How to Apply for a Green Card as an Indian Entrepreneur

This article was last updated and fact checked on October 21, 2024 by Mani Karthik.

So, you’re an entrepreneur from India with dreams of making it big in the U.S.?

The good news is, yes—you can apply for a green card and make that dream come true.

But, the process can seem a bit tricky with all the paperwork, categories, and requirements. Don’t worry, though—I’ve got you covered.

Here’s how you can navigate the path to getting a green card as an Indian entrepreneur.

1. Understand the Green Card Categories for Entrepreneurs

The first step in this process is knowing which green card category you qualify for. As an entrepreneur, you’ll most likely fall into one of these categories:

Visa Categories:

• EB-2 (Advanced Degree or Exceptional Ability): If you have an advanced degree or exceptional ability in your field, you might qualify under the EB-2 category. This is perfect for entrepreneurs with a strong educational background or unique expertise.
• EB-5 (Immigrant Investor Visa): This is probably the most well-known option for entrepreneurs. If you’re able to invest at least $800,000 in a U.S. business (particularly in a targeted employment area), the EB-5 visa could be your ticket to a green card.
• EB-1 (Extraordinary Ability or Multinational Executive/Manager): If you’ve achieved national or international recognition for your work, or if you’re transferring to the U.S. to manage or run a multinational business, the EB-1 might be for you.

Tip: The EB-5 visa is the most popular route for entrepreneurs because it’s directly tied to your investment in the U.S. economy. But, EB-1 and EB-2 categories are worth exploring if you meet the requirements.

2. Check if You Meet the Eligibility Criteria

Each visa category has specific eligibility criteria, so it’s important to know if you qualify before diving in.

EB-5 Eligibility:

• Investment Amount: You must invest at least $1,050,000 in a U.S. business (or $800,000 in a Targeted Employment Area).
• Job Creation: Your investment must create or preserve at least 10 full-time jobs for U.S. workers.
• At-Risk Investment: Your funds need to be “at-risk,” meaning there’s no guarantee you’ll get your money back.

EB-2 and EB-1 Eligibility:

• EB-2 (National Interest Waiver): You must prove that your work has exceptional value to the U.S. economy, such as creating jobs, innovation, or advancing technology. You can apply for a National Interest Waiver (NIW) to bypass the job offer and labor certification requirements.
• EB-1 (Extraordinary Ability): You’ll need to show evidence of your achievements, like awards, publications, or leadership positions.

Tip: Gather all your documents and evidence before starting the process. It’s easier to prove eligibility when you’ve got a solid paper trail.

3. Prepare Your Investment (EB-5 Applicants)

If you’re going the EB-5 route, the investment part is key. Here’s what you need to know:

Direct vs. Regional Center:

• Direct Investment: This involves directly investing in your own or another U.S. business. You’ll need to be hands-on with managing the business and creating jobs.
• Regional Center Investment: This option allows you to invest in a government-approved regional center, which then pools funds to create jobs. It’s a more passive investment, and the center handles the job creation requirements.

How to Fund Your Investment:

• Personal Funds: You can use your own savings or assets to fund your investment, but you’ll need to prove the source of your funds (bank statements, property sales, etc.).
• Loans or Gifts: You can also use loans or gifts from family, but they must be properly documented and meet U.S. guidelines.

Tip: Most entrepreneurs choose regional centers because they’re more hands-off, allowing you to focus on other aspects of your business.

4. File the Necessary Forms

Now that you’ve determined your category and prepped your investment, it’s time for the paperwork.

Key Forms to File:

• Form I-526 (EB-5 Investors): This is the Immigrant Petition by Alien Investor form. You’ll submit it along with proof of your investment and job creation plan.
• Form I-140 (EB-1 and EB-2 Applicants): This is the Immigrant Petition for Alien Worker, where you’ll provide evidence of your qualifications, achievements, and how your work benefits the U.S.
• Form I-485 (Adjustment of Status): If you’re already in the U.S., you can file this to adjust your status to permanent resident once your petition is approved.
• Consular Processing: If you’re outside the U.S., you’ll go through consular processing by attending an interview at the U.S. embassy in your home country.

Tip: Hiring an immigration attorney can make this process smoother, as they’ll ensure your forms are correctly filled out and submitted on time.

5. Monitor Processing Times and Be Patient

The green card process can take time—especially for Indian nationals, where wait times can be longer due to country-specific quotas.

Approximate Wait Times:

• EB-5 Visa: Processing can take anywhere from 2 to 3 years, depending on the volume of applicants.
• EB-1 and EB-2 Visas: These categories can also take several years to process, especially with backlogs for Indian applicants.

Tip: Regularly check the USCIS Visa Bulletin to monitor your priority date and stay updated on when you can expect your green card approval.

Conclusion

As an Indian entrepreneur, getting a green card is possible—you just need to pick the right visa category, make the necessary investment, and be prepared for some patience along the way.

Whether you’re creating jobs through EB-5, showcasing your exceptional ability with EB-1, or contributing to the U.S. economy with an EB-2 National Interest Waiver, your entrepreneurial dreams in the USA are within reach.

Good luck! Your business and green card journey are just getting started!