As Donald Trump prepares to return to the White House for a second term, significant changes to the EB-5 Immigrant Investor Program are causing concern and creating new opportunities for Indian investors seeking permanent residency in the United States. Increased demand and regulatory shifts are making it crucial for investors to act quickly.
Nicholas A. Mastroianni III, President and CMO of the U.S. Immigration Fund (USIF), recently discussed the issue of EB-5 visa retrogression. This occurs when the demand for visas exceeds the available supply, resulting in delays for applicants, according to the Hindustan Times.
The January 2025 Visa Bulletin raised concerns about potential backlogs in new categories designed for rural and high-unemployment areas. It emphasized that applying early is critical to securing a priority date and avoiding delays.
What is Visa Retrogression?
Visa retrogression refers to delays in processing applications due to high demand. Investors cannot access interim benefits like Employment Authorization Documents (EAD) or Advance Parole (AP) until they file their petitions together. Furthermore, under the Child Status Protection Act (CSPA), the ages of dependent children are frozen when their parents file for Adjustment of Status (AOS).
However, retrogression delays could cause children approaching 21 to lose eligibility for a visa.
Before the EB-5 Reform and Integrity Act of 2022, 32% of visas were set aside for EB-5 projects. Since then, demand has grown rapidly, with about 7,000 I-526E petitions filed between April 2022 and July 2024. This has made competition for visas more intense.
Expert Advice on How to Invest
Mastroianni stressed the need for investors to act early, saying, “Retrogression is unpredictable, and securing a priority date early helps protect against visa backlogs.” He recommends staggered investments, which allow investors to file their I-526E with an initial $200,000 investment. This locks in a priority date and gives them up to six months to complete the remaining $600,000 investment.
He also mentioned the reset of the Liberalized Remittance Scheme (LRS) in April 2025, which will allow Indian nationals to send up to $250,000 per person annually. However, the 20% Tax Collected at Source (TCS) could create financial hurdles. Mastroianni suggests using staggered investments to manage these challenges.
“For those already in the U.S. on H-1B, F-1, or other non-immigrant visas, concurrent filing has changed the EB-5 process,” he added. This process lets investors apply for AOS without waiting for their I-526 petition to be approved, reducing uncertainty.
Mastroianni also highlighted the importance of filing for AOS within one year of visa availability to ensure protection under the CSPA. If a child turns 21 without taking action during the waiting period, they risk losing eligibility for the visa.
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