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.
EB5 Visa for Indian Investors:
Unlocking Pathways to U.S. Permanent Residency
What is an EB-5 Visa for Indian Citizens?
EB5 Visa India: Key Takeaways
- EB5 requires a minimum investment of $800,000 or $1,050,000
- Mumbai handles immigrant visa processing for applicants resident in India
- For India, the Rural, High Unemployment Area, and Infrastructure set aside categories are current for April 2026
- Eligible Indian investors filing for AOS may file Form I-485 with Form I-526E and apply for work/travel permits while the case is pending
- Indian fund transfers need early planning; RBI and LRS rules can affect timing
- TDS can disrupt funding timelines
- Source of funds evidence is often a major issue; property and business proceeds need clean tracing
- Regional center loan structures face increased scrutiny
- Offshore loans to resident Indians may create FEMA compliance issues
- The Rural category is likely to face visa availability pressure as existing cases are processed
The EB-5 visa was first launched in 1990 to stimulate the US economy through job creation and capital investment. An EB-5 investor can choose to make a direct investment or invest through regional centres designed by the United States Citizenship and Immigration Services (USCIS).
📖 Read Our 2026 Guide to the EB-5 Visa
EB5 Visa Requirements for Indians
In addition to submitting the standard EB-5 I-526 and I-829 documentation, Indian investors need out be aware of other requirements.Here are the EB-5 visa requirements investors must meet to obtain an EB-5 visa:
- You must be able to prove the lawful source of your income and capital for the EB-5 investment. .
- Income from crop producing agricultural land in India is especially challenging.
- Loans taken against property in India need the sanction letter and loan agreement checked.
- ICICI bank offer a special a unique service for EB5 investors through their US Banking division.
- Any finds transferred from India must be remitted subject to FEMA and LRS, certification is required
- Properly document that Indian Income Tax Department and RBI TDS requirements have been met
- You must invest at least $800,000 in a Targeted Employment Area or $1,050,000 in other areas.
- You must invest in a qualifying new commercial enterprise.
- You must maintain the investment for at least 2 years.
- You must create at least 10 full-time jobs for qualified U.S. employees, excluding you and your family members.
📖 Read Our 2026 Guide to the EB-5 Visa
📖 Read Our 2026 Guide to the EB-5 Visa
📖 Read Our 2026 Guide to the EB-5 Visa
Benefits of EB5 Visa for Indians
Like other immigrant visas, there are certain benefits you can experience when you apply for an EB-5 visa. We have highlighted some of them below:
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Once your I526E or I526 application has been approved, you can apply for an immigrant visa to the United States.
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Before your application is approved you may be able to use “concurrent filing” to lawfully live and work in the United States while your application nis pending
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One of the benefits of an EB-5 visa is that spouses and unmarried children under the age of 21 can accompany applicants in the US.
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Investors and their families receive a conditional green card valid for 2 years. This status grants you the right to get a job or establish a business in the US, to travel visa-free to multiple countries, and to be protected by US laws.
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After 2 years, the two year condition on your conditional green card can be removed. You can apply for the right to apply for US citizenship 5 years after obtaining your conditional green card. If you want to retain your Indian roots, you can also apply for an Overseas Citizen of India (“OCI”) status and enjoy dual citizenship.
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Your children can have access to US education without restrictions, while your spouse can work anywhere.
Documents Indian Citizens Need
There are certain documents required for an EB-5 visa so you can qualify. During your application, here are some of the documents you can submit for your application:
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Your valid passport and copy of the passport. If you are going to be accompanied by your family members, a copy of their passports will also be needed
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Your marriage certificate, divorce certificates, and birth certificates of your children, if any
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Proof that you have invested or are in the process of investing the minimum investment funds
Criminal record for the past 15 years (if relevant)
A copy of previous immigration applications
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If you are using your business to source funds for EB5 then certain evidence is needed. This evidence incudes evidence of business ownership and a copy of all business licenses and relevant Business tax returns
Personal tax returns for the last 7 years
Relevant Bank statements
Evidence of other sources of capital
Financial statements
Evidence of the lawful source of the investment funds
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A detailed business plan, if you are making a direct investment or evidence that you have invested in a designated Regional Center
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If you invested in a Targeted Employment Area, Infrastructure Project or Rural Area, any evidence that the business was established in such an area
Indians of any age have an LRS allowance. To use it a PAN is required
Please take note that this is not an exclusive list and the number of documents you may submit depends on your circumstances. You can seek the services of an EB-5 visa lawyer to ensure that you submit all the relevant and required documents.
