EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 113

EB-5 Visa in the Indian Context — The Challenges Ahead The mindset of the Indian EB-5 investors when it comes to filing of new I-526 petitions, retrogression and the complexity of the at-risk investment requirement. By Vivek Tandon F or Indian investors, the EB-5 visa represents both an opportunity as well as a challenge. As demand shifts from Indians residing in the U.S. to mainland India, there are some unique challenges and issues that need to be tackled. With an average processing delay of two years between filing and approval of the I-526 petition, there was a surge in pending petitions in 2016 followed by a steady increase to more than 850 petitions as of October 2018. As one of the fastest growing major emerging economy in the world today, India is set to grow the fastest over the coming decade. Unsurprisingly, India’s millionaire- population is booming. Between 2007 and 2017, the number of millionaires in India more than doubled from 124,000 to 330,000. This figure is likely to triple, and India may well have a million millionaires by 2027. Combined reading of USCIS data of yearly new I-526 filings from India and petitions pending processing indicates visa retrogression for Indian applicants is inevitable and unavoidable. 1 2 A surging millionaire population and the general perception equating an American green card with a successful and happy life makes India an obvious market for the EB-5 visa. Despite surging demand, there are significant challenges unique to the Indian context that must be tackled effectively to ensure the EB-5 visa continues to remain popular among Indian investors. This means Indian investors applying ahead are likely to face longer processing delays through the entire EB-5 process. This is a significant challenge considering one reason for growing popularity of the EB-5 visa over other EB category applications was the excessively long wait for green card approval in the latter categories. Of course, things are not likely to be as bad as CATO New I-526 Filings FY 2017 587 QUOTA LIMIT HIT FOR INDIA — IS IT ALREADY TOO LATE FOR INDIANS? FY 2016 354 Filing of new I - 526 pe titions from India have been steadily rising through 2014 to 2017 and is likely to have continued in FY 2018 as well. FY 2015 239 FY 2014 118 Source: USCIS EB5INVESTORS.COM 113