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 Visa Lawyer in Mumbai
OverviewEB5 for IndiansEB5 RajkotEB5 ChennaiEB5 BangaloreEB5 Adjustment of Status
EB-5 Visa Lawyers for Mumbai Investors
Often recognised as the financial centre of India, Mumbai is home to many of the entrepreneurs and professionals for whom the EB-5 immigrant investor visa is the most direct route to U.S. permanent residence. Davies & Associates has advised Indian EB-5 investors for well over a decade, working with clients from Mumbai, Pune and Southern Gujarat.
EB-5 is no longer simply an investment; it is a complex legal matter involving immigration law, source-of-funds documentation, project due diligence, and cross-border tax. Our Managing Partner, Mark I. Davies, has been recognised as a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine.
On This Page
- ► What an EB-5 Lawyer in Mumbai Does
- ► 2026 EB-5 Updates for Indian Investors
- ► Who This Page Is For
- ► Our EB-5 Process for Mumbai Clients
- ► Source of Funds for Indian Applicants
- ► EB-5 Adjustment of Status and the May 2026 Memo
- ► Direct EB-5 vs Regional Center
- ► Choosing the Right EB-5 Lawyer
- ► Areas We Serve
- ► Our Mumbai Office
- ► FAQs
What an EB-5 Lawyer in Mumbai Does
The EB-5 visa allows a foreign investor, and their spouse and unmarried children under 21, to obtain U.S. permanent residence by making a qualifying investment that creates jobs in the United States. For a Mumbai investor, an EB-5 lawyer manages the legal aspects of the case from start to finish. Our work includes:
- Eligibility and strategy review — assessing the investor against the EB-5 visa requirements and advising on the right route.
- Source-of-funds analysis — building a documented, lawful audit trail for the invested capital, in a form USCIS adjudicators recognise.
- Project due diligence — reviewing Regional Center projects, or structuring a direct EB-5 investment.
- Preparing the Form I-526E petition to USCIS standards, with full supporting evidence.
- Filing and tracking the petition, and responding to any Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
- Consular processing or adjustment of status — the final step to the conditional green card.
- Form I-829 — removing conditions on residence at the end of the sustainment period.
For a complete program overview, see our EB-5 Visa Guide and the EB-5 process walkthrough. Our guidance for Indian investors covers the issues that most often affect applicants from India.
Speak to an EB-5 Lawyer in Mumbai
Discuss your EB-5 plans with our team in a confidential consultation, in person or by video call.
+91 720 856 4057 Book a Consultation2026 EB-5 Updates for Indian Investors
USCIS Policy — May 2026
Adjustment of status discretion memo (PM-602-0199)
On 21 May 2026, USCIS issued a policy memorandum directing officers to treat adjustment of status as a discretionary, closely scrutinised decision. It does not eliminate EB-5 concurrent filing. See the adjustment of status section below.
Statutory Deadline — 30 September 2026
EB-5 grandfathering deadline
EB-5 petitions properly filed on or before 30 September 2026 qualify for statutory grandfathering protection under the EB-5 Reform and Integrity Act of 2022. Source-of-funds work and petition preparation take several months, so Mumbai investors who want the option to file by that date should plan backwards from it.
Ongoing
Visa availability and the Visa Bulletin
EB-5 visa availability for India-born applicants depends on the monthly Visa Bulletin and the category invested in. We review current availability as part of every Mumbai case. See our EB-5 program updates for the latest developments.
Who This Page Is For
- Mumbai business owners and entrepreneurs seeking U.S. permanent residence for themselves and their family.
- Senior professionals in Mumbai, Pune and Southern Gujarat considering EB-5 as an alternative to employment-based routes.
- Indian families investing so that a child can study and remain in the United States.
- Investors already in the United States on another visa, such as H-1B or L-1, considering adjustment of status.
- NRIs of Indian origin resident in the Gulf, Singapore or elsewhere, whose source of funds originates in India.
Our EB-5 Process for Mumbai Clients
For a Mumbai-originated EB-5 case, the typical sequence is:
- Initial consultation and eligibility review — in person or by video call, assessing the investor and the likely source of funds.
- Engagement letter — clear scope and fees, naming the lawyer responsible for the case.
- Source-of-funds preparation — assembling and documenting the lawful path of the invested capital.
- Project selection and due diligence, or structuring of a direct EB-5 investment.
