EB-1: Extraordinary Ability,
Professors & Executives

For Indian nationals navigating the U.S. immigration system, particularly those already in the EB-1 category, the transition to the EB-5 Immigrant Investor Program offers a strategic and efficient pathway to permanent residency. While EB-1 remains an attractive option for those with extraordinary abilities, the long waiting times and complex requirements often make it a challenging route for many. In contrast, the EB-5 program can provide faster processing, greater flexibility, and an opportunity to invest in U.S. businesses, all of which are highly beneficial, especially in light of the persistent backlogs in the employment-based categories.

At U.S. Visa India Services, we specialize in guiding investors through the intricacies of transitioning from EB-1 to EB-5, ensuring a smooth, hassle-free process that aligns with your long-term goals. Below, we break down the key advantages of making this transition and how our expertise can accelerate your journey to U.S. permanent residency.

✧ Avoiding EB-1 Backlogs (Especially for India)

Benefit:

• Significant EB-1 Backlog: Indian nationals in the EB-1 category often face long waiting periods due to high demand and limited availability of EB-1 green The EB-1 priority date backlog for India can stretch several years. As of now, the EB-1 category for India is current or has a short waiting period, but this can change depending on the number of applications and visa allocations.

Why This Helps:

• EB-5 Faster Processing: The EB-5 category may be a faster route for green cards, especially when considering that the EB-5 priority dates are generally current, meaning there’s no significant backlog for Indian nationals in this category. This allows EB-5 applicants to avoid delays typically associated with EB-1 processing for Indian

Timeline Advantage:

• EB-1 Priority Date Backlog: Indian nationals face years of waiting in EB-1 if their priority date is not current, often leading to delays of 5-10 years or more.
• EB-5 Priority Date: The EB-5 category is typically current for all countries, including India, which can provide a much faster processing time for obtaining permanent

✧  Reduced Dependency on Employer-Specific Sponsorship

Benefit: 

• Job-Dependent Green Card: EB-1 for Indian nationals often requires continued employment in a specific position or with a specific This creates the risk of losing your job or changing employers, which could jeopardize your green card process.
• EB-5 Offers Independence: The EB-5 program is based on investment rather than employment. Once you make the required investment, you are no longer tied to a job, company, or employer to maintain your green card status.

Why This Helps:

• Career Flexibility: Indian nationals may face challenges with employer-dependent green card categories (like EB-1) if their employment situation With EB-5, you are free to change careers, start a business, or retire without worrying about losing your green card status.
• Entrepreneurship: Indian nationals who are entrepreneurs or investors can take advantage of EB-5 to continue their business activities in the U.S. without having to worry about employer-related restrictions.

✧  Faster Green Card Process (Especially for Family)

Benefit:

• Family-Based Immigration: Both EB-1 and EB-5 allow you to include your spouse and children under 21 in the green card process. However, the EB-5 route may be more efficient, especially when considering priority dates and backlogs.

• EB-1 Family Delays: If the EB-1 priority date is backlogged, family members (spouse, children) may face delays in receiving their green With EB-5, family members can typically file for adjustment of status (AOS) at the same time as the primary applicant.

Why This Helps:

• Simultaneous Processing: In the EB-5 category, once your I-526 petition is approved, your spouse and children can concurrently apply for their green cards, reducing delays for family members.
• No Employment Dependence: Unlike the EB-1, where family members might be delayed if the principal applicant!s employment situation changes, the EB-5 family benefits are not dependent on employer sponsorship.

✧  Investment in U.S. Business and Economic Opportunities

Benefit:

• Business Opportunities: As an EB-5 applicant, you will be required to invest in a S. business (either directly or through a regional center), which could lead to potential business growth, job creation, and financial returns.

• Involvement in U.S. Economy: The EB-5 investment is also an opportunity to actively contribute to the S. economy through your business investments, something that the EB-1 category does not focus on.

Why This Helps:

• Diversifying Investments: Indian nationals can use the EB-5 route as an opportunity to diversify their wealth and investments into S. markets, which can be lucrative and provide additional financial security.
• Job Creation: For those looking to contribute to the U.S. economy and create jobs, EB-5 directly ties to this goal as it requires investment that creates at least 10 full-time S. jobs.
• Future Expansion: EB-5 also provides an avenue for business owners and entrepreneurs to expand operations into the U.S. market, which is particularly attractive to Indian nationals seeking international business growth.

✧  No Requirement to Stay in Specific Field of Expertise

Benefit:

• EB-1 Specific Expertise Requirement: Indian nationals applying for EB-1 must continue to work in their extraordinary field (e.g., business, sciences, arts) to maintain their green card status. This can be restrictive, especially if an individual wants to change careers or move into a different field.
• EB-5 Freedom: EB-5 green card holders are not required to continue working in a specific You can invest in a business, retire, or pursue other interests without worrying about job restrictions.

Why This Helps: 

• Career and Life Flexibility: EB-5 provides the opportunity to leave the workforce and pursue personal passions, retire early, or get involved in other business ventures, without risking your green card status.
• No Ongoing Employment Evaluation: Unlike EB-1, where the applicant may be required to demonstrate continued extraordinary abilities or contributions, EB-5 allows you to pursue other non-technical endeavors.

✧  Faster Adjustment of Status (AOS) and Potential for Expedited Processing

Benefit:

• Faster Processing for EB-5: While EB-1 is usually fast for Indian nationals, the backlog can still cause delays depending on demand. In contrast, EB-5 priority dates are generally current, meaning Indian nationals can avoid waiting for years to file for an adjustment of status (AOS) or consular processing.

• Concurrent Filing: EB-1 holders can also file for EB-5 concurrently, helping to speed up the overall process. If the EB-1 priority date is delayed, the EB-5 can still move forward with fewer bottlenecks.

Why This Helps:

• AOS and Visa Approval: Once your EB-5 I-526 petition is approved, you can file for AOS if you!re in the U.S. or go through consular processing if you!re abroad. The EB-5 process typically moves faster since the priority dates are often current, meaning you won’t have to wait for your priority date to become current as you might with EB-1.

✧  Path to U.S. Citizenship

Benefit:

• Citizenship Timeline: Both EB-1 and EB-5 allow for a 5-year pathway to S. citizenship, but the EB-5 green card gives you more freedom in your career and lifestyle, as it doesn’t depend on maintaining a job in a specific industry.
• Stability: After 5 years of holding a green card (whether EB-1 or EB-5), you can apply for U.S. citizenship, making it a clear and achievable path for Indian nationals looking to secure long-term status in the U.S.

Why This Helps:

• Clear Pathway: If you!re interested in S. citizenship as an Indian national, EB-5 offers the same benefit of applying for naturalization after 5 years of permanent residency, with fewer restrictions on your employment or field of expertise.
• Permanent Residency Flexibility: You can achieve permanent residency without being tied to an employer, which is appealing to individuals who may want to eventually retire or

✧  No Risk of Job Loss or Employer-Related Issues

Benefit:

• Independence from Employer: As mentioned earlier, EB-1 holders, especially those from India, may face issues if their employer changes, lays them off, or they switch employers. With EB-5, once you!ve made your investment, you are independent of any employer!s

Why This Helps:

• Security and Flexibility: If you lose your job or face issues with your employer, you are not at risk of losing your EB-1 status. The EB-5 pathway gives you freedom to invest in businesses or even retire without worrying about employment status.