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Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
EB-5 Lawyer for Indian Investors:
RBI, LRS and Source of Funds Guidance
EB-5 for Indian InvestorsEB5 RequirementsEB5 Process
What Is the EB-5 Visa and Do Indian Investors Need a Specialist EB-5 Lawyer?
- RBI and LRS planning for EB-5 transfers
- Lawful source and path of funds documentation
- Property sale, business income, gift, and inheritance tracing
- USCIS petition strategy and consular preparation
What Is the EB-5 Visa?
The EB-5 Immigrant Investor Program is a route to U.S. permanent residence for qualifying investors, including Indian nationals. In general, the investor must make a qualifying investment in a new commercial enterprise and satisfy the program's job creation and evidentiary requirements. For many Indian families, EB-5 is one of the most direct pathways to a U.S. Green Card. Choosing the right EB-5 visa lawyer is always a critical factor in success. Where funds are being remitted from India to the U.S. an EB-5 lawyer with deep expereince with how India "works" and the Reserve Bank of India becomes paramount.📖 Read Our 2026 Comprehensive Guide for Indian EB-5
Are There Specialist EB-5 Lawyers for Indian Investors?
Yes. Indian investors often require an EB-5 visa lawyer with specific experience in source of funds, RBI and LRS rules, family wealth transfers, and project-related immigration risk. As India increasingly faces the spectre of EB-5 visa backlog and retrogression a lawyer who can clealry explain the ramification of choosing a Direct, Rural, HUA or infrastructure set-a-side project is key.Why Is the USCIS AI Initiative so Important in Indian EB-5?
Indian EB-5 cases commonly involve intense documentation. USCIS is increasingly using AI in its evidence classifier system. AI can easily spot anomolies between documents filed many years apart. Consistency and care when presenting information to USCIS is more important than ever.Our Indian Clients Around-the-World
Our Indian EB-5 clients include founders, business owners, professionals, and families pursuing EB-5 investment-based immigration.Our firm has been privileged to represent over 1,000 Indian EB-5 applicants from every region of India. Our firm's international presence has grown partly in response to the needs of our Indian clients. Our team in Singapore frequently represents Indian clients resident across South East Asia. Our firm's first Direct (Stand-Alone) EB-5 was for an Indian client resident in Australia. Our London office is well-known in the Indian community in the UK and we have served Indian families from every country in the GCC.
Why Indian Investors Trust Davies & Associates
- Award-winning EB-5 immigration counsel
- More than 1,000 media mentions worldwide
- Frequently recommended in investor and EB-5 communities
- Deep experience with Indian source of funds and remittance issues
- Known for project vetting and strategic guidance
New York Office with India Presence
Davies & Associates advises Indian investors through its New York office and India-facing presence, including Mumbai and New Delhi, with experience coordinating local banking, CA input, remittance issues, and RBI-related planning.Benefits of EB5 Visa
- India is the largest market in the world for EB5 Visa
- EB5 Visa offers work and study benefits for your children
- An qualifying family unit included in single investment
- EB5 Visa is a relatively fast route to a Green Card for Indians
- Adjustment of Status from H1B Visa to EB5 Visa
- Adjustment of Status from L1 Visa to EB5 Visa
📖 Read Our Guide to
EB-5 Immigration Lawyers Featured in Major Indian and International Media
Davies & Associates has been cited more than 1,000 times in major Indian and international media covering EB-5, investor migration, and U.S. immigration strategy.
Davies & Associates in the Media
Mark Davies Chairing an Industry Association Conference in India
Watch: EB-5 Guidance for Indian Investors on RBI, LRS, and Source of Funds
Mark Davies chairing an industry association conference in India, reflecting the firm’s standing in Indian business and investor circles.
📖 Global Coverage in Major International Media
EB-5 Immigrant Investor Visa Program
Where Our Indian Clients Come From
Through our global network Davies & Associates successfully represents Indian National EB-5 and investor clients from across every corner of India, Dubai, Singapore, Thailand, Japan, UK, Australia and Canada. We frequently file cases for clients from Delhi, Mumbai, Pune, Bangalore, Chennai, Calcutta, Gujarat and Punjab.
Overview – EB-5 Visa Attorney
For many Indian nationals the EB-5 visa program is the fastest route to a “green card.” In return for an investment of either USD 800,000 or USD 1,050,000, an Indian investor, their spouse and children under the age of twenty-one can receive permanent residency in the United States.
