The Impact of the EB-5 Backlog for India
With EB-5 visas expected to hit a backlog in mid-2019
for Indian nationals, it is still a viable option for many
who are otherwise facing a long backlog in other visa categories.
By Anusree Nair
W
hile regional centers and developers have considered
India the new EB-5 frontier over the past few years,
this attention was initially met with skepticism by the
Indian community. However, recent changes to H-1B
adjudication, a potential multi- decade wait time for
India EB-2 and EB-3 has sparked the interest of Indian
nationals who are using EB-5 as a viable option to their
immigration woes.
With the recent increase of Indian investors who are trying
to avoid long waits in other employment-based or family-
based categories, it is unsurprising that there is talk of
a visa backlog for Indian nationals in the EB-5 category
as well. Here is some basic background about why
the government sets visa backlogs for some nationals
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EB5 INVESTORS M AGAZINE
of some countries, the expected India EB-5 backlog,
and some questions that Indian investors should be
considering when pursuing an EB-5 investment.
WHY ARE THERE VISA BACKLOGS?
The Immigration and Nationality Act (INA) sets limits on
how many green cards can be issued in any category,
whether employment- based or family- based, within
each fiscal year running from Oct. 1 to Sept. 30. Under
the INA, if all visas are expected to be used in any one
category in a fiscal year, the government sets a per-
country limit to ensure that no one country is getting
more than 7 percent of the available visas. The EB-5
category receives approximately 10,000 visas per fiscal