India Retrogression, Now What?

The recent release of the Visa Bulletin for July 2019 included the first retrogression for EB-5 applicants from India. This has some Indian investors asking, “Now what? Is there a way around this backlog?”

One of the common ideas that comes up as a possible solution is dual citizenship. While this sounds like a good idea, it is not a solution. Unfortunately for some, the EB-5 visa has to be applied for under your country of birth. That means that if an investor was born in India and also has Canadian citizenship, they are still subject to the recent backlog.

However, there is a way around this for some investors. The EB-5 visa application covers the applicant, spouse, and unmarried children under 21. The application can also be filed by either spouse. Therefore, if an Indian family is applying for the EB-5 visa, and one spouse was born in Canada for example, they can apply under the Canadian spouse’s name. The visas would then be counted toward Canada’s allotted EB-5 visas, and they would be exempt from the India retrogression. 

Visit our site for more information on the EB-5 visa and frequently asked questions. 

Stay tuned for more EB-5 visa and US Regional Center Group updates!