Enjoying Work and Travel Permits Through EB-5: Kaushal and Ayushi’s Story

We’re Kaushal and Ayushi, and we moved to the United States from India in 2017 on student visas. To gain U.S. Green Cards, we recently invested in EB5AN’s Twin Lakes Georgia project.

We’re happy to announce that we’re already enjoying significant immigration benefits thanks to the EB-5 program.

Still, we understand that the EB-5 process can be confusing at first. You need to understand the best practices for EB-5 investors in order to qualify for the immigration benefits and protect your invested funds.

We wrote this post to help other EB-5 investors get started on the process and choose reliable EB-5 projects. You’ll find practical guidance on handling the source-of-funds process with overseas funds, choosing an EB-5 project and professionals to work with, and more.

As you’ll discover, making a successful EB-5 investment requires a significant amount of planning.

But we believe the peace of mind and convenience that the EB-5 visa offers—namely, the ability to live and work in the United States—is well worth it.

Our Background and Why We Chose the EB-5 Program

We are both originally from Mumbai, India. We came to the United States in 2017 to pursue our master’s degrees in engineering. We started on student visas, navigating through the OPT and CPT programs, and eventually transitioning to H-1B visas in 2020 and 2021.

We initially thought our pathway to staying in the U.S. long-term would be through the Green Card process through our employment visas. However, we quickly realized the backlog for India was incredibly long.

It restricted our options significantly, especially when we considered starting our own business or exploring different job opportunities.

The waiting period for EB-2 is notoriously long, potentially taking more than a decade. This timeline could either shrink to 5 years or expand to 50. We didn’t want to be in a position where we couldn’t travel or see our families, especially after seeing many friends struggle with this during the COVID-19 pandemic. They couldn’t visit their parents due to visa restrictions, a situation we wanted to avoid.

We decided to start exploring the EB-5 investment program when we were in our fifth year of the H-1B visa. We realized that the six-year limit on H-1B was approaching fast, and we needed a long-term solution to stay in the U.S. permanently.

By September 2022, we decided to pursue this path, gathering information and taking our first steps.

Concurrent filing for EB-5 investors allows us to live and work legally in the U.S. while waiting for our Green Cards. It also meant we could leave the country and return without risking our visa status.

This was one of the main reasons we decided to make an EB-5 investment.

Why We Chose a Rural EB-5 Project

We began our EB-5 journey by looking at different projects.

Understanding the requirements of the EB-5 program was crucial. We had to ensure that the project would create 10 jobs.

Additionally, we found that rural projects have many advantages, like access to reserved visa categories. This meant that 20% of the 10,000 visas allotted annually for EB-5 are reserved for rural projects.

This would reduce our risk of being caught in India’s visa backlog and increase our chances of obtaining permanent residency faster.

Additionally, rural projects offer faster priority processing, which means we could get our Green Card sooner. Seeing approvals for rural projects within 12 to 18 months, and sometimes even less, was very reassuring.

When looking at rural projects, we had to consider various factors. The investment amount, $800,000, is significant, especially for construction-related projects.

From my engineering background, I know that construction projects can be unpredictable. We needed a clear exit strategy for our investment. We looked at different projects and their exit strategies, whether based on the sale of houses or refinancing programs. We felt more confident with projects that had a debt structure because it seemed more secure for money repayment.

We came across different types of rural projects, such as those in the tourism and recreation sectors, mixed-use projects, and senior living facilities. We even visited a mixed-use project with a hotel, condos, and a shopping mall, but it felt too risky. We also looked at senior care facilities, which seemed more promising.

Ultimately, the project that gave us the most confidence was EB5AN’s Twin Lakes rural project, a single-family home community for active adults.

Three Main Reasons for Investing in Twin Lakes Georgia

We had three main criteria when choosing an EB-5 project. One key factor was having a loan repayment guarantee. Being part of Twin Lakes’ loan fund, this guarantee was essential for us.

The financial transparency provided by both the regional center and Kolter, the development group, was excellent. They answered all our questions about the repayment guarantee, not just through emails but with detailed financial docs and balance sheets. This transparency gave us a lot of confidence.

Another crucial factor was the progress we saw over the 6 to 10 months we were evaluating projects. We visited various projects, and Twin Lakes stood out because we saw tangible progress. People were living there and using the amenities. This showed us that the project was making steady progress. Seeing houses not just being built but also being sold was significant.

The regular sales updates we received showed the number of new home sales each month.

The third point was that all the jobs needed for our fund were already created by the Twin Lakes project—before we invested. Knowing that jobs were already created minimized the risk associated with the immigration process.

The Source-of-Funds Process With Our Immigration Attorney

We knew that the immigration attorneys were the key players in the entire EB-5 process.

They make sure that the source of funds is clean, and that you don’t get requests for evidence (RFEs) or face other questions after submitting your USCIS petitions.

We eventually learned about the Fragomen law firm. Mitch Wexler was suggested to us.

Mitch had 40 years of experience with EB-5. The Fragomen brand also had a lot of credibility. There were cheaper options and more expensive options, more experienced attorneys and less experienced ones—but having a conversation with the attorneys helped us make a good call.

If someone, be it a regional center or attorney, didn’t answer our questions, we wouldn’t go in that direction. That didn’t happen with Mitch and the Fragomen team, which was important for us.

For the source of funds, we were very satisfied with Fragomen’s due diligence. It took us almost eight to nine months to complete our source of funds. It’s time-consuming, and it’s important to factor in that time when planning an EB-5 investment.

