Amid President Donald Trump’s immigration crackdown, Indian American immigration attorney Nadadur S. Kumar considers EB-5 immigrant investor programs one of the most stable and enduring immigration pathways available, regardless of political winds.
“Over the years, the EB-5 has consistently enjoyed bipartisan support in the U.S. Congress because it drives billions of dollars in investment and creates tens of thousands of jobs,” Los Angeles based Kumar told The American Bazaar in an email interview.
“Even during the current administration, while rhetoric around immigration was often heated, the EB-5 program itself was left untouched,” noted Kumar, who came to the United States from India 30 years ago on a Rotary Scholarship.
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Discussing the pros and cons of EB-5 vis-a-vis others visa categories, he says, “for families seeking long-term security in the U.S., EB-5 is not merely an option, it is the most reliable and time-efficient route available today.”
Kumar also considers the more widely chosen option of $800,000 investment through regional centers or in designated targeted employment areas as a golden window of opportunity for Indian investors as it offers both reduced investment and shorter waiting times.
In addition to his private law practice, Kumar served as an Immigration Counsel at the University of Southern California (USC) for over 15 years, and also served as Dean of Foreign Students at both USC and the University of California, Los Angeles (UCLA). He also served as an advisor for Indian student associations at several universities.
Kumar represents many multinational corporations in L-1 and H-1B cases. He has also helped many individuals in India and other parts of the world in obtaining EB-5 investment based green cards.
He has been involved in pro-bono immigration work and other legal services for several South Asian organizations. He is a member of the National Association for Foreign Student Advisors, The Bar Association for People of Indian Origin, The Tamil Association, and The Telugu Association of Southern California.
Here Kumar tells the American Bazaar everything that you want to know about the EB-5 investor visa program:
AB: Why should one go in for EB-5 immigrant investor programs instead of F1, H1B, L1 etc., which require no investment?
NSK: Each visa serves a distinct purpose, but the EB-5 stands apart because it provides a far more predictable and faster pathway to permanent residency. With student or employment visas, Indians often face decades-long backlogs—sometimes 15 to 25 years—for a green card. By contrast, under the EB-5 Reform and Integrity Act, the waiting period for Indian applicants has been reduced to just about two years. For families seeking long-term security in the U.S., EB-5 is not merely an option, it is the most reliable and time-efficient route available today.
What is the minimum investment required for an EB-5 visa?
The law prescribes two investment levels. The standard EB-5 requires $1,050,000, usually in one’s own enterprise. However, the more widely chosen option today is $800,000 through regional centers or in designated targeted employment areas. This reserved category offers both reduced investment and shorter waiting times, which is why it is considered a golden window of opportunity for Indian investors.
How much more does one need to spend in addition to the investment?
NSK: Beyond the core $800,000 investment, there are ancillary costs. These typically include government filing fees of about $5,000–$6,000, syndication or administrative fees charged by the regional center, and legal fees for preparing and managing the case. All told, these additional expenses are modest compared to the benefit of securing permanent residency for the entire family.
How risky is the EB-5 visa?
With prudent preparation and by investing through a compliant regional center, the EB-5 program is among the most secure immigration paths available today. The EB‑5 Reform and Integrity Act of 2022 (RIA)—signed into law on March 15, 2022—significantly elevated investor protections, introducing stricter oversight, mandatory audits, site visits, and sanctions for misconduct. I have guided hundreds of families through this process and can say with confidence that those who prioritize integrity over speculative returns almost invariably receive both their green card and capital back within 4–6 years. In my decades of experience, nothing has made the EB‑5 route safer than the integrity reforms now in place.
What about source of funds for the investment?
The law requires that all EB-5 funds be lawfully sourced and fully documented. This can include personal savings, salary, proceeds from stock options, real estate equity, parental gifts, or inheritance. The key is transparency—every rupee or dollar must be traceable back to its origin. As counsel, my role is to carefully “perfect” this documentation so that the U.S. authorities are satisfied that the money is clean, legal, and eligible for investment.
How does one choose a safe investment destination?
This is where due diligence is essential. Investors must evaluate regional centers on their history, the number of projects successfully completed, repayment track record, and resilience during economic downturns like the pandemic. Established centers with decades of experience inspire greater confidence than newer, untested entities. Above all, avoid speculative or “too good to be true” ventures—because the primary goal here is securing residency and protecting capital, not chasing high-risk returns.
How to ensure the investment meets legal requirements of both the U.S. and India?
On the U.S. side, EB-5 projects must comply strictly with immigration regulations and job-creation requirements. On the Indian side, the key considerations are compliance with Reserve Bank of India remittance rules—which allow up to $250,000 per person per year—and ensuring proper tax treatment of funds. Families often pool contributions from multiple members to meet the $800,000 threshold, which is entirely permissible under law. With careful planning, both U.S. and Indian legal requirements can be fully satisfied without difficulty.
Who takes care of the paperwork in either country?
A seasoned immigration law office typically manages the entire process end to end. This includes sourcing and verifying funds in India, preparing the U.S. petition, and ensuring every document stands up to scrutiny. In my practice, I insist on personally reviewing every source document to avoid errors or fraudulent submissions, which could jeopardize the application. This meticulousness is required to ensure a secure and successful process.
Is there a one-stop option available for availing of the EB-5 visa?
Yes, absolutely. A well-established immigration law firm can serve as a one-stop solution—handling everything from fund structuring and RBI compliance in India, to USCIS filings and ongoing representation in the U.S. For investors, this simplifies a complex process into a seamless, guided journey toward permanent residency.
How safe or “Trump-proof” is the EB-5 visa?
Over the years, the EB-5 has consistently enjoyed bipartisan support in the U.S. Congress because it drives billions of dollars in investment and creates tens of thousands of jobs. Even during the current administration, while rhetoric around immigration was often heated, the EB-5 program itself was left untouched. With strong economic logic and legislative safeguards behind it, I consider EB-5 one of the most stable and enduring immigration pathways available, regardless of political winds.