EB-5 Visa Costs for Indian Investors (2026 Overview)
The total cost of an EB-5 application depends on whether you invest through a Regional Center or pursue a Direct EB-5. Below is a summary of the main cost categories Indian investors should expect.
| Cost Category | Regional Center | Direct EB-5 |
|---|---|---|
| Investment Capital | $800,000 – $1,050,000 | $800,000 – $1,050,000 |
| USCIS Filing Fees (I-526E / I-526) | $4,675 – $21,770+ | $3,675 – $20,770+ |
| Immigration Lawyer Fees | $20,000+ | $30,000+ |
| Regional Center Admin Fee | $0 – $80,000 | N/A |
| Corporate, Business Plan & Economic Study | Included in RC Fee | $50,000+ |
| Consular / Visa Issuance Fees | $345 – $1,440 per person | $345 – $1,440 per person |
| I-829 Removal of Conditions | $3,750 – $9,525 + $85 biometrics | $3,750 – $9,525 + $85 biometrics |
| Medical Examination | $100 – $250 per person | $100 – $250 per person |
💲 Use Our EB-5 Costs and Fees Calculator
Tax Deducted at Source (TDS)
Resident Indians should take advice from a Chartered Accountant on the applicability of TDS when remitting funds for EB-5 purposes.
📖 Comprehensive Guide
EB-5 Visa vs Other U.S. Business Immigration Options for Indian Investors
Indian investors often compare the EB-5 visa with other U.S. business immigration options. In practice, however, the alternatives are more limited than many general guides suggest.
| Feature | EB-5 Visa | E-2 Visa | L-1 Visa |
|---|---|---|---|
| Available to Indian nationals | Yes | No (no treaty) | Yes |
| Requires existing business outside U.S. | No | No | Yes |
| Leads directly to a green card | Yes | No | No |
| Minimum investment required | High | Lower | No fixed amount |
| Nature of visa | Permanent (via green card) | Temporary | Temporary |
| Suitable for Indian investors seeking U.S. residence | Yes | Generally not available | Limited cases |
For Indian nationals, the comparison is usually straightforward. The E-2 visa is not easily available due to treaty restrictions, and the L-1 visa depends on an existing overseas business and does not directly provide permanent residence.
Note that Indian investors can obtain an E-2 treaty investor visa by either: (1) changing their nationality; or (2) being married to an E-2 visa holder.
As a result, the EB-5 visa is typically the most direct and reliable route for Indian investors seeking a U.S. green card through investment.
Process of EB-5 Visa
The demand for EB-5 visas increases each year, so being knowledgeable of its processes can benefit you during your application. Aside from preparing a minimum of $800,000 or $1,050,000 as your investment funds, there are different things you would need to do to jumpstart your application:
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Hire and consult with a lawyer experienced with EB-5 applications who can help you during the process
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Decide whether you will invest through an EB5 Regional Center or as a Direct Investor
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Select your Direct EB5 Project or Shortlist Regional Centers, as applicable
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Ensure that your funds transfer will be compliant with Reserve Bank of India rules, Exchange management Act (FEMA) and LRS
Document your Source of Funds
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Establish your plan for the program and make the minimum investment
File a Form I-526 application with the USCIS
File a Form I-485 or DS-260
Acquire your 2-year Conditional Green Card
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File a Form I-829 and remove the conditions on your status to acquire permanent residency.
📖 2026 Comprehensive Guide
EB-5 Visa Processing Time
Together with China India has become the world’s largest EB5 market. At the time of writing in early 2024 I526 approvals are starting to come as fast as 8 months in certain types of projects. Other types of projects can have processing times of 5-6 years, including the months of collecting the documents, filing the application, approval of petitions, and obtaining the conditional green card. Project choice is more important than ever.
Davies & Associates can help you avoid costly mistakes during your application through our experienced immigration lawyers. You can jumpstart your EB-5 journey today by requesting a free consultation.
📖 2026 Comprehensive Guide
EB5 Immigrant Investor Visa program
Where Our Indian Clients Come From
Davies & Associates has successfully represented not only Indian nationals but investors of multiple nationalities in India, Dubai, Singapore, Thailand, Japan, the UK, Australia, and Canada.
To date, we have successfully handled cases for clients from Delhi, Bangalore, Chennai, Calcutta, Mumbai, Pune, Gujarat, and Punjab with all of them receiving their investment back.
Regional Center EB-5 vs. Direct EB-5 for the Indian Investor
Many Indian investors want to control their fate by directly investing as a stand-alone investor in their own project. Statistically over the years, Direct EB-5 has proven higher risk than “Tier 1” Regional Center Investments.
