What you Need to Know:
EB5-Visa Applications from Bangalore

As of January 1, 2013, every visa of any kind our firm has filed for a Banglore resident has been approved. All of our EB5 clients have had their capital returned on time.

To be successful with an Indian EB5 visa requires solid knowledge of not just US-based law and procedure but Indian culture, law, business practices and regulations. Compliance with the Foreign Exchange Management Act (FEMA) is critical to an EB5 program filing.

The EB5 Visa Program offers investors two options: making your investment through a Regional Center or making and managing it yourself through the Direct EB5 route. The majority of investors around the world opt for the Regional Center route because of the challenges with program compliance. However, India has a greater proportion of investors seeking Direct EB5 than any other major EB5 market. This is particularly true of our firm’s Bangalore-based investor clients, often working in the high-tech sector, who wish to invest in their own US tech business and obtain Green Cards through EB5 in the process.

Intellectual Property as an EB5 Investment

Most business owners are unaware that cash investment in a commercial enterprise is not required for the EB5 program. Under the Immigration and Nationality Act and the RIA qualifying capital investment can take a number of non-cash forms. While regional centers are unlikely to accept a non-cash investment towards the qualifying investment amount Direct EB5 applicants frequently avail themselves of this option.

Residents of Bangalore have often used non-cash investment to fund a Direct EB5 application.

Banglore residents often make significant investments in an IT business in the United States. Investments such as licensing technology to a US business or transferring intellectual property to a US entity can count as capital investment for EB5 purposes.

Multiple Green Cards from One Business

Some businesses have been able to obtain multiple US immigrant visas by coupling EB5 Direct filings with EB1A Extraordinary Ability Visas and EB1C Intercompany Transfer Visas for managers and executives.

E2 and L1 as a Bridge to EB5: The Staggered EB5

Many of our clients from Bangalore do not initially meet the investment requirements for the EB5 visa program. By investing a smaller amount, applicants may be able to obtain an E2 Visa or a New Office L1 Visa to operate their US business within a six (6) month timeframe.

If carefully structured funds invested for E2 and L1 purposes can also count towards the EB5 investment requirement. Once the EB5 investment requirement has been reached and ten full time jobs have been created the applicant becomes eligible for a Green Card through EB5.

What are Set-Asides and a Rural Area

The location where you situate your US business or where your Regional Center locates its project is crucial. Every visa year there are a fixed number of EB5 visas reserved for projects located in a "set-aside". These set asides are particularly helpful when countries exceed their visa quota.

There are three set-asides:

• Rural Area visa Set Asides - 20% of EB5 visas
• High Unemployment Set Asides - 10% of EB5 visas
• Infrastructure Set Aside - 2% of Eb5 visas

Step 1. Source of Funds and FEMA Planning.

The first step in the EB5 application process is to document where the funds to be used for your EB5 qualifying investment are to come from. This will require special attention in cases involving non-cash investment.

Step 2. Finalizing Project Selection.

Whether or not you use a regional center or direct investment you will need to establish a clear funding plan and evidence that your investment will create ten jobs.

Step 3. Filing Form I526

Once your investment in a qualifying project has been properly documented your EB5 immigration lawyer will file your I526 application. Form I-526 is essentially the application form for the EB5 visa. For D&A clients in Bangalore this means visiting our offices in Bangalore for review and signature of your I526 Petition. Once your I526 filing package has been finalized our US-based EB5 lawyer will cause your Petition to be filed with the US Citizenship & Immigration Services - USCIS.

Step 4. National Visa Center and Consular Interview

Once your I526 Petition has been approved your file will be transferred to the National Visa Center who will require you to submit certain personal documentation including a police report. Once the necessary documentation has been filed a consular interview will be scheduled.

Please note there is no US Consulate in Bangalore and you would need to travel to the US Consulate in Mumbai for the interview. While there are five US consular offices across India, only Mumbai handles EB5 applications Watch our video guide “Preparing for your EB5 interview in Mumbai” .

Step 5. Consular Interview Preparation

Our Mumbai-based visa processing lawyers are in constant contact with EB5 applicants going through the interview process in Mumbai and the staff at the US consulate in Mumbai. Our Bangalore and Mumbai teams will work with you to thoroughly prepare you for your consular interview.

Step 6. Visa Issuance

The US consulate in Mumbai will issue you with an immigration visa which is valid for six (6) months. Upon entering the United States using the immigrant visa you will automatically be in Conditional Permanent Residency Status.

D&A is the only US immigration law firm with US immigration lawyers in Bangalore. It has been our privilege for our US-based immigration lawyers to work with our Bangalore-based lawyers to serve Indian clients in Bangalore. As a result, we have realized 100% success with all of our EB5 India Visa filings for our clients residing in Bangalore and have become recognized as the leading law firm in the region.

Our Banglore team are located
Regus UB City
Level 15 Concorde Tower
UB City
1 Vittal Mallya Road
Bangalore
India 560 001

Mumbai (Bombay) (Immigrant Visa Issuance)

C-49, G-Block, Bandra Kurla Complex, Bandra East,
Mumbai 400051
Phone: (22) 2672-4000 
Click here to visit the website

Chennai (Madras) (All Blanket L1 Cases and Covers Kanataka)

220 Anna Salai, Gemini Circle, 600006
Chennai
Telephone +91-44-2857-4000
Fax: +91-44-2811-2027
Click here to visit the website