A growing number of Indian H-1B visa holders are turning to the EB-5 Immigrant Investor Program as a pathway to secure permanent residency in the United States. The surge in interest is being driven by the promise of greater certainty over immigration status and a grandfathering provision that is set to expire in September 2026.
The US Department of Homeland Security (DHS) has proposed increasing the minimum investment required for certain EB-5 projects, prompting many prospective investors to speed up their applications before any new rules come into effect.
What is changing?
Under the proposed rule, the minimum investment for projects located in high-employment (non-Targeted Employment Area) regions would increase by 33%, from $1.05 million to $1.4 million.
However, the proposal is expected to affect only new investors who have not yet started the EB-5 application process.
The investment thresholds for projects located in Targeted Employment Areas (TEAs)—which include rural and high-unemployment regions—as well as qualifying infrastructure projects, will remain unchanged at $800,000. Since most Indian EB-5 investors choose Regional Centre projects located in TEAs, many are expected to remain eligible under the existing investment requirement if the proposal is approved.
How the EB-5 program works
The EB-5 Immigrant Investor Program allows eligible foreign nationals to apply for US permanent residency by making a qualifying investment that creates jobs in the United States.
Most investors participate through Regional Centres, which pool money from multiple investors into large development projects. To qualify, investors must also create at least 10 full-time jobs for US workers.
Why Indian H-1B holders are applying now
The proposed investment increase is only one reason behind the growing demand. Many applicants are also rushing to file before September 30, 2026, when the grandfathering provision under the EB-5 Reform and Integrity Act (RIA) of 2022 expires.
Immigration attorneys say investors who submit their EB-5 petitions on or before this date will continue to receive protection under the grandfathering provision. This ensures they remain eligible for an investment-linked green card even if the Regional Centre Program is not extended in the future.
Although the Regional Centre Program is currently authorised until September 30, 2027, its long-term future will depend on whether Congress extends the programme beyond that date.
Lawyers also believe that relatively few investors may ultimately be affected by the proposed investment increase because many are already moving quickly to file before the September 2026 deadline.
Experts say most investors remain unaffected
According to Mitch Wexler, Senior Counsel at Fragomen, the proposal does not change the $800,000 investment requirement for most prospective EB-5 investors using Regional Centres in targeted employment areas. He said the proposal instead focuses on strengthening regulatory oversight and providing greater clarity on how the EB-5 program will operate.
Stronger oversight planned
The proposed rule also incorporates several provisions introduced under the EB-5 Reform and Integrity Act. If implemented, it would strengthen oversight of Regional Centres by expanding audit powers, introducing stricter compliance requirements, requiring biometrics for certain applicants and Regional Centre personnel, and tightening rules governing promoters and others involved in marketing EB-5 investments.
Public consultation underway
The DHS proposal has been released for a 60-day public comment period. After reviewing the feedback received, the department will decide whether to issue the final rule.
With the September 2026 grandfathering deadline approaching and proposed investment changes on the table, many Indian H-1B visa holders are accelerating their EB-5 applications in an effort to secure a more certain path to US permanent residency before the rules potentially become more expensive.
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