EnglishMark 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.
Table of Contents
- ► What Is the EB-5 Visa and Do Indian Investors Need a Specialist EB-5 Lawyer?
- ► Benefits of EB-5 for Indian Investors
- ► Why Use Davies & Associates
- ► EB-5 Immigrant Investor Visa Program
- ► Funding Your EB-5 Investment: RBI and LRS
- ► Preventing Unnecessary Taxes
- ► Processing Your Application
- ► U.S. Consulates in India
- ► Frequently Asked Questions (FAQ)
What Is the EB-5 Visa and Do Indian Investors Need a Specialist EB-5 Lawyer?
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.📖 Read Our 2026 Comprehensive Guide for Indian EB-5
Are There Specialist EB-5 Lawyers for Indian Investors?
Yes. Some immigration lawyers have substantial experience representing Indian investors in EB-5 matters. That experience can be important because Indian EB-5 cases often involve issues that require more than a standard filing strategy, especially where the case includes cross-border fund transfers, family wealth documentation, or timing concerns.Why Do Indian EB-5 Cases Often Require Specialist Experience?
Indian EB-5 cases commonly involve India-specific issues such as source of funds documentation, remittance planning, and visa availability strategy. These matters need to be handled carefully and presented clearly. A specialist EB-5 lawyer for Indian investors can help structure the case properly from the outset, reduce avoidable delays, and prepare a stronger filing.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 Attorneys Featured in Leading Indian Media
Our insights on U.S. investment immigration and the EB-5 visa have been featured in some of India's most respected business and financial publications, reflecting our deep experience advising Indian investors, entrepreneurs, and families.
Davies & Associates in the Media
📖 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.
Funding Your EB-5 Investment: The Reserve Bank of India (“RBI”) and the Liberalised Remittance Scheme (“LRS”)
The RBI promulgates rules that allow 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 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 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 Visa Lawyer for Indians – Frequently Asked Questions (FAQ)
1. Why do Indian investors need a specialized EB-5 visa lawyer?
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 does an EB-5 visa lawyer actually do for Indian investors?
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. How do I find the best EB-5 lawyer for Indian applicants?
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. Why is “source of funds” more complex for Indian investors?
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)
A lawyer reduces immigration risk—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
22. Why is LRS and source-of-funds planning critical for EB-5 success?
EB-5 requires both:
- Lawful source of funds (U.S. requirement)
- Legal transfer of funds (Indian requirement)
Misalignment between the two—especially under Foreign Exchange Management Act (FEMA) and LRS—can cause delays or denials.
An experienced EB-5 lawyer ensures both sides are properly handled.
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.
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