Hyderabad: The demand for EB-5 visa among Indian investors seems to be surging, as the US Department of State has declared in its July bulletin that the EB-5 unreserved category for India is unavailable for the rest of FY2026 after the annual allocation was fully utilised.According to USCIS data, EB-5 applications from Indian nationals nearly doubled year-on-year, rising from 879 in FY2024 to 1,903 in FY2025 — the sharpest increase recorded so far. Immigration experts say the surge is being driven largely by Indians already residing in the United States who are frustrated by years, and in some cases decades, of waiting in employment-based Green Card backlogs.
Experts say uncertainty over the programme’s future is also fuelling demand. The current EB-5 framework is authorised by Congress only until Sept 2027. “People are unsure whether this opportunity will continue after 2027, unless reauthorised, and that uncertainty is definitely contributing to the surge in applications,” said US-based immigration analyst Haley Davidson.Ana Gabriel Urizar, an immigration attorney with Manifest Law in Washington DC, said India stands apart from other major EB-5 applicant countries. “India is the only country among the top five EB-5 recipients where a majority of applicants are adjusting status from within the US. The other countries are primarily using the programme as a traditional investment route into America,” she said.Under the programme, investors must commit $800,000 to projects in rural, high-unemployment or infrastructure categories, while investments in non-designated projects require over $1 million. Applicants must also demonstrate a lawful source of funds and create or preserve at least 10 full-time US jobs.With the unreserved category now unavailable and currently processing applications filed in 2022, many Indian investors now may turn to reserved category.“While the EB-5 unreserved categories (those filed prior to 2022) remain backlogged, the set-aside categories for rural and high-unemployment projects remain ‘Current’. To maximize this opportunity, investors must navigate two key timelines: the critical Sept 30, 2026 grandfathering deadline for application protection, and the Jan 1, 2027, inflation adjustment that will increase the investment minimum from $800,000,” said Piyush Gupta, vice president, India and Middle East, CanAm Enterprises.“I’ve been in the US for over a decade on work visas and still don’t see a clear timeline for getting a Green Card through the employment route. The EB-5 programme seemed like the only realistic option to secure my family’s future, but now even that pathway is becoming uncertain,” said a project manager based in Chicago, currently exploring EB-5 investment options.The pressure is also spreading across employment-based immigration categories. While EB-2 visas for India have already reached their annual limit and become unavailable, US authorities have cautioned that EB-1 could also face retrogression if the current pace of visa usage by Indians continues.
