts anticipate intense competition for EB-5 visas this year.
"There is a sharp jump in EB-5 applications," Rajneesh Pathak, founder of Global North Residency and Citizenship, an immigration law firm, told ET. "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."
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The non-immigrant F-1 visa permits international students to enter and remain in the US for full-time academic studies, offering limited work permissions.
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According to experts, parents are exercising extra caution given the current US political climate. "They are willing to invest in EB-5 to secure the future of their children," said Pathak.
Recent developments contributing to widespread concern include the suspension of new F-1 visa appointments, conflict between the Trump administration and Harvard University, stricter F-1 visa regulations, intensive review of students' documentation including social media activity, SEVIS system technical issues, and enhanced scrutiny at entry points.
"The F-1 visa, once as a bridge to opportunity, now feels like a tightrope," said Akshat Gupta, head of India & UAE, US Immigration Fund (USIF), an EB-5 Regional Centre operator.
Since January, USIF has witnessed a 100% increase in F-1 visa holders applying for EB-5 visas compared to 2024.
US legal practice Chugh LLP reports a significant increase in EB-5 applications from Indian students holding F-1 visas.
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"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.
The firm's EB-5 enquiries from students have risen from one or two quarterly last year to five to seven monthly this spring.
"The Harvard dispute simply reminds them how quickly rules can change," said another lawyer.
Davies and Associates, a US-based immigration law firm, reports substantial enquiries from Indian students and H-1B visa holders interested in pursuing the EB-5 visa pathway.
The processing duration for I-526E applications has reduced considerably compared to previous periods.
"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. He noted that applicants maintain the freedom to reside and work in the US whilst their Green Card applications are under review.
According to Sukanya Raman, country head at Davies and Associates, Green Card holders receive legal safeguards unavailable to F-1 visa students. "We are advising students to maximise their time within the US and avoid unnecessary foreign travel or extended breaks," she told the financial daily.
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