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

Economic Times

7 days ago

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."
(Join our ETNRI WhatsApp channel for all the latest updates) 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. '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. USIF has seen a 100% rise in F-1 visa holders seeking the EB-5 visa so far this year since January, as against 2024. The idea that international students, even at globally respected universities, are finding themselves in the middle of political or administrative disputes is unsettling, experts say. Earlier, adjustment of status would allow students to stay in the US, apply for work and travel authorisation, they said. However, with the Trump administration discouraging international students, those between 19- 24 years of age, especially in competitive fields like computer science, biotech and finance, are mostly applying for EB-5. US law firm Chugh LLP has seen a sharp uptick in EB-5 requests in the past few months from Indian students on F-1 visas. '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.'The Harvard dispute simply reminds them how quickly rules can change,' said another lawyer.
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.