Recognized as the leading U.S. law firm involved in the Indian EB-5 market, D&A are well versed in the special considerations facing Indian EB-5 applicants. Obtaining the right impartial advice is critical. An EB-5 visa attorney experienced with assisting Indian EB-5 visa applicants can seamlessly guide investors through these issues.
Direct vs. Regional Center EB-5
Every EB-5 investor has to make a decision whether to apply for their EB-5 based “green card” through the Regional Center or Direct program. In our experience many Indian investors confuse the concepts of risk and control when making this decision. While the Direct EB-5 program allows an investor to invest in their own business, a direct investment can be higher risk than an EB-5 Regional Center based investment.
More on choosing between a Direct vs. Regional Center EB-5.
Direct EB-5: Investing in Your Own Business
A direct EB-5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB-5 investments being made through the Regional Center program, very few law firms have any experience with Indian Direct EB-5 applications. Davies & Associates assists investors from across India start and invest in private businesses in the United States. Our firm has assisted Indian clients from every region of India open, expand and acquire EB-5 qualifying businesses in multiple and varied industries across the United States.
More on making a direct EB-5 investment.
EB-5 Source of Funds for Indian Investors
EB-5 source of funds documentation is a critical part of an EB-5 case and one of the most common sources of RFEs, NOIDs, and denials. Attention to detail and an understanding of local taxation and business norms is essential. For investors (or parents) resident in India, documenting compliance with India’s foreign exchange regulations (commonly referred to as FEMA) is also critical.
Indian Documentation: Our Indian Lawyers
Indian documentation can be intricate. Documenting issues such as the lack of taxation records for a farmer with crop-producing agricultural land requires deep, jurisdiction-specific experience. Source of funds and FEMA compliance are key reasons that, for over a decade, we have had Indian-licensed lawyers on staff. We work with Indian EB-5 investors to organize salary records, tax returns, company documents, property sale records, gift deeds, bank statements, and transfer history into a coherent source of funds presentation that supports the petition.
FEMA and EB-5 Funding
The Reserve Bank of India (RBI) promulgates rules that allow Indian nationals to remit funds out of India. Over time, these rules have become more complex. Under the Liberalised Remittance Scheme (LRS), the RBI allows Indian residents to remit funds abroad up to a notified limit without prior permission from the RBI. However, compliance is not always as simple as remitting the maximum amount each Indian tax year — additional restrictions can apply. With penalties for noncompliance potentially reaching 300% of the amount transferred, careful planning and expert guidance are often required.
Over recent years, the RBI has varied the amount of capital that resident Indian nationals are allowed to remit outside India under the LRS. The LRS limit currently stands at USD 250,000 per person per Indian tax year.
Absent permission from the Reserve Bank of India, resident Indians are generally not permitted to remit funds directly to a regional center. Attempting to do so has led to visa refusals in Mumbai in some cases.
These rules play a central role in many Indian EB-5 cases and should be addressed early in the planning process. Our firm uses a structured approach, including specialized trust accounts, to support transfers in a way designed to meet RBI requirements.
A link to the most recent published version of the RBI regulations is available on our firm's website. While we are a U.S. immigration law firm, our firm consists of dual-qualified counsels who assist our clients transfer funds for EB-5 and L-1 investment purposes. Click here for more information on moving funds out of India.
Preventing Unnecessary Taxes
Before making any investment in the United States we strongly encourage Indian nationals to take appropriate tax planning advice. Failing to do so can result in hundreds of thousands of dollars of unnecessary tax liabilities. An experienced tax advisor should be familiar with the terms of the dual taxation agreement between the United States and India.
Davies & Associates focuses on making the transition to the United States as smooth as possible for our clients and their families.
Obtaining Proper Advice
Making an EB-5 investment is a complex matter involving the analysis of myriad laws and regulations. Unfortunately non-lawyers are not qualified to provide this advice and it is a criminal offense in the U.S. for them to attempt to do so.
Similarly many lawyers lack the sophisticated lending law and project finance experience to properly advise clients on EB-5 applications. This can result in an unmitigated disaster in which clients lose all of their money. A properly qualified and experienced EB-5 immigration lawyer can guide you through and avoid many of these risks. To date no application filed by our firm has ever been denied and no client of our firm has ever not been repaid their investment in full.
Processing Your Application
Your application MUST be filed in the United States where it can be the subject of questions and processes that a U.S.-based law firm can address for you. All EB-5 petitions are currently processed in Washington DC. For this reason, Davies & Associates maintains a presence in Washington DC where we have an experienced EB-5 professional who interacts with the U.S. government on behalf of our clients.
