Taking Money out of India for US Investment and Business Growth

Why are Regulations Concerning Taking Money out of India Something I need to be Concerned About?

Whether as a “passive” EB5 investor, an EB5 “direct investor” in your own business or an L1A Indian business owner you will need access to substantial capital in order to make an investment in the United States and receive a visa. The pertinent Indian Government regulations that control your ability to take money out of India and make on Overseas Direct Investment (“ODI”) are important to understand and can impact your your case.

Is it True that the Latest RBI Regulations Effectively Make EB5 and L Visa Investment Impossible?

No. While the latest RBI regulations do not make investment in the United States impossible, making an investment does require experienced advice. Our firm represents many investors who have successfully and lawfully planned to transfer substantial capital to the United States. This does, however, need careful planning.

Does the US Government Care How I get My Money Out of India?

While the US Government’s primary concern is to ensure that funds were legally earned prior to their investment in the United States, some officials have begun to show interest in the lawful transfer of investment funds under applicable foreign law. A successful approach therefore involves a dual understanding of both the Indian and the US regulations and how to properly present and document transfers to the US government.

US visa officials will also expect us to thoroughly document where your investment funds ultimately came from. Having worked on many successful Indian cases we realize that it is not always possible to fully document the ultimate source of all “white” money in India. Many Indian cases, for example, involve the sale for family land held for generations where documentation of the acquisition of the land no longer exists. We are experienced in how to properly present this to the US Government.

How can Davies & Associates Assist me Navigate the Indian ODI regulations?EB-5 Investment Visa for Indians

EB5 Visas

US law requires a minimum investment of either USD 500,000.00 or USD 1,000,000.00 in order to obtain an EB5 visa. As a practical matter we suggest Indian clients making a “direct” investment not utilizing a Regional Center consider evidencing a slightly higher investment.

Whether a USD 500,000.00 or USD 1,000,000.00 investment is required is determined according to whether the business is located in a “Target Employment Area” or “Rural Area” (collectively a “TEA”). If the business is located in a TEA then the required investment of USD 1,000.000 is reduced to USD 500,000.00. Many, but not all, Regional Center projects are located in TEAs and therefore require an investment of USD 500,000, as opposed to USD 1,000,000.00.

L-1 Visa for US Business

L1A Visas.

While there is no minimum investment required by law for an L1 visa you need to make sufficient investment to evidence that you have a real and viable business in the United States and that you can function as an “executive” or “manager”, or in the case of a “new office” that you can within a year. Regardless of how many employees your US business employs you are going to need to prove that you are not the person carrying out lower-level “day-to-day” tasks.

Our firm usually evidences that the investment in an L visa company is sufficient for these purposes through the use of a business plan. While as of the date of the writing of this update in August 2013 our firm has yet to have an Indian L visa application denied or issued with an RFE there is an increasing trend for the US Government to scrutinize Indian L visa applications very closely. Evidencing sufficient and meaningful investment through a well-written business plan is, therefore, in our opinion critical.

How Can Davies & Associates Help Me Evidence my Investment is Sufficient?

While you are free to develop you own plan our firm has a specialist business plan team whose sole function is to write business plans in L, E and EB5 cases. This approach teams experienced business analysts with our immigration lawyers. We have found this approach critical to success in multiple cases.

Client Reviews
Mark is one of the best things happened to me in immigration. I was very skeptical as my last attempt to obtain an L1A was a negative one through another lawyer. Mark came in and… [made] sure that the case [was refiled] successfully. Rest assured, I can vouch for his services and will recommend him highly. Indian L1 Applicant previously denied using another law firm
I have been dealing with this firm for the last several years. They got my E2 visa approved followed by my E2 visa renewal as well. They are the best immigration lawyers I have ever met….. No one can give you better service than this firm. Australian E-2 visa applicant
Several 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 Visa
Davies & Associates provided me with truly outstanding customer service 7 days a week. Technically brilliant, Davies & Associates not only successfully obtained E-2 visa status for myself and my Indian wife but also seamlessly coordinated my entire legal team, ensuring the timely completion of my acquisition." E2 Visa Applicant and Business Owner
I was qualified as a physician in a foreign country. Being on a J-1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J-1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States." Doctor Seeking J-1 Visa Waiver
My exisiting immigration lawyer, who has a global reputation in immigration law, told me that "it couldn't be done". Someone suggested I speak to Davies & Associates and they obtained the immigration benefits I wanted. I will always use this firm in the future, they are miracle workers." Small Professional Business With International Offices
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case." U Visa Applicant, A Victim of Crime
There is no question that Davies & Associates is clearly the leading E-2 visa law firm in the United States." E2 Visa Applicant and Business Owner
Extremely knowledgable, available, and reliable Mark was a god-send when dealing with USCIS. He is very experienced so he knows the ins and outs of the process, can predict response times and is very available to answer questions in a timely and friendly manner. Highly recommended to anyone trying to navigate a complicated immigration process at any stage." Syrian Marriage Based Immigrant Visa Applicant with Two Year J-1 Waiver
I highly recommend Davies & Associates LLC Mark 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." Small Business Owner and E-2 Visa Applicant