EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 90

The Impact of the EB-5 Backlog for India With EB-5 visas expected to hit a backlog in mid-2019 for Indian nationals, it is still a viable option for many who are otherwise facing a long backlog in other visa categories. By Anusree Nair W hile regional centers and developers have considered India the new EB-5 frontier over the past few years, this attention was initially met with skepticism by the Indian community. However, recent changes to H-1B adjudication, a potential multi- decade wait time for India EB-2 and EB-3 has sparked the interest of Indian nationals who are using EB-5 as a viable option to their immigration woes. With the recent increase of Indian investors who are trying to avoid long waits in other employment-based or family- based categories, it is unsurprising that there is talk of a visa backlog for Indian nationals in the EB-5 category as well. Here is some basic background about why the government sets visa backlogs for some nationals 90 EB5 INVESTORS M AGAZINE of some countries, the expected India EB-5 backlog, and some questions that Indian investors should be considering when pursuing an EB-5 investment. WHY ARE THERE VISA BACKLOGS? The Immigration and Nationality Act (INA) sets limits on how many green cards can be issued in any category, whether employment- based or family- based, within each fiscal year running from Oct. 1 to Sept. 30. Under the INA, if all visas are expected to be used in any one category in a fiscal year, the government sets a per- country limit to ensure that no one country is getting more than 7 percent of the available visas. The EB-5 category receives approximately 10,000 visas per fiscal