The shift in the US birthright citizenship policy brought in by President Donald Trump, where children of immigrants may no longer automatically gain citizenship, could prompt many Indians to rethink their future plans, say experts.
In his first day back at the helm, Trump issued a flurry of executive orders, one of which was to end birthright citizenship.
This would do away with the legal right to American citizenship granted to all children born within US territory, irrespective of their parents’ visa or residency status.
In the latest development, a federal judge on January 23 temporarily blocked Trump's executive order curtailing the right to automatic birthright citizenship in the US.
However, amid the recent changes, resident Indians or those working or studying in the US looking to get the US green card may rush to apply for the EB-5 visa to ensure a clear path to US citizenship.
Among the clearest routes to the US permanent residency is the EB-5 visa, which enables a non-US person to secure a green card through investment.
The EB-5 Immigrant Investor Program allows a non-US investor applicant and their immediate family members to gain US permanent residency status and receive a Green Card. Through the EB-5 program, the qualified applicant invests a minimum of $800,000 into a project, via regional centres within the US, and the investment must lead to the creation of more than 10 American jobs.
“I expect a sharp uptick in EB-5 demand, especially from Indian H-1B visa holders who planned on raising their kids and building their family’s future in America,” said Parth Vakil, Founding Partner of Ek.indUS, an investment migration consultancy firm.
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Data shows that Indians are among the top three nationalities along with Chinese and Vietnamese in receiving the EB-5 Visa.
Rohit Bhardwaj, Director, Private Clients at Henley & Partners India, said, “There can be a possible rush among the Indian community living in the US on the H1-B Visa to apply for the EB-5 Visa. From India, the kids who are currently studying on the F-1 Visa, their parents might look at EB-5 Visa as a priority to get surety on the green card opportunity for their kids. There is a also possibility that people applying for the EB-5 Visa may find slots getting filled up quickly at the regional centres, especially under the ‘rural’ classification of EB5 projects. They may have to take their decisions now more quickly.”
Coming to the ban on birthright US citizenship, lawsuits against Trump’s policy change have already been filed by more than a dozen states, and it remains to be seen how these legal battles will play out.
Experts feel that it was entirely expected for the new administration to take strong measures against illegal immigration, but the impact of Trump’s executive order to end birthright citizenship extends far beyond those who entered the US illegally.
This would affect even those residing in America legally, such as H-1B visa holders, due to the “temporary” classification of their visas as opposed to “permanent” green cards. Also read | 2025 will be the year of accumulation, best time to be an investor, says Mirae's Swarup Mohanty
“Taking into consideration the decades-long Green Card backlog for immigrants on employment-based visas such as H-1B, Trump’s ban has left many families scrambling for a solution. Of those who entered the US legally and with valid visa status, Indians are one of the most highly affected groups,” said Vakil.
As per the expert, the 2022 legislation allowing for concurrent filing will further drive demand amongst H-1B and F-1 (student) visa holders, as the EB-5 route enables an investor applicant to file for Adjustment of Status in conjunction with their EB-5 visa application, without having to wait for their visa petition to be approved.
“This (EB-5 visa) is likely the premier option for Indians in the US on temporary visas (e.g., H-1B, F-1, etc.) to eliminate the risk of disruption to their future in America. Even if Trump’s executive order does not go into effect, the green card backlogs still remain for H-1B and other temporary visa holders. Given all the uncertainties around how US immigration laws will change during Trump’s presidency, demand for the EB-5 immigrant investor program is poised to grow,” Vakil said.
Further, industry experts feel that with the ban on birthright citizenship, some families might consider returning to India or investing in NRI (non-resident Indian) properties in India as a long-term strategy.
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“The model of earning abroad but eventually returning and settling in India might resonate more strongly among H1-B holders and other immigrant communities due to this change. Although there are options for faster green card processing through EB-1 visas, which extend benefits to spouses and children, this remains a pathway for select individuals,” said Rishi Tiwari, Chief Business Officer, Square Yards, a real estate marketplace.
Apart from Indians looking at the US citizenship, there are many resident Indians who have bought properties in the US.
The recent statements on birthright citizenship have created apprehension amongst resident Indians in the country. A big question that has arisen pertains to investing and owning property.
“There is no need for worry, given that buying and selling of real estate in the US does not require one to be a citizen,” said Ravi Shankar Singh, Managing Director, Residential Transaction Services, Colliers India.
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