In 2014 , Indian nationals accounted for less than 100 of I-526 filings . Last year , Indian nationals accounted for an estimated 500 or more I-526 petitions . What is driving demand ?
H-1B VISA INSECURITY
Between 2007 and 2017 , 64 percent of H-1B beneficiaries were citizens of India . The next closest country of origin , China , accounted for only 9 percent of the total . Estimates put the number of Indian nationals working in the U . S . on an H-1B visa , plus their dependents , at between 500,000 and 750,000 individuals . 1
The Trump administration ’ s “ Buy American , Hire American ” agenda has put pressure on H-1B holders from several directions . The rate of RFEs for January to August 2017 for H-1B applications increased 45 percent compared to the same period a year earlier .
Last October , USCIS advised its officers to “ apply the same level of scrutiny ” to extension requests for the H-1B visa ( among other visas ), rescinding the previous guidance that gave deference in most cases to previously approved visas . In addition , USCIS called for increased scrutiny on H-1B cases involving third-party consulting assignments in its Feb . 22 , 2018 , policy memo , PM-602-0157 .
Most ominously , the U . S . Department of Homeland Security is considering new regulations that would eliminate the AC21 benefit by which H-1B holders have been able to remain in the U . S . while waiting for their EB-2 or EB-3 green card . Although USCIS has recently reassured H-1B holders that they will not likely be deported based on the proposed regulations , USCIS ’ Chief of Media Relations noted in a statement that extensions could be requested under the new regulations , but only in oneyear increments under section 106 ( a ) - ( b ) of AC21 .
EB-2 AND EB-3 BACKLOG
Indian nationals have long relied on the EB-2 ( advanced degree / exceptional ability ) or the EB-3 ( skilled worker / professional ) visa as their primary means for obtaining U . S . permanent residency .
The per-country limits of the EB-2 or EB-3 visas have resulted in wait times of nine to ten years for Indian nationals to be eligible to file for LPR status , according to the U . S . Department of State ’ s Visa Bulletin . As discouraging as the DOS priority dates are to Indian EB-2 and EB-3 applicants , the situation , in fact , is considerably worse .
PRIORITY DATES
Priority dates for Indian EB-2 and EB-3 move slowly , and in some months , not at all , retrogressing several times . In fact , the July 2016 Visa Bulletin featured a massive four-year retrogression in EB-2 for India .
What ’ s more , one analyst who took a close look at the likely inventory of EB-2-based I-485 applications calculated wait times in the neighborhood of 100 years . 2 As stated on GCReforms . org , “ There is [ currently ] little hope for a skilled employment based worker from India to get a green card in their lifetimes due to their per-country limits .”
Employment Based China - Mainland Born India
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SCHOOL-AGE CHILDREN
Between 2007 and 2017 , 69 percent of H-1B filings were for workers ages 25 to 34 . An additional 22 percent were ages 35 to 44 . Inasmuch as these age groups encompass the prime childbearing years ( the vast majority of Indian H-1B holders are married ), a high percentage of Indian H-1B holders are residing in the U . S . with young children .
Many of these children were born in the U . S . and are already U . S . citizens . Most are in schools and have been deeply acculturated to the American way of life . India is a foreign country to most of them . One can easily imagine how keenly all members of these families wish to remain in the U . S .
INDIAN REAL ESTATE MARKET
Indian workers in the U . S . typically don ’ t have $ 500,000 in liquid funds to invest in an EB-5 visa , not to mention the $ 1-million net worth or salary levels required to be qualified as an accredited investor under U . S . securities law .
Government data indicates that 84 percent of H-1B applicants will earn less than $ 125,000 per year in their first year of work in the U . S .
Some growth in annual salary is likely , of course , but even for two-earner families , the relatively short amount of time that the families have spent in the U . S . means that few families have sufficient savings to fund an EB-5 investment by themselves . Most of the balance comes from a gift financed by the sale or mortgaging of property owned by parents or other relatives of the U . S . resident worker or spouse .
Fortunately for these investors , real estate values in India have increased greatly in recent years . A combination of new residential and commercial uses for properties that had once been agricultural , improvements in infrastructure , increases in population growth , the current enthusiasm for real estate as an investment , plus the sheer length of time the properties have been held by older Indians , have all combined to raise property values 40- to 50-fold in the last 50 years . 3
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