top of page
Jun 13, 20234 min read

【ARCFE Blog】 THE SOLUTION TO U.S. RESIDENCY FOR INDIANS

EB-5 concurrent filing is a process within the EB-5 investment immigration program that allows investors and their dependents to simultaneously submit their Form I-526E (“Immigrant Petition by Regional Center Investor”) and Form I-485 (“Application to Register Permanent Residence or Adjust Status”) applications. This streamlined approach enables investors to initiate their path to permanent residency while their I-526E petition is being reviewed, expediting the overall timeline and providing a more efficient route towards obtaining a green card in the United States.

In this article we will discuss:

  1. EB-5 Regional Center Program

  2. Why EB-5 Concurrent Filing is “The Solution” for Indian nationals

  3. Choosing the right EB-5 project

Understanding the EB-5 Regional Center Program

The EB-5 Regional Center program is an alternative to the EB-5 direct investment option. It allows investors to invest in projects sponsored by designated Regional Centers, which offer advantages such as indirect job creation, reduced management responsibilities, and a wider range of investment opportunities. Compared to the EB-5 direct program, the Regional Center program provides investors with additional flexibility and potential benefits.

“The Solution” for Indian Nationals: EB-2/EB-3 vs. EB-5

Indians face a significant backlog in the EB-2 and EB-3 visa categories, resulting in extensive waiting periods for permanent residency. Due to the high demand from Indian nationals, the annual visa quota is often exhausted quickly, causing delays that can range from several years to decades. This backlog creates uncertainty and frustration for Indian applicants, impacting their career plans, family reunification, and overall immigration journey.

In contrast, the EB-5 program offers a more favorable option for Indian investors compared to EB-2 and EB-3. One of the primary advantages of EB-5 is the absence of an extensive backlog. The EB-5 program provides a more predictable and timely route to permanent residency, offering Indian investors a clearer and more efficient path towards their green card. This eliminates the uncertainty and lengthy waiting periods that plague the EB-2 and EB-3 categories, providing a more streamlined and expedited immigration process.

Furthermore, EB-5 concurrent filing presents significant advantages for Indian investors. With concurrent filing, investors can initiate the adjustment of status process while their I-526E petition is under review. This saves substantial time and allows investors to obtain work authorization (EAD card) and travel documents (Advance Parole or AP) sooner, providing them with increased flexibility, stability, and freedom. The concurrent filing option in the EB-5 program streamlines the path to permanent residency, offering Indian investors a more efficient and favorable route towards obtaining their green card in the United States.

July 2023 Visa Bulletin: All 3 set aside EB-5 categories show no backlog for Indian nationals; unreserved EB-5 category shows backlog but still at a much better priority date compared to EB-2/EB-3

Forms to file and a general timeline:

  1. I-765 (Application for Employment Authorization – EAD card) : Expecting 3-4 months processing – typically is the first to be processed

  2. I-131 (Application for Travel Document – Advance Parole) : Expecting 8-14 months processing – typically being processed after I-765

  3. I-526E (Immigrant Petition by Regional Center) : Expecting 2 years processing for categories that are “CURRENT or C”

  4. I-485 (Application to Register Permanent Residence or Adjust Status) : Process after I-526E approval

Choosing the Right Project

ARCFE Group 8: Park Shore Project in NJ

Choosing the right EB-5 project requires careful consideration and due diligence. Investors should assess the project’s track record, financial stability, and job creation potential. Researching the developer’s experience and reputation is vital, along with reviewing project documents and financial disclosures. Evaluating the project’s location, market demand, and feasibility is essential. Seeking guidance from experienced professionals, such as immigration attorneys, can provide valuable insights. Conducting a comprehensive analysis of the project’s viability and alignment with personal investment goals is crucial in making an informed decision and selecting the right EB-5 project.

Investing in EB-5 projects in urban areas offers significant advantages over rural projects. Urban areas are characterized by higher population density, robust economies, and diverse industries, which create a favorable investment climate. These projects benefit from greater market demand, ensuring a higher likelihood of success. Urban areas also tend to have well-established infrastructure, transportation networks, and access to amenities, providing a more desirable living environment for potential residents. Furthermore, the presence of skilled labor, educational institutions, and cultural attractions in urban areas enhances the quality of life for both investors and their families. Investing in urban EB-5 projects maximizes the potential for economic growth, job creation, and a prosperous future.

EB-5 projects located in urban areas can still be qualified as TEA (High Unemployment), which lower the investment capital to $800,000 USD per investment unit & meet requirement for 10% set aside EB-5 visa.

ARCFE: Award-winning EB-5 Regional Center

Award-winning EB-5 regional center with over 10 years of experience in real estate financing. We were first designated by USCIS in 2013 and were redesignated under the EB-5 RIA in 2022. ARCFE is a subsidiary of iCross Capital Group focusing on raising funds through the EB-5 investment immigration program. Our team consists of professionals in the immigration, real estate and financial industries, including team members who are CFA and CPA. We have assisted over 1000+ clients over 14 projects, with a 100% project approval rate. Up to date, ARCFE has successfully returned EB-5 capital to all of our eligible investors.

Our investors who are currently in the U.S. have successfully filed their petitions concurrently. Many of them have successfully obtained their EAD cards and Advance Parole in just 3-6 months.

Conclusion

In conclusion, EB-5 concurrent filing offers a more favorable option for Indians compared to EB-2 and EB-3. The absence of an extensive backlog, streamlined process, work authorization benefits, and faster path to permanent residency make it a superior choice. It provides Indians with a more efficient and expedited route towards obtaining a green card in the United States, ensuring a smoother immigration journey.

New York Office

28-07 Jackson Ave, LIC, NY 11101

212-889-5333

info@arcfe.com

2 views
bottom of page