John Burson

edited Thursday, March 6, 2025

Follow

US Green Card Crisis: EB-4 Visa Cap Reached – Exploring EB-5 as a Viable Alternative for Indian Nationals

With the EB-4 visa category exhausted for Fiscal Year 2025, Indian applicants face delays. The EB-5 Immigrant Investor Program emerges as a promising solution to expedite permanent residency.

AD
Get access to EB 5 Visa Approved Projects.

All USCIS Approved EB5 Projects

Key Points:

The U.S. Department of State has exhausted the EB-4 visa cap for FY 2025, leading to delays in processing new applications.
Indian nationals are particularly affected by the EB-4 visa backlog and must wait until FY 2026 for new visa allocations.
The EB-5 Immigrant Investor Program offers a viable alternative to the EB-4 visa, providing faster pathways to U.S. permanent residency.
The EB-5 program requires an investment of $1,050,000 (or $800,000 in targeted employment areas) to qualify.
The EB-5 program allows investors to include their spouse and children under 21, offering family-based residency benefits.
The EB-5 program has relatively faster processing times compared to other employment-based visa categories, with waiting times ranging between 10-30 months for Indian applicants.
Recent reforms under the EB-5 Reform and Integrity Act of 2022 have improved transparency, security, and investor protection in the EB-5 program.
The proposed "Gold Card" visa by former President Trump raises questions about the future of the EB-5 program, offering a higher investment requirement of $5 million.
Investors must conduct thorough due diligence when choosing to invest in the EB-5 program to mitigate risks associated with fraud or mismanagement.
Changing immigration policies, including the potential introduction of the Gold Card visa, could impact the EB-5 program in the future.

The U.S. Department of State has announced that all available immigrant visas in the Employment-Based Fourth Preference (EB-4) category for Fiscal Year (FY) 2025 have been issued, leading to a temporary halt in processing new EB-4 applications until the start of FY 2026 on October 1, 2025.

This unforeseen exhaustion of EB-4 visas has put a pause on the hopes of thousands of applicants, especially from India, who were aiming to secure permanent residency in the United States. However, amidst this crisis, there is a silver lining. The EB-5 Immigrant Investor Program is emerging as a viable alternative for many who seek faster pathways to U.S. permanent residency. With increasing demand for U.S. green cards and backlogs in other visa categories, EB-5 could offer a lifeline for Indian nationals.

The EB-4 Visa: A Critical Category for Special Immigrants

The EB-4 visa category is designed for certain classes of immigrants who do not fit into other employment-based categories but who contribute to the U.S. in unique ways. These include religious workers, broadcasters, special immigrant juveniles, and certain employees of international organizations.

Each fiscal year, the U.S. government allocates a specific number of EB-4 visas, and once this cap is exhausted, no further visas can be issued until the start of the next fiscal year. This limitation makes it challenging for individuals who have been waiting for years to receive a green card under this category.

Impact on Indian Applicants: The Wait for a Green Card

Indian nationals, particularly those in employment-based immigration categories, have long been facing delays due to the high demand for green cards. The EB-4 category, in particular, has been highly sought after due to its relatively accessible requirements compared to other categories, such as the EB-2 or EB-3.

With the annual cap for the EB-4 category reached early in FY 2025, Indian applicants now find themselves in a bind. The lack of available visas means that many will have to wait until FY 2026 to have their applications processed. For some, this delay could extend into multiple years, leading to further uncertainty in their immigration plans.

The EB-5 Visa: A Solution to the Green Card Bottleneck

As the EB-4 visa cap has been reached, many Indian nationals are looking to the EB-5 Immigrant Investor Program as a solution to their immigration challenges. This program provides an alternative route to U.S. permanent residency through investment, and its growing popularity offers a timely opportunity for those who want to expedite their green card process.

What is the EB-5 Program?

The EB-5 Immigrant Investor Program was established in 1990 to attract foreign investment into the U.S. economy. It allows foreign nationals and their immediate families (spouse and children under 21) to obtain U.S. permanent residency (a green card) by investing in a U.S.-based business that creates or preserves at least 10 full-time jobs for U.S. workers.

There are two primary investment pathways within the EB-5 program:

Direct Investment – Investors can directly invest in a new commercial enterprise.
Regional Centers – Investors can pool their money into a USCIS-designated Regional Center, which focuses on economic development in specific regions.

Update on EB-5 Program: Clarifying Recent Remarks By President Trump

The recent remarks by President Trump regarding the potential replacement of the EB-5 Program with a "Gold Card" program have raised concerns among investors. However, it's important to note that the EB-5 Program is currently law, reauthorized under the EB-5 Reform and Integrity Act of 2022 (RIA), and is valid until September 30, 2027. Any changes to the program would require legislative action from Congress, not unilateral decisions by the President. While President Trump has indicated further details on his proposal, it’s unlikely that the program will be affected before 2027. Investors should feel secure, as the RIA remains in effect, and we at Paperfree EB5 will continue to provide updates and support to all investors.

