
On his first day back in office, Donald Trump signed several executive orders, one of which aimed to end birthright citizenship in the United States. This move sought to eliminate the legal right to U.S. citizenship for all children born on American soil, regardless of their parents’ visa or residency status.
However, on January 23, a federal judge temporarily blocked Trump’s order that sought to restrict automatic birthright citizenship. Despite the legal challenge, the potential implications have created a sense of urgency among various immigrant communities, particularly Indians working or studying in the U.S., who are now exploring pathways like the EB-5 visa to secure their residency and future in America.
The EB-5 Visa: A Pathway to Permanent Residency
The EB-5 Immigrant Investor Program provides a clear route to U.S. permanent residency. Under this program, non-U.S. citizens can obtain a green card for themselves and their immediate family members by investing a minimum of $800,000 in a qualifying project through designated regional centers. A key requirement of this program is that the investment must lead to the creation of at least 10 full-time American jobs.
“I expect a significant increase in EB-5 visa demand, especially among Indian H-1B visa holders who have long-term plans to raise their families in the U.S.,” said Parth Vakil, Founding Partner of Ek.indUS, an investment migration consultancy firm.
Rising Demand Among Indians
Indians are among the top three nationalities, alongside Chinese and Vietnamese, securing EB-5 visas. Rohit Bhardwaj, Director of Private Clients at Henley & Partners India, noted, “There could be a rush among the Indian community on H-1B visas to apply for the EB-5 program. Parents of Indian students studying in the U.S. on F-1 visas may also prioritize the EB-5 visa to ensure their children have a clear path to a green card.” Bhardwaj further added that slots in regional centers, particularly those categorized under “rural” EB-5 projects, could fill up quickly, prompting families to act faster.
Challenges Arising from the Birthright Citizenship Ban
The proposed end to birthright citizenship has sparked multiple lawsuits, with over a dozen states challenging Trump’s policy. Legal experts suggest the outcome of these cases will have wide-reaching consequences, not just for undocumented immigrants but also for those legally residing in the U.S., such as H-1B visa holders.
“The classification of H-1B visas as ‘temporary’ rather than ‘permanent’ creates significant uncertainty for families. Coupled with the decades-long green card backlog, Trump’s policy has left many scrambling for alternatives,” Vakil explained.
The EB-5 visa offers a viable solution for families affected by the green card backlog. Since 2022, concurrent filing legislation has allowed EB-5 applicants to file for Adjustment of Status alongside their visa applications, enabling them to remain in the U.S. without waiting for petition approvals.
“This program is emerging as the most reliable option for Indians on temporary visas, such as H-1B or F-1, to secure their future in the U.S.,” Vakil added. “Even if Trump’s executive order doesn’t go into effect, the green card backlog remains a pressing issue. Given the uncertainty surrounding U.S. immigration laws, demand for the EB-5 program is expected to surge.”
Long-Term Considerations for Indian Families
The potential ban on birthright citizenship could lead some families to reassess their long-term plans, including returning to India or investing in non-resident Indian (NRI) properties back home. “The idea of earning abroad but eventually returning to settle in India might become more appealing to immigrant communities,” said Rishi Tiwari, Chief Business Officer at Square Yards, a real estate marketplace.
Although faster green card options like the EB-1 visa exist, they are limited to specific categories of applicants. For most families, the EB-5 program remains a practical choice.
Impact on Real Estate Investments
The proposed changes have also raised questions about property investments in the U.S. among resident Indians. However, experts reassure that owning property in the U.S. does not require citizenship. “There’s no need for concern—buying or selling real estate in the U.S. is not contingent on citizenship status,” said Ravi Shankar Singh, Managing Director of Residential Transaction Services at Colliers India.
Conclusion
Trump’s executive order to end birthright citizenship has reignited debates around U.S. immigration policies, creating uncertainty for immigrants, particularly those on temporary visas. For Indian families seeking stability, programs like the EB-5 visa offer a promising path to permanent residency. However, the ripple effects of these policy changes may also influence decisions to return to India or explore other global opportunities. As legal battles over birthright citizenship unfold, the demand for secure immigration pathways is expected to rise.
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