Indian investors are challenged and presented with unprecedented opportunities as the EB-5 Immigrant Investor Program undergoes changes amid Donald Trump taking the Oval Office for his second term. Increased demand, regulation changes, and visa retrogression put pressure on the need to act fast to gain permanent residency in the United States.
Here’s why acting now is crucial and how investors can achieve the American dream-
Visa retrogression occurs when demand for visas in a category exceeds supply, causing delays for applicants. The January 2025 Visa Bulletin cautions on possible backlogs in the new rural and High Unemployment Area (HUA) set aside category. Those applicants that have the cut-off date would have longer waits, and such investors need to file early in order to lock a priority date.
Investors do not have access to interim benefits like Employment Authorization Documents (EAD) or Advance Parole (AP), until concurrent filing is filed. Under the Child Status Protection Act (CSPA) as well, dependent children’s ages are frozen at the time their Adjustment of Status (AOS) is filed. Children who will be turning 21 may ‘age out’ due to retrogression delays.
Prior to the EB-5 Reform and Integrity Act of 2022 which set aside categories to rural, high unemployment and infrastructure, 32% of visas had been allocated to EB-5 projects. However, demand has surged. A top of this, approximately 7,000 I-526E petitions were filed between April 2022 and July 2024, creating fierce competition.
Visa expert cites How staggered investments and early filings are game-changers
“Retrogression is unpredictable, and securing a priority date early protects investors from being caught in a visa backlog,” says Nicholas Mastroianni III, President of the US Immigration Fund, told HindustanTimes.com. “With staggered investment, investors can file their I-526E with just $200,000 initially. This secures their priority date—which is crucial for avoiding retrogression—and gives them up to six months to fund the remaining $600,000.”
He then advised, “The Liberalized Remittance Scheme (LRS) reset in April 2025 presents a significant opportunity for Indian investors. Right now, Indian nationals can remit up to $250,000 per person per financial year, but with the 20% Tax Collected at Source (TCS), it can become financially restrictive,” and added, “The smart play here is to leverage a staggered investment approach. At USIF, we’ve structured programs that allow investors to start their EB-5 process by filing an I-526E petition with an initial investment of just $200,000. This locks in their priority date—which is crucial for beating retrogression—while giving them up to six months to fund the remaining $600,000.”
“Concurrent filing has been a game-changer for EB-5 investors already in the U.S. on H-1B, F-1, or other non-immigrant visas. In the past, investors had to wait for their I-526 petition to be approved before filing for Adjustment of Status (AOS). That meant long periods of uncertainty.”
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While addressing the Child Status Protection Act (CSPA), “CSPA protection only kicks in if the investor files for AOS within one year of visa availability. If the child turns 21 during that waiting period and no action is taken, they could age out.”
“The best thing investors can do is file early. By submitting the I-526E petition well before the child approaches 21, investors extend the pending period, lowering the risk. Concurrent filing is another safeguard, as it freezes the child’s age immediately.”
