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Taking Money out of India for US Investment and Business Growth
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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?
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.
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.
Contact Davies & Associates Offices in India
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New Delhi Office
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Regus UB City, Level 15 Concorde Tower, UB City, 1 Vittal Mallya Road, Bangalore, India 560 001
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I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.
Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
everyone helped me alot in my application especially Verdie and Etta and mark. answered all my questions, prepared my application very organised. EXCELLANT TEAM.
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.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from 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.L1B Visa Holder
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.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
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
I 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.Doctor Seeking J1 Visa Waiver
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
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