How EB-5 Loan Strategy Makes U.S. Immigration Easier for Investors?

Harriny • 5/13/2025 How EB-5 Loan Strategy Makes U.S. Immigration Easier for Investors?

According to The Economic Times, the EB-5 Loan Strategy is quickly gaining traction among Indian investors especially those already investing in global assets or overseas education.

Why? Because it offers immigration without the burden of locking in your entire capital.

“The alignment of EB-5 with global portfolio diversification, particularly for those investing in dollar-based assets, is an added advantage.” – ET

If you’re already investing in overseas education, dollar-based assets, or global markets, the EB-5 Loan Strategy might be the smartest move you haven't explored yet.

Immigrating to the U.S. through conventional routes like the H-1B visa or family sponsorship is increasingly uncertain, especially for Indian nationals facing decades-long green card backlogs.

In this landscape, the EB-5 Loan Strategy is emerging as a strategic alternative for high-net-worth individuals, startup founders, and global professionals. It offers a streamlined path to U.S. residency without requiring them to tie up or risk their entire investment portfolio.

Not only does it open a direct route to a U.S. green card, but

➪ Access to U.S. Real Estate, Capital Markets & Business Networks

➪ Strategic Use of India’s Liberalised Remittance Scheme (LRS)

➪ Second Residency as a Geopolitical Safety Net

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1. What’s the EB-5 Loan Strategy?

At its core, this is a structured finance approach that lets you participate in the EB-5 program without liquidating your full $800K investment upfront. Instead of dumping cash, you use a loan model backed by assets (think real estate or marketable securities) to meet USCIS’s job creation and “at-risk” capital requirement.

To qualify,

➠ Applicants must invest in the U.S.-based enterprise and

➠ Generate at least 10 full-time jobs for American workers.

The required investment amount has changed over the years. Originally set at $500,000 for projects in Targeted Employment Areas (TEAs), it increased to $900,000 in 2019, and was later adjusted to $800,000 under the EB-5 Reform and Integrity Act of 2022.

EB-5 has become a secular solution for a wide spectrum of Indian clients, including students, professionals and business families.

2. How Does EB-5 Capital Actually Work?

EB-5 capital flows into the U.S. through a two-entity structure:

➣ New Commercial Enterprise (NCE) – This is where the foreign investor places their funds.

➣ Job-Creating Entity (JCE) – This is the project or business that uses the funds to create jobs.

The NCE channels the funds to the JCE, which then uses the capital to carry out job-creating activities. After fulfilling EB-5 requirements, the JCE returns the capital to the investor.

Must read: A Brief Introduction to EB5 Loan: Requirements, Cost and Benefits

3. Two Common EB-5 Investment Models:

1. Equity Model:

☞ The NCE takes an ownership stake in the JCE.

☞ Investors share in the project's profits and risks.

2. Loan Model:

☞ The NCE lends capital to the JCE.

☞ Investors receive fixed returns and capital repayment after a set period.

The loan strategy can actually reduce the financial risk compared to equity-only investments— if the project fails, you still have rights as a lender.

EB-5 funds are often placed in a mezzanine loan or preferred equity position but they can occupy various levels within the capital stack, depending on the project.

And here’s what most don’t realize:

Structured financing is making EB-5 more accessible than ever

➪ No need to liquidate your best-performing assets or take on unnecessary risk.

➪ With loan-based models, high-net-worth individuals can participate more efficiently

➪ Preserving wealth while securing future mobility for their families.

Forbes says that Collaborating with a skilled third-party fund administrator not only provides the required oversight but can also help those using EB-5 capital avoid regulatory pitfalls.

1. Direct path to a Green Card — no PERM, no employer sponsorship

This is one of the biggest differentiators between EB-5 and employment-based visas like H-1B, EB-2, or EB-3. The EB-5 investor visa allows you to self-petition. That means:

You don’t need an employer to sponsor your green card.
You avoid the PERM Labor Certification process
You are not tied to a specific job, employer, or industry — which is huge for professionals who want more control or who may be facing layoffs.

📝 Backed Evidence: According to USCIS.gov, “an immigrant investor may apply for a green card through the EB-5 program without a job offer.”

2. Your dependents under 21 get green cards too

When you apply under EB-5, your spouse and any unmarried children under 21 are considered derivative applicants.

They can all apply for green cards with you under the same petition — no separate employer or application is required for them.

That means:

Your kids can attend school in the U.S. with in-state tuition (depending on the state), which can save hundreds of thousands in college costs.
Your spouse can legally work without employer sponsorship.
Your whole family can immigrate together — no split timelines.

＊Even if your I-526E is pending, concurrent adjustment of status allows your dependents to get EAD (work permit) and Advance Parole (travel permit) while staying legally in the U.S.

3. Geographic freedom: Live, work, or start up anywhere in the U.S.

Unlike H-1B or L-1 visas, which tie you to specific employers, job roles, and office locations, EB-5 lets you:

Live in any U.S. state.
Switch careers, start a business, or even retire.
Enroll your kids in the best public schools (no district restrictions based on visa).

4. Early work permits possible with concurrent adjustment of status (AOS)

Since the EB-5 Reform and Integrity Act of 2022, USCIS allows investors already in the U.S. on legal status (like F-1, H-1B, or L-1) to file I-526E and I-485 (AOS) together — this is called concurrent filing.

Here’s what that means:

Within 4–6 months of filing, you and your dependents can receive:

➨ EAD (Employment Authorization Document) — work permit

➨ Advance Parole — travel permit

This allows you to work or run a business legally while your green card is still being processed.

Especially valuable for:

➨ Indian H-1B holders stuck in EB-2/EB-3 backlogs.

➨ F-1 or L-1 visa holders who want a permanent path without waiting for company sponsorship.

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How does it work for You?

Get the Green Card with half the investment.
Our loan-based model is USCIS-approved and risk-mitigated.
Start working in 3–6 months.
Spouse & kids under 21? Covered.
Built for H-1Bs, founders, executives & healthcare professionals.

📩Take advantage of your FREE call now with immigration experts

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