Once your application has been approved in the U.S., applicants resident in India will be required to attend an immigrant visa interview at a consulate in India. All consular immigrant visa interviews in India are either in Mumbai or Delhi. Davies & Associates maintains a presence in both of those cities and provides direct on-the-ground assistance to our clients.
Because Davies & Associates are based across the U.S. with capabilities in India, we are uniquely positioned to assist our clients.
U.S. Consulates in India
The United States has five embassies and consulates across India, however, only the Mumbai consulate will process EB-5 visa applications. Please be prepared to travel to Mumbai for your interview. Please view our handy video guide for what to expect at your visa interview in Mumbai below.
US Embassy in India, New Delhi
AddressShanti Path, Chanakya Puri 110021
Phone
Office: +91-11-2419-8000
Fax
Fax: +91-11-2419-8587
WebSite
US Embassy in India, New Delhi Website
US Consulate in India, Mumbai (Bombay)
AddressC-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Phone
Office: (22) 2672-4000
WebSite
US Consulate in India, Mumbai (Bombay) Website
US Consulate in India, Chennai (Madras)
Address220 Anna Salai, Gemini Circle, 600006
Phone
Office: +91-44-2857-4000
Fax
Fax: +91-44-2811-2027
WebSite
US Consulate in India, Chennai (Madras) Website
US consulate in Kolkata (Calcutta)
Address5/1 Ho Chi Minh Sarani, 700071
Phone
Office: +91-33-3984-2400
Fax
Fax: +91-33-2282-2335
WebSite
US consulate in Kolkata (Calcutta) Website
US consulate in Hyderabad
AddressPaigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003
Phone
Office: +91-40-4033-8300
WebSite
US consulate in Hyderabad Website
India is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. Learn more about Immigration Options for Indian Nationals and Businesses.
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EB-5 FAQ for Indian Investors: RBI, LRS and Source of Funds
1. Can Indian investors use the Liberalised Remittance Scheme for EB-5 investments?
Indian EB-5 applicants face unique challenges, especially around source of funds documentation, RBI regulations, and cross-border fund transfers. A lawyer experienced with Indian cases understands how to properly document assets such as:
- Business income and dividends
- Property sales
- Inherited wealth
- Gifts from family members
- Indian tax filings
Choosing a lawyer familiar with Indian financial systems significantly reduces the risk of delays or denials.
2. What documents are usually needed to prove source of funds in an Indian EB-5 case?
An EB-5 immigration lawyer manages both legal compliance and petition strategy, including:
- Filing I-526 / I-526E and I-829 petitions
- Structuring lawful source of funds
- Reviewing EB-5 project documents
- Responding to RFEs from USCIS
- Ensuring compliance with U.S. immigration law
The right lawyer also identifies risks that could impact your green card approval.
3. Can property sales, gifts, or family wealth be used for an EB-5 petition from India?
Look for lawyers who:
- Have proven experience with Indian EB-5 cases
- Understand complex financial documentation from India
- Have strong approval track records
- Do not have conflicts with EB-5 projects
- Offer transparent fees
Always ask how many Indian clients they've represented.
4. Do Indian EB-5 investors need different planning for USCIS and consular processing?
Indian applicants often have:
- Multiple income streams
- Cash-based transactions
- Family gifts or pooled funds
- Long financial histories
USCIS requires a clear and traceable path of funds, making proper documentation critical.
5. What is the minimum EB-5 investment amount?
- $800,000 in a Targeted Employment Area (TEA)
- $1,050,000 in non-TEA projects
The investment must create at least 10 full-time U.S. jobs.
6. Can an EB-5 lawyer help me choose a safe project?
Yes—but only from a legal perspective. They can:
- Review offering documents
- Identify legal risks
- Explain immigration implications
They typically do not provide financial advice, so additional advisors may be needed.
7. Should my EB-5 lawyer be independent from the regional center?
Yes. Your lawyer should:
- Represent only your interests
- Not receive commissions from projects
This avoids conflicts of interest.
8. How much does an EB-5 lawyer cost?
Legal fees typically range from $15,000 to $35,000+.
Costs depend on complexity, especially source-of-funds documentation.
9. How long does the EB-5 process take for Indian applicants?
The process includes:
- I-526 petition
- Approval
- Conditional green card
- I-829 petition after 2 years
Timelines vary depending on processing and visa availability.
10. What documents do Indian EB-5 applicants need?
Typical documents include:
- Income tax returns
- Bank statements
- Property records
- Business ownership documents
- Gift deeds
- Fund transfer records
Accuracy is critical.
11. Can I use gifted or inherited funds?
Yes—but:
- The original source must be documented
- Donor financial records may be required
Improper documentation can lead to denial.
