A group of Indian green card holders looking at a computer screen and smiling.

How to Migrate to the USA From India

Many Indians seek to move to the United States for better career prospects, an enhanced standard of living, and all the other benefits of permanent residency.

In 2022 alone, more than 120,000 Indian citizens migrated to the United States. Around 2.7 million Indian immigrants call the United States home. About five million Americans are of Indian descent. You can join them.

There are several routes to immigrate to the United States. Each of these visa categories offers different advantages and disadvantages. Choosing the right one for your immigration plans is critical.

Unfortunately, some of these routes to permanent residence status are oversubscribed with Indian nationals. Mandatory caps mean you may encounter fierce competition if you apply via one of these pathways.

This article explains everything that Indian nationals need to know about immigrating to the United States, including how to do so via a reliable pathway: the EB-5 Immigrant Investor Program.

What Type of Visa Should You Choose?

A valid passport with a significant amount of money in it next to the U.S. flag, symbolizing the American dream.

The type of visa you apply for should reflect your reasons for moving to the United States.

Consider the following routes and which of them best suits your needs and desires.

Family-Based Immigration

K-1 Marriage Visa

With a K-1 visa, a foreign national may become a U.S. lawful permanent resident by marrying a U.S. citizen if they meet all eligibility criteria. This marriage must be genuine and not solely for the purpose of immigration.

The U.S. citizen must first file Form I-129F (Petition for Alien Fiancé(e)) with USCIS. The foreign national must complete the following steps:

  • Apply for a K-1 visa at a U.S. embassy or consulate.
  • Submit necessary forms, complete a medical exam, and participate in an interview.
  • Marry the U.S. citizen within 90 days of entering the United States.
  • File Form I-485 to adjust status and become a Green Card holder.
  • File Form I-751 jointly with the spouse to remove conditions on permanent residence.

💡Key Point: Understand Form I-864

Form I-864 (Affidavit of Support Under Section 213A of the INA) is an important part of the immigration process for family-based immigrants. It needs to show that an immigrant will receive sufficient financial support from a U.S. citizen or permanent resident sponsor upon entering the United States, so that they do not have to depend on government assistance.

Employment-Based Immigration

An Indian scientist with extraordinary ability working at a lab for a US employer.

Employment-based immigration offers several pathways to lawful permanent residency in the United States.

Let’s take a brief look at each one.

EB-1, First Preference

EB-1 visas are for priority workers. This category includes those with extraordinary abilities, renowned professors and researchers, and certain managers or executives from multinational companies.

EB-2, Second Preference

EB-2 visas are for professionals with advanced degrees and those of exceptional ability. Some applicants may qualify for a National Interest Waiver that waives the usual job offer and labor certification requirements.

EB-3, Third Preference

EB-3 visas are for skilled workers who have at least two years of experience or training, professionals with a bachelor’s degree or the foreign equivalent, and certain unskilled workers.

EB-4, Fourth Preference

EB-4 visas are for special immigrants, such as religious workers, employees of the U.S. government abroad, and former employees of some international organizations.

EB-5, Fifth Preference

EB-5 visas are for those who make a qualifying investment of capital in a U.S. business that creates jobs for U.S. workers. We explain what this program entails in greater detail below.

Diversity Visa Program

This is also called the “Green Card Lottery.” It provides immigrant visas to individuals from countries that have historically had low immigration rates to the United States.

Getting selected for a Diversity Visa Program Green Card is largely a matter of luck.

Dual Intent Visas: Indirect Pathways to Permanent Residence

F-1 Visa

The F-1 visa is a temporary nonimmigrant visa. However, F1 visa holders may still consider becoming U.S. permanent residents while studying in America. Indian students can convert F1 student visas to Green Cards via one of the other options listed in this section.

H-1B Visa

The H-1B visa is a dual intent visa that allows the holder to pursue lawful permanent residency.

A U.S. employer must first sponsor the foreign national to work in a specialty field such as science, technology, engineering, or math, where there are not enough qualified U.S. workers. The employer must file Form I-129.

An H-1B visa holder can bring their spouse and unmarried children under the age of 21 to the United States.

L-1 Visa

The L-1 visa is another nonimmigrant but dual intent visa that lets the holder pursue lawful permanent residency.

A multinational company with office locations in and outside of the United States may transfer managers, executives, or employees with specialized knowledge from overseas to the United States under the L1 visa. Unlike the H-1B visa, there is no annual ceiling on the number of L-1 visas that can be issued.

An L-1 visa holder can bring their spouse and unmarried children under the age of 21 to the United States.

💡Key Point: The Difference Between Immigrant and Nonimmigrant Visas

Nonimmigrants must be able to prove to the United States Citizenship and Immigration Services (USCIS) that they intend to return home, usually by maintaining a permanent residence in their home country and demonstrating other strong ties to it.

How Much Does It Cost to Immigrate to the United States?

