India Overtakes China in EB-5 Visa Filings as Backlogs Grow

India filed 668 EB-5 petitions in the first quarter of fiscal year 2026, surpassing China's 649, according to the latest data. The shift reflects a growing trend among Indian nationals already in the United States on H-1B or F-1 visas who are pursuing permanent residency through the EB-5 program.

The increase is driven by a more restrictive H-1B environment, India's robust GDP growth, and AI-fueled stock gains that have boosted the wealth of Silicon Valley tech professionals. Indians make up 23% of the high-tech workforce in the U.S., and many are leveraging their financial gains to invest in EB-5 projects.

A significant number of applicants are opting for rural EB-5 set-asides, which currently have no backlog and allow concurrent filing of the I-485 adjustment of status application. This enables applicants to obtain work and travel permits quickly, offering flexibility that H-1B visa holders often lack.

The rush to file is also motivated by the September 2026 grandfathering deadline, after which changes to the EB-5 program could affect pending applications. Investors are seeking to secure their place in the queue before the rules potentially shift.

The EB-5 program requires a minimum investment in a U.S. commercial enterprise that creates or preserves jobs. For Indian nationals facing decades-long waits in other employment-based categories, EB-5 offers a faster, albeit costlier, route to a green card.