Indians now eyeing EB-5 visa

In recent years critics of the H-1B visa program have argued that the program allows IT employers to overlook homegrown American workers in favor of skilled foreign nationals. This criticism has increased in the wake of the COVID-19 pandemic.

New restrictions imposed on the H-1B visa by the Trump administration in 2020 are leading more Indians to consider the EB-5 visa as a way to obtain residency in the United States.

In recent years Indians have surpassed Chinese applicants for EB-5 visas, which are particularly attractive because applicants are not tied to a particular industry or employer, unlike with the H-1B visa, where applicants are typically tied to one employer. LCR Capital Partners confirms that the number of EB-5 visas will increase in 2021.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in February 2022, and continues to work with international families that want to explore alternative residency options.

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