What is the EB5 Visas and is it available to Indians?

The EB5 Immigrant Investor Visa Program is a route to US permanent residency open to anyone from India who can meet the simple criteria.
Indian citizens can obtain a US Green Card (permanent residency) for a minimum $800,000 investment inside a Targeted Employment Area (TEA) raising to $1,050,000 outside these regions. The investment must be in a New Commercial Enterprise and it must create and maintain ten full-time American jobs. While you can investment in your own business under the Direct EB-5 route, more than 90% of Indian applicants opt to invest through the Regional Center route to assist with compliance. The money used to pay for EB-5 must be clearly itemised and must come from clean sources - our firm has helped hundreds of Indian family migrate to the US under EB5 and our teams are highly experienced in documenting Indian source of funds for EB5 Visa. You are advised to seek a consultation as soon as possible because there are only approximately 700 visas open to investor from India each year. India has been the most popular market for EB5 for the past half-decade and demand is often close to exceeding supply.

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

EB5 Immigrant Investor Visa program

Through our global network Davies & Associates successfully represents Indian National EB5 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.

For many Indian Nationals the EB5 visa program is the fastest route to a "green card". In return for an investment of either USD 800,000.00 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 US law firm involved in the Indian EB5 market, D&A are well versed in the special considerations facing Indian EB5 applicants. Obtaining the right impartial advice is critical. A EB5 visa attorney experienced with assisting Indian EB5 visa applicants can seamlessly guide investors through these issues.

Every EB5 Investor has to make a decision whether to apply for their EB5 based “green card” through the Regional Center or Direct program. In ourexperience many Indian investors confuse the concepts of risk and control when making this decision. While the Direct EB5 program allows an investor to invest in their own business a direct investment can be higher risk than an EB5 Regional Center based investment.

More on choosing between a Direct vs. Regional Center EB5.

A direct EB5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB5 investments being made through the Regional Center program very few law firms have any experience with Indian Direct EB5 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 EB5 qualifying businesses in multiple and varied industries across the United States.

Davies & Associates represents 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 businesses in multiple and varied industries across the United States.

More on making a direct EB5 Investment.

The RBI promulgates rules that allows Indian Nationals to remit funds out of India.Over time these rules have become more and more complex. Under LRS, the RBI allows Indian Residents to remit funds abroad up to a notified limit without prior permission from the RBI. However, many investors do not understand that it is not as simple as being allowed to transfer the applicable allowed amount each Indian tax year, additional restrictions apply. With penalties for failure to comply with these extra restrictions reaching 300% of the amount transferred expert advice is required.

Over recent years the RBI has varied the amount of capital resident Indian Nationals are allowed to remit outside India using the LRS. The RBI LRS limit currently stands at USD 250,000.00 per person per Indian tax year.

In July 2015, the RBI issued a circular purporting to severely restrict the ability of Indian nationals to remit funds outside of India to make an investment that qualifies that investor for Emigration purposes. In February 2016 the rule against emigration was changed, however investors need to carefully structure their funds before remitting them abroad.

A link to the most recent published version of the RBI regulations is available on our firm's website . While we are a US immigration law firm our firm consists of dual qualified counsels who assist our clients transfer funds for EB5 and L1 investment purposes. Click here for more information on moving funds out of India .

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.

Making an EB5 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 EB5 applications. This can result in an unmitigated disaster in which clients loose all of their money. A properly qualified and experienced EB5 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.

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 EB5 Petitions are currently processed in Washington DC. For this reason, Davies & Associates maintains a presence in Washington DC where we have experienced an experienced EB5 professional who interacts with the US 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 provide 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.

The United States has five embassies and consulates across India, however, only the Mumbai consulate will process EB5 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.

Mumbai interview EB5 visa - Davies & Associates International Immigration Lawyers

US Embassy in India, New Delhi
Shanti Path, Chanakya Puri 110021
Office: +91-11-2419-8000
Fax: +91-11-2419-8587
US Embassy in India, New Delhi Website
US Consulate in India, Mumbai (Bombay)
C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Office: (22) 2672-4000
US Consulate in India, Mumbai (Bombay) Website
US consulate in Hyderabad
Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003
Office: +91-40-4033-8300
US consulate in Hyderabad Website

India is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. Click here for more information about Immigration Options for Indian Nationals and Businesses

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.


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