Have you ever found yourself wondering if your investment could be the key to a new life in the United States? For many Indian families, the EB-5 visa offers that exact opportunity — a chance to invest in the future and build a life in America without waiting years through traditional work visas. But there’s one question that always comes up first: how long will it actually take?
Understanding the EB5 visa processing time for Indians is more important today than ever before. Between growing demand, changing immigration policies, and country-specific wait times, the journey can be confusing if you’re unsure of what to expect.
In this guide, you’ll find a clear, no-nonsense breakdown of how the process works, what factors affect your timeline, and how you can plan smarter for your move. If the EB-5 visa is part of your dream, getting the correct information now can save you a lot of surprises later.
Initial Steps of Filing the Application
Your EB-5 process starts with filing Form I-526 or Form I-526E, depending on how you choose to invest. Form I-526 is for direct investments, while Form I-526E is used when investing through an approved regional center.
Submitting a complete and well-organized petition is crucial. USCIS sifts through every detail, and missing information often leads to a Request for Evidence (RFE), which can delay your case for months. To avoid this, your application should include:
- Proof of the lawful source of investment funds
- Detailed business plan or regional center documentation
- Evidence of the required investment amount committed
- Proof that the investment will create at least 10 full-time jobs
Preparing everything perfectly takes time. Depending on your personal situation and the complexity of your investment, gathering and organizing documents could take several weeks or even months. Building a strong application from the start saves you from future delays and gives you more control over your timeline.
Need help preparing your EB-5 application? Sweta Khandelwal can guide you through each step, helping you prepare a strong application and avoid delays that could impact the processing time of the EB-5 visa for Indians.
Investment Options and Targeted Employment Areas (TEAs)
When applying for an EB-5 visa, you have two main investment paths: direct investment or regional center investment.
Direct investment means you invest your funds into a new or existing business and take an active role in managing it.
Regional center investment, on the other hand, allows you to invest through a government-approved regional center. These centers manage projects that are pre-approved to meet EB-5 requirements, and they often take care of job creation calculations for you.
Many Indian applicants choose to invest through projects located in Targeted Employment Areas (TEAs). TEAs are either rural areas or places with high unemployment rates, and investing in a TEA offers two significant advantages:
- A lower minimum investment amount (currently $800,000 instead of $1,050,000)
- Potentially faster processing through set-aside visa categories
Examples of areas that often qualify as TEAs include small towns far from major metropolitan areas or urban neighborhoods struggling with high unemployment rates. USCIS reviews and certifies TEAs based on official census and economic data, so working with a project already designated as a TEA can simplify your application.
Choosing the right investment type and location can impact not only your visa approval but also how soon you start your new life in the United States.
Also Read: Applying for an EB-2 NIW Green Card: Steps and Procedures.
Conditional Residency and Petition Processing
Once your initial EB-5 petition is approved, you will be granted conditional permanent residency in the United States. This conditional green card is valid for two years and allows you and your immediate family members to live, work, and study anywhere in the country.
Processing times for each stage can vary widely. USCIS timelines depend on several factors, including the number of applications being handled, the complexity of your case, and occasional policy changes. It’s important to remember that posted processing times are averages — some cases move faster, while others may take longer.
When budgeting for your EB-5 journey, it’s also smart to consider the current fee structure.
- If you are filing as a standalone investor (Form I-526), the government fee is $11,160.
- If you are investing through a regional center (Form I-526E), the fee is $3,675, plus an additional $85 for biometrics services.
Keep in mind that USCIS occasionally updates its fee schedule, and future increases could affect your overall investment and planning. Careful preparation and timely filing at each stage can help you stay ahead of potential delays and unexpected costs.
Need guidance on maintaining your conditional residency and planning for the I-829 petition? The Law Offices of Sweta Khandelwal can help you stay on track with important timelines, prepare for fee changes, and ensure you meet all requirements for permanent residency.
Consular Processing and Adjustment of Status
After your EB-5 petition is approved, you will need to decide how to move forward based on where you are living at the time. If you are outside the United States, you will go through consular processing by filing Form DS-260. This form is submitted to the National Visa Center (NVC) and processed at a U.S. consulate or embassy in your home country. Timelines for consular processing can vary, typically ranging from 3 to 12 months, depending on the workload and individual circumstances at the consulate.
If you are already in the United States, you can file Form I-485 to adjust your status to that of a conditional permanent resident. One benefit of this pathway is the option for concurrent filing, meaning you can file your EB-5 petition (Form I-526E) and Form I-485 at the same time if visa numbers are available. This can sometimes save several months in processing time.
Choosing the correct pathway is important for smoothly converting your conditional residency into permanent residency. Factors such as your current location, visa availability, and timing goals will all play a role in deciding whether consular processing or adjustment of status fits your situation best.
Also Read: Current H-1B Visa Stamping: Steps and Process in India.
Finalizing Permanent Residency and Filing the I-829 Petition
As you approach the end of your two-year conditional residency, it’s time to take the final step toward becoming a full, permanent resident. You will need to submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition must be filed within the final 90 days of your conditional green card’s validity period.
The I-829 petition shows that you have met all the EB-5 program requirements, such as sustaining your investment and creating the necessary jobs. Preparing your documentation early is important, as missing the 90-day filing window can jeopardize your status.
Currently, the estimated processing time for Form I-829 is about 45.5 months. While that might seem like a long wait, maintaining your documents and following all USCIS instructions carefully can help keep your case on track.
During your conditional residency, it’s a good idea to:
- Keep thorough records related to your investment and job creation.
- Stay in contact with your regional center or project managers, if applicable.
- Monitor USCIS communications closely for any updates or requests.
Planning ahead during these two years ensures a smoother path to securing your permanent residency without unnecessary stress.
Ready to finalize your green card without adding to the EB5 visa processing time for Indians? Sweta Khandelwal can help you prepare and file your I-829 petition carefully, making sure you complete your EB-5 journey smoothly and efficiently.
Conclusion
The EB-5 visa journey can feel overwhelming, especially when each step comes with its own set of timelines and requirements. From filing your initial petition to removing the conditions on your permanent residency, understanding the timing and preparing ahead can make all the difference. Having the right guidance ensures you don’t just move forward—you move forward with confidence.
At the Law Offices of Sweta Khandelwal, you will find a trusted partner who can help you understand each step of the EB-5 process and what it means for your future in the United States. With years of experience assisting investors to achieve their immigration goals successfully, Sweta Khandelwal brings clarity, strategy, and personalized attention to every case.
If you are considering your EB-5 visa options or have questions about your next steps, don’t wait. Contact the Law Offices of Sweta Khandelwal today to schedule a consultation and take the next step toward making your American dream a reality.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