- I-526E petition preparation and filing with USCIS, with full supporting evidence.
- Petition adjudication, including any response to an RFE or NOID.
- Consular processing at the U.S. Consulate, or adjustment of status if the investor is in the United States.
- Form I-829 to remove conditions at the end of the sustainment period.
For the full firmwide detail, see our guides to the EB-5 process, EB-5 visa costs and fees, and EB-5 visa processing time.
Source of Funds for Indian Applicants
Source of funds is the single most document-intensive part of an Indian EB-5 case. USCIS requires the investor to prove that the invested capital was lawfully obtained, with an audit trail an adjudicator can follow. USCIS does not assume that a bank balance represents lawful funds — it looks for the evidence.
Common Indian Source of Funds
- Salary and professional income, supported by Income Tax Returns and Form 16
- Business profits and dividends from an Indian company
- Sale of residential or commercial property, supported by registered sale deeds
- Gift from a family member, with the donor’s own source of funds documented
- Inheritance, supported by a will, succession certificate, or legal heir documentation
- Sale of shares, mutual funds, or other investments
In each case the documentation must be assembled into a coherent legal record, and the remittance of funds out of India must comply with the Reserve Bank of India’s Liberalised Remittance Scheme and FEMA. Our EB-5 lawyers work with the investor, and where needed their chartered accountant, to build that record.
EB-5 Adjustment of Status and the May 2026 USCIS Discretion Memo
Many Mumbai EB-5 investors are already in the United States on another visa, such as H-1B or L-1, when they decide to pursue a green card. For those investors, concurrent filing of Form I-485 (adjustment of status) alongside the EB-5 petition (the Form I-526E) can be an important route to permanent residence without leaving the country.
On 21 May 2026, USCIS issued Policy Memorandum PM-602-0199, which directs officers to treat adjustment of status as a discretionary, closely scrutinised decision rather than a routine step. The memorandum does not eliminate concurrent filing and does not repeal any statute — EB-5 concurrent filing remains available, and Congress expressly authorised it in INA § 245(n). What the memorandum changes is how an EB-5 adjustment application should now be prepared: as a thorough, well-documented legal submission rather than a routine form filing. EB-5 investors holding dual-intent status such as H-1B or L-1 are comparatively well positioned.
This makes the L-1 visa a natural companion to EB-5. The L-1 is a visa of dual intent, and many Mumbai business owners and executives first move to the United States on an L-1 before pursuing a green card. An L-1 holder who later invests through EB-5 is, under the May 2026 memorandum, comparatively well placed to adjust status from within the United States. If you are considering the L-1 route, see our L-1 Visa Lawyer in Mumbai page.
Because a significant number of our Mumbai and Indian clients adjust status from within the United States, our EB-5 lawyers review this point as part of every relevant case. For a full explanation of the memorandum and what it means for EB-5 investors, see our dedicated guide: EB-5 Concurrent Filing and the May 2026 USCIS Discretion Memo.
Many Mumbai EB-5 investors pursue the program with a child studying in the United States in mind. Where that child is on an F-1 student visa, special issues apply. The F-1 visa is not a dual-intent visa, so the May 2026 discretion memo affects an F-1 student differently from an H-1B or L-1 holder, and the timing of any adjustment of status filing needs particular care. We have prepared a short guide on this specific situation: download our EB-5 adjustment of status guide for F-1 students (PDF).
Direct EB-5 vs Regional Center
EB-5 investors choose between two broad routes, and the right choice is a decision to make with counsel:
| Feature | Direct EB-5 | Regional Center EB-5 |
|---|---|---|
| Investment | Into a U.S. business the investor actively manages | Into a USCIS-designated Regional Center project |
| Job creation | Direct W-2 jobs only | Direct, indirect and induced jobs may count |
| Investor role | Active management | Limited partner / largely passive |
| Best suited to | Entrepreneurs running a U.S. business | Investors seeking a more passive route |
Our guide to direct EB-5 explains the stand-alone route in detail. Whichever route is chosen, the source-of-funds and petition standards are the same.
Choosing the Right EB-5 Lawyer
What to Look For
- Genuine EB-5 experience — EB-5 is a specialised area; ask about the firm’s track record with Indian investors.
- A named, qualified lawyer — your engagement letter should identify the lawyer responsible for your case.