Key Requirements of the EB-5 Program

Investment Amount
Applicants must invest at least $1,050,000 in a U.S. business. If the investment is made in a Targeted Employment Area (TEA), a rural or high-unemployment area, the minimum investment amount is reduced to $800,000. These reduced investment thresholds make the EB-5 program more accessible, particularly for those from countries with high immigration demand like India.
Job Creation
The investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers. This ensures that the U.S. economy benefits from foreign investments while also creating opportunities for American workers.
Visa Issuance and Processing Times
The EB-5 visa offers relatively faster processing times compared to other employment-based categories. While these timelines can vary, they are often shorter, making it a more attractive option for those facing extended wait times in the EB-4 and other categories.

Why is EB-5 Becoming Popular Among Indian Nationals?

The EB-5 program offers several advantages for Indian nationals looking for faster ways to secure U.S. permanent residency:

Faster Processing
With long wait times in other visa categories (like EB-2 and EB-3), EB-5 offers a much quicker alternative. As of 2025, the processing times for the I-526 petition for Indian applicants range between 10 and 30 months. This is a significant reduction compared to the years-long waiting periods in other employment-based categories.
Access to Family Members
One of the key benefits of the EB-5 program is that it provides permanent residency for the investor’s spouse and children under 21. This ensures that the entire family benefits from the investor's green card status.
Alternative to Visa Backlogs
With the increase in visa backlogs for countries like India, the EB-5 program provides a faster, more direct way for individuals to bypass the lengthy wait for green cards in the traditional employment-based categories.

Recent Developments in the EB-5 Program

The U.S. EB-5 Immigrant Investor Program has undergone significant reforms in recent years, notably with the passage of the EB-5 Reform and Integrity Act of 2022. This legislation introduced new measures aimed at improving transparency, security, and investor protection, especially addressing concerns about fraud and fund mismanagement. These reforms have made the program more appealing to foreign investors, particularly Indian nationals, who are increasingly turning to the EB-5 visa as a viable pathway to U.S. permanent residency.

However, the EB-5 program is now facing potential shifts with the introduction of the "gold card" visa proposal, announced in February 2025. Former President Donald Trump has proposed a new immigration pathway that would allow wealthy foreign nationals to obtain U.S. permanent residency by making a $5 million investment, significantly higher than the current EB-5 investment requirements. This new visa would offer immediate permanent residency and a potential path to citizenship, but with a much larger financial commitment than the EB-5 program.

While the EB-5 Reform and Integrity Act of 2022 reauthorized the EB-5 program through 2027, the proposed gold card visa raises questions about the program’s future. Investors now face the possibility of a new investment route with higher financial thresholds, which could shift the landscape of U.S. immigration policy for wealthy investors.

As the U.S. government works out the details, prospective EB-5 applicants should stay informed about how these reforms, and the gold card visa proposal, may impact their investment decisions and residency goals.

Challenges and Considerations for Indian Investors

While the EB-5 program presents an attractive alternative, there are still several factors Indian applicants must consider before pursuing it:

Investment Risks
As with any investment, there is inherent risk in the EB-5 program. Investors need to conduct thorough due diligence to ensure that the business or Regional Center they are investing in is legitimate and has a strong track record of job creation.
Processing Delays
While the EB-5 program offers faster processing times than other categories, delays are still possible. Applicants should be prepared for potential waiting periods due to changes in the program or additional scrutiny from USCIS.
Changing Immigration Policies
U.S. immigration policies are subject to change, and the introduction of new visa programs, like the “gold card” visa for wealthy investors, could affect the future of the EB-5 program. Applicants should stay informed about any policy changes that may impact their chances of obtaining permanent residency.

Book Your Free Consultation with Paperfree EB-5 Visa Experts. Get Personalized Advice and Investment Plans. Book Your Free Consultation Today!

EB5-VISA_INS_LINK_X-Google-Slides-01-10-2025_12_26_PM

Conclusion: The Future of EB-4 and EB-5 for Indian Nationals

The exhaustion of the EB-4 visa cap for FY 2025 marks a significant setback for many Indian nationals seeking U.S. green cards. However, the EB-5 Immigrant Investor Program offers a promising alternative for those looking to expedite their immigration journey.

While there are risks associated with the EB-5 program, its relatively fast processing times, the ability to include family members, and the reduced investment requirements in certain areas make it an increasingly popular choice for Indian investors. As demand for U.S. green cards continues to rise, the EB-5 program is likely to remain a key solution for those seeking to bypass long visa backlogs and secure their future in the United States.

US Green Card Crisis: EB-4 Visa Cap Reached – Exploring EB-5 as an Alternative

US Green Card Crisis: EB-4 Visa Cap Reached – Exploring EB-5 as a Viable Alternative for Indian Nationals​