12. What are common mistakes Indian EB-5 investors make?
- Hiring a lawyer without India experience
- Poor source-of-funds documentation
- Ignoring regulatory compliance in India
- Not reviewing investment risks
13. Should I consult multiple EB-5 lawyers?
Yes. Speaking to 2–3 lawyers helps you compare:
- Experience
- Strategy
- Communication
14. Can I apply for EB-5 while living in India?
Yes. You can apply:
- Through consular processing from India
- Or from within the U.S. if on a valid visa
15. What questions should I ask an EB-5 lawyer?
- How many Indian cases have you handled?
- What is your approval rate?
- Do you handle complex financial cases?
- Any conflicts of interest?
16. Do I need other advisors besides a lawyer?
Often yes:
- Financial advisor
- Chartered accountant in India
- Banking/remittance specialists
17. What are the biggest risks in EB-5?
- Immigration risk (denial)
- Investment risk (loss of funds)
While an immigration lawyer reduces immigration risk through thorough project and Regional Center review a structured finance or "deal lawyer" reviews a project to make sure it properly protects your capital and avoid unecessry risk. The work of a deal lawyer might include things like reviewing a lease for legal sufficiency where a property is pre-leased prior to contstruction, explaining when an inter-creditor agreement is harmful to EB-5 investors and reviewing a project for environmental issues—not financial risk.
18. How do I get started?
Schedule a consultation, share your financial background, and get a source-of-funds assessment.
19. Why is FEMA compliance important when selecting an EB-5 lawyer for Indians?
The Foreign Exchange Management Act (FEMA) governs how Indian residents can send money abroad.
An EB-5 lawyer familiar with Indian cases will:
- Ensure your fund transfers comply with FEMA
- Coordinate with Indian accountants and banks
- Align Indian documentation with U.S. immigration requirements
Non-compliance can delay or jeopardize your application.
20. How does the RBI Liberalised Remittance Scheme (LRS) impact EB-5 investments?
The Liberalised Remittance Scheme (LRS), regulated by the Reserve Bank of India, limits outward remittances.
Key considerations:
- $250,000 per person per year limit
- EB-5 investments often require multi-year planning
- Family members may contribute within legal limits
A knowledgeable EB-5 lawyer helps structure transfers to stay compliant.
21. Can an EB-5 lawyer help with RBI-related fund transfer strategy?
Yes. While they don't directly obtain approvals from the Reserve Bank of India, they:
- Guide how funds should be structured
- Coordinate with Indian advisors
- Ensure documentation matches USCIS expectations
- Help avoid inconsistencies that trigger RFEs
23. How do I choose the best EB-5 lawyer for Indian investors?
Look for experience with Indian source of funds, RBI/LRS issues, project evaluation, and a strong track record reflected in media recognition and industry reputation.
24. Can an EB-5 lawyer help evaluate investment risk?
Yes. Many investors rely on experienced EB-5 counsel to identify immigration-related risks in projects before investing.
Need Help Finding an EB-5 Lawyer for Indian Investors?
Work with professionals who understand Indian regulations, U.S. immigration law, and cross-border fund structuring to maximize your chances of success.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Why make Davies & Associates Your EB5 Visa Lawyers
- Our firm has been active in India for over a decade; in fact we were one of the first US law firms working in EB5 in India. Since then, we have helped hundreds of Indian families move to the United States through the EB5 visa program, and hundreds more families seeking other visa categories.
- We have particular experience with documenting Source of Funds for Indian EB5 applicants with a 100% success rate. Our team, located between India and the United States, acts as bridge between the cultural nuances of Indian investors and the meticulous demands of the US authorities.
- Our team of tax accountants in the US and India, help our clients prepare their remittances to comply with LRS and also to structure their tax position before they become permanent residents.
- Our team is also able to provide legal due diligence of EB5 Regional Centers and their projects upon request.
Awards
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India Office
Enam Sambhav C-20, G Block, Bandra-Kurla Complex, Mumbai 400051, Maharashtra
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New Delhi Office
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Bangalore Office
Regus UB City, Level 15, Concorde Tower, UB City, 1 Vittal Mallya Road, Bangalore 560001, India
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New Delhi Office
+91 720 856 4057
Bangalore Office
+91 720 856 4057
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New York Office World Trade Center:
1 World Trade Center, Suite 8500, New York, NY 10007
+1 212 537 9196
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New York Office E69th Street:
200 E 69th Street, 2N, New York, NY 10022
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+91 720 856 4057
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65 8012 9546
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