- Source-of-funds depth — the firm should be experienced with Indian documentation and RBI/FEMA remittance.
- Independence on project selection — the lawyer should help you with due diligence, not simply sell you one project.
- Cross-border capability — EB-5 touches immigration, corporate and tax law.
Our firmwide guide to selecting an EB-5 lawyer sets out these questions in full.
Areas We Serve
From our Mumbai base we advise EB-5 investors across western India, including:
- Mumbai and the wider Mumbai Metropolitan Region
- Pune
- Thane and Navi Mumbai
- Nashik
- Southern Gujarat, including Surat
- Maharashtra more broadly
We also advise EB-5 investors elsewhere in India and Indians resident overseas — see our pages for Rajkot, Chennai and Bangalore.
Our Mumbai Office
Davies & Associates works with EB-5 clients from the Mumbai, Pune, Southern Gujarat and Maharashtra areas. Our Mumbai presence lets investors meet our team in person to review source-of-funds documentation and discuss strategy.
Mumbai — Bandra Kurla Complex
Enam Sambhav, C-20, G Block, Bandra-Kurla Complex, Bandra East, Mumbai, Maharashtra 400051.
Phone: +91 720 856 4057
EB-5 for the Indian investor
FAQs: EB-5 Visa Lawyer in Mumbai
Do I need an EB-5 lawyer to apply for the EB-5 visa from Mumbai?
Working with an experienced EB-5 immigration lawyer is strongly recommended. The EB-5 process involves complex requirements around source of funds, project due diligence, the I-526E petition, and job creation. Many Regional Centers will also only accept an investor who is represented by an EB-5 lawyer known to them to be competent.
What is the September 30, 2026 EB-5 grandfathering deadline?
Under the EB-5 Reform and Integrity Act of 2022, EB-5 petitions filed on or before 30 September 2026 qualify for statutory grandfathering protection, meaning a properly filed petition received by USCIS before that date is protected if Congress later allows the Regional Center Program to lapse. Source-of-funds work and petition preparation take several months, so Mumbai investors who want the option to file by that date should plan backwards from it.
How does source of funds work for Indian EB-5 investors?
USCIS requires the investor to prove that the invested capital was lawfully obtained. For Indian investors this typically means documenting income, business profits, property sales, gifts, or inheritance, with an audit trail USCIS adjudicators can follow. Indian-specific documents such as Income Tax Returns, Form 16, sale deeds, and chartered accountant certificates are commonly used, alongside RBI and FEMA documentation for the remittance of funds.
Can I file EB-5 adjustment of status if I am already in the United States?
Yes. If a visa is immediately available, an EB-5 investor in the United States may file Form I-485 to adjust status, including concurrently with the EB-5 petition. The May 2026 USCIS discretion memo (PM-602-0199) does not eliminate concurrent filing, which Congress authorised in INA § 245(n), but it makes adjustment a more closely scrutinised, discretionary decision. Investors holding dual-intent status such as H-1B or L-1 are comparatively well positioned.
How much does an EB-5 lawyer in Mumbai charge?
EB-5 legal fees vary by the complexity of the source of funds, whether the case is a direct or Regional Center investment, and the number of family members. Legal fees are separate from the EB-5 investment itself and from USCIS filing fees. We confirm scope and fees in an engagement letter after an initial consultation. See our firmwide guide to EB-5 visa costs and fees.
What is the difference between direct EB-5 and Regional Center EB-5?
In a direct EB-5 investment the investor invests into and actively manages a U.S. business that must create the required jobs directly. In a Regional Center investment the investor invests into a USCIS-designated Regional Center project, which may count indirect and induced jobs created through the project. Each route suits different investor circumstances and is a decision to make with EB-5 counsel.
Discuss Your EB-5 Plans With Our Mumbai Team
Confidential consultations available in person or by video call.
+91 720 856 4057 Book a ConsultationAbout the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Awards
Contact Davies & Associates Offices in India
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Enam Sambhav C-20, G Block, Bandra-Kurla Complex, Mumbai 400051, Maharashtra
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+91 720 856 4057
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Looking to acquire an EB-5 Visa?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.
EB-5 Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN VisaD&A was very detail-oriented and very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.
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E2 + CBI ClientD&A was my guiding light through the entire EB-5 process.
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Parent of 2 EB-5 visa holdersI'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
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Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
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