An Indian immigrant filling out a visa application form and providing additional documentation with his passport and some money in his hand.

There is no one-size-fits-all cost to apply for an immigration visa.

Form Filing Fees

However, immigration visas usually involve form filing fees. These amounts can vary depending on the applicant’s location, whether they file a paper or online application, family status, and other factors.

The filing costs that you and/or your employer may incur for each visa type include, but are not limited to, the following:

Visa TypeForm Filing Fees
K-1$2,300
EB-1$3,540
EB-2$2,390
EB-3$2,390
EB-4$2,190
EB-5$23,125
Diversity Visa Program$330
F-1*$535
H-1B*$780
L-1*$1,385

*Nonimmigrant but dual intent visa.

What Is the Total Cost of Immigrating to the United States Under the EB-5 Program?

The main EB-5 program cost is the minimum qualifying investment of $800,000 to $1,050,000.

EB-5 Form Filing Fees

Here’s a breakdown of the common form filing fees that an EB-5 applicant will have to pay:

  • Form I-526/I-526E fee: $11,160 (an additional $1,000 fee applies to I-526E applications).
  • Form I-485 fee: $1,440.
  • Form I-829 fee: $9,525.

Note that these form filing costs change periodically.

Other EB-5 Fees

EB-5 visa applicants usually pay fees for other services too, including:

  • Partnering with a regional center.
  • Hiring an experienced immigration attorney.
  • Translation services.

Tips When Applying for Your Visa

Immigration experts explaining the visa types, required documents and immigrant visa application process to foreign workers.

The visa application process can be daunting. Review these best practices to maximize your chances of approval the first time.

  • Conduct research and confirm your eligibility.
  • Work with an experienced immigration attorney to compile relevant paperwork and comply with immigration laws.
  • Consider participating in immigration advice sessions online, over the phone, or in person.
  • Read the filing instructions carefully.
  • Fill out all paperwork accurately and comprehensively.
  • Include all required supporting documents and correct fees.
  • Carefully prepare for your visa interview if applicable.
  • Respond to any USCIS questions promptly.

If you’re thinking about becoming an EB-5 investor, it’s also wise to familiarize yourself with the main steps of the EB-5 investment process.

Why Immigrate to the United States From India?

A family of Indian citizen green card holders who successfully completed their immigration processes.

Indians immigrate to the United States for many reasons. With lawful permanent residency, they can live, work, and travel nationwide. Some of the benefits of residing in the United States include:

  • Access to a large Indian expat community.
  • Better employment prospects.
  • Improved quality of life.
  • Access to the U.S. healthcare system.
  • Access to Social Security and Medicare.
  • Access to world-class educational opportunities.
  • Residence in a country with a strong economy and political stability.
  • Improved likelihood of gaining U.S. citizenship

The EB-5 program also offers some notable benefits over an H-1B visa.

Is It Easy to Migrate to the USA From India With an EB-5 Visa?

Yes. The EB-5 visa is an excellent pathway to lawful permanent resident status in the United States for an investor with the required investment capital. The investor’s qualified family members can immigrate too. The EB-5 program has been a straightforward and relatively fast route to Green Cards for decades.

That’s a sharp contrast from many other visa programs. The H-1B program isn’t even an immigrant visa, and Indian foreign nationals will have to jump through many different hoops to become permanent residents on one of these nonimmigrant visas.

Other immigrant visas also require extraordinary abilities and awards that most people will never have.

An EB-5 Visa Can Help You Become a U.S. Citizen

After five years, EB-5 visa holders can apply for U.S. citizenship. Citizenship comes with a host of additional benefits including the following:

  • Voting Rights: Ability to vote in elections for political candidates, including the president of the United States.
  • Easier Travel: Ability to travel with a U.S. passport, improved access to other countries, and greater access to U.S. consular services and assistance while abroad.
  • Improved Job Access: Eligibility for federal government jobs open only to U.S. citizens.
  • Additional Government Assistance: Eligibility for additional educational benefits and government aid programs.
  • Family-Sponsored Visas: Ability to sponsor a wide range of family members—such as parents, brothers, sisters, and older children—and petition for asylum for close family members who face persecution abroad.
  • Estate Incentives: Enhanced tax benefits and flexibility for estate planning.
  • Reduced Chance of Deportation: Protection from being deported unless the individual obtained their citizenship through fraud.

Indians Trust EB5AN With Their EB-5 Green Card Applications

A US citizen holding up the American flag next to the EB5AN logo.

Between the improved quality of life, work, and other opportunities in the country, it’s understandable why so many Indians have emigrated to the United States.

It’s also understandable why so many of them decided to work with experienced EB-5 consulting firms to get their Green Cards. The immigration process can be tricky. It’s not something you should try to handle on your own.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Book a free call with us today to learn more about becoming a Green Card holder under the EB-5 program.

Menu