Depending on where you get your funds from, some digging will be required, and it’s extremely important to be thorough. USCIS looks at those documents very thoroughly.

Looking back, we might have started preparing for the source of funds even earlier in the process if we had known how long it would take.

We brought some funds from overseas, which made the I-526E process more complex. We had to keep in mind the laws of both the source country and the U.S. for those funds.

USCIS requires additional documentation for overseas funds. Every country works differently, and the meaning of certain documents is different within the U.S., requiring additional information to show the source of funds. That was definitely an additional step.

One important point: creating a new bank account was a great idea for us. It kept our EB-5 funds separate from our day-to-day finances and was beneficial for our U.S. taxes.

Benefits of Work and Travel Authorization

Through concurrent filing, we were able to get an employment authorization document (EAD) and an advance parole (AP) travel document in only days.

Our EADs took only about 20 days, and our APs took about 90 days.

Having the EAD and AP really lifts a weight off our shoulders. We’re no longer limited to one employer, which gives us a sense of freedom. Now, it feels like the world is our oyster with many opportunities open to us.

With the EAD and AP, there are few—if any—limitations. We’re just waiting for our conditional Green Cards.

We can now look into various investments or academic opportunities without worrying about H-1B restrictions or needing a student visa.

The opportunities are much broader now compared to being on an H-1B or EB-3 visa. This is crucial for our personal development and travel needs.

In the current economy, things are changing across all industries, and H-1B workers can be laid off.

Now, we know we won’t have to leave the country on short notice. We can deal with changes and have more options. This gives us satisfaction and peace of mind.

Choosing a Regional Center Sponsor

We spoke to more than 6 or 7 regional centers in total. The biggest difference we saw was transparency. With EB5AN, all the documentation was clear and every number or metric we needed was provided. The response rate was high and the turnaround times were quick, so we got our questions answered fast.

We are very grateful to have come across EB5AN. The standard they set in the EB-5 industry is impressive. It gave us the confidence to embark upon this process. EB5AN’s founders, Sam and Mike, have great educational and professional backgrounds. The key information EB5AN focused on wasn’t provided by other regional centers.

The six to eight months of conversations with EB5AN were enough for us to decide to invest with them.

The ongoing information from EB5AN was also valuable. Even during the research process, subscribing to EB5AN emails kept us updated on trends and changes. For example, we first heard about a recent fee hike through an email from EB5AN.

This ongoing information helped us ask the right questions to get all the information we needed.

EB5AN stayed involved through the whole process, even after we invested. They provided information through newsletters and updates on policies and regulations. This helped us avoid surprises later on. We spoke with principals at other regional centers, but the information was often hard to get. With EB5AN, every question was answered with data, which helped us move to the next step confidently.

In regional centers, talking to the sales representatives is good. But gaining access to the principals or the founding team of a regional center is a game changer. It shows the regional center is committed to making its projects succeed.

Benefitting From EB5AN’s Transparency and Communication

We have always believed in the power of transparency and clear communication, which is why working with EB5AN has been such a positive experience for us.

When we had questions, Sam or Mike would quickly get on a call with us. They were always ready to have one-on-one conversations, which saved us from the hassle of long email chains or messages.

EB5AN has always given us up-to-date information about regulations and policies. They also have a diverse portfolio of projects, which reassured us that they are here for the long term, not just a single project.

Whenever we had questions about documents, like the PPM or subscription booklet, we could send a quick email and expect a response within 24 hours. If they needed more time, they would let us know the exact date by which we would get an answer. This level of accountability in communication was crucial for us and something we truly valued in our experience with EB5AN.

Another significant aspect was that we never felt pressured to make quick decisions.

Once EB5AN provided the information we needed, we were given enough time to do our due diligence and think things through. There was no constant pressure or urgency from their side, which we deeply appreciated.

When we looked at testimonials on EB5AN’s website, it was immensely helpful. We didn’t know many people who had gone through the EB-5 process, so it sometimes felt like a lonely journey. The testimonials allowed us to learn from others’ experiences, which we couldn’t easily find elsewhere.

Additionally, EB5AN hosts in-person events in various cities, which we found very beneficial. It was a great opportunity to meet other investors, ask questions, and learn about their approach to the EB-5 process.

Our Advice for EB-5 Investors

Our main advice is to ask a lot of questions. Don’t hesitate to ask anything and everything. As investors, it’s our right to get all the information we need.

Whether it’s the regional center, the project, or the attorney, they should all be there to help us. No question is a bad question. We asked about every detail, from the investment amount to the expected timelines and the potential risks. This helped us feel more confident in our decision.

Understanding the EB-5 process is crucial. We made sure to educate ourselves about every step. This way, we knew what to expect and could plan accordingly.

For example, knowing that the process could take more than a year helped us start early. We didn’t wait until the last minute. Instead, we began our EB-5 journey well before our H-1B was set to expire.

At first, we weren’t even considering the EB-5 option. But once we asked ourselves, “Why not?” we realized the potential benefits. The investment isn’t just money gone; it’s a pathway to permanent residency.

To succeed in our EB-5 immigration process, we did thorough research, asked questions, and learned the immigration process. We didn’t rush into it. Instead, we took our time to educate ourselves and make informed decisions.

And we are now reaping the benefits: we can work and travel internationally with few restrictions as we wait for our initial Green Cards.

As long as you do your research and ask the right questions, an EB-5 investment can be the best and fastest way to get to live and work in the United States.