Direct vs. Regional Center EB5:
Every EB5 Investor can choose either to invest in a Regional Center or make a direct investment. From our experience, many Indian investors confuse the risks and control when choosing where to invest.
Note: Since the Direct EB5 Program allows an investor to make a direct investment in their enterprise, this may tie your immigration goals to the commercial success of your business. This may be riskier than an investment in a Regional Center.
📖 Read our Guide to Direct vs. Regional Center EB-5
Complete Guide to Regional Center Vs. Direct EB-5 Investment →
Direct EB5: Investing in your Business
A direct EB5 application allows you to invest in your own US business or enterprise. Only a few law firms have experience with handling direct investments due to approximately 90% of all EB5 investments being made through Regional Centers.
As compared to investments in a regional centre, direct investments follow strict job creation requirements and count only directly created jobs. You would also need to be directly involved and committed to the day-to-day operations of the enterprise.
Davies & Associates assists Indian investors in starting and investing in US private businesses. We have successfully assisted clients from every corner of India to open, expand, and acquire EB5-qualifying businesses of multiple and varied industries.
📖 Read our Guide to Direct EB5 Investment
Regional Center EB5: Investing through a Regional Center
An EB5 investment made through a Regional Center is a simple yet effective route to acquire permanent residency in the US. It gives investors flexibility in meeting the requirements of the program, especially with the job creation requirement.
However, with over 1,000 Regional Center Registrations, there is only a small number of successful Regional Centers. We have clients who asked us to show them Regional Centers with the following qualifications:
- Repaid all the investors in multiple projects;
- Had thousands of I-526 approvals with no project-related denials;
- More than a decade of "trouble-free" history;
- I-829 approvals that extend across multiple projects with no project-related denials.
With over 600 Regional Center applications, it can be difficult to select a Regional Center that checks all the boxes for your financial goals. Click here for more information on selecting a Regional Center.
Funding your EB5 Investment:
The Reserve Bank of India ("RBI") and the
Liberalized Remittance Scheme ("LRS")
The Reserve Bank of India (RBI) rules allow Indian nationals to remit funds abroad, but over time, these rules have become more complex. Under the Liberalized Remittance Scheme (LRS), the RBI has allowed Indian nationals to remit funds out of India up to a notified limit without needing prior permission from the RBI.
However, many investors don't know that there are additional restrictions that apply. With penalties reaching 300% of the transferred amount for failure to comply with the extra restrictions, you would need expert advice when making such transactions.
Recently, the RBI has diversified the amount of capital investment Indian nationals are allowed to remit abroad using the LRS. As it stands, the limit is $250,000 per person per tax year.
In addition, those not remitting funds in compliance with RBI regulations and FEMA are increasingly subjected to visa denials at the US consulate in Mumbai.
The RBI issued a circular in July 2015 that restricts the ability of Indian nationals to remit funds abroad for investments qualified for immigration. This was however changed in February 2016, but they still need to carefully structure their funds before they remit it abroad.
If you want to access the most recent published version of RBI regulations, you can access it through the link available on our website. While we are mainly a US immigration law firm, we qualified counsels who can assist you in transferring funds for EB5 or L1 investment purposes.
You can also learn more about moving funds abroad for US investment.
Preventing Unnecessary Taxes
Before you invest in the US, we encourage you to take the appropriate advice on tax planning. Otherwise, this can result in hundreds of thousands of dollars of tax liabilities. An experienced advisor with familiarity with the terms of the dual taxation agreement between the US and India can help you.
Davies & Associates can help in making the transition from India to the US smooth for you and your family.
Obtaining Proper Advice
Since it involves an analysis of many laws and regulations, making an EB5 investment can be complex. As such, non-lawyers are not qualified to advise on EB5 investments, and any attempt to do so is considered a criminal offence in the US.
Many lawyers lack the required experience to properly advise clients concerning EB5 visas. This can unfortunately result in a disaster where investors lose all of their hard-earned money.
A qualified and experienced EB5 lawyer can properly guide you throughout your EB5 visa application and help you avoid the risks associated with the application. Davies & Associates has successfully helped all of our clients acquire an EB5 visa with all of their investments paid in full.
Processing Your Application
Your application must be filed in the US where a US-based law firm can address the questions and processes related to your application.
As it stands, all EB5 petitions are processed in Washington DC. Davies & Associates maintains an office in Washington DC where our experienced counsel can help you with your application.
You will be required to go to a consular interview at a US Consulate in India once your application has been approved. All consular interviews are either in Mumbai or Delhi. We have offices in both of these cities so we can help you with on-the-ground assistance related to your application.
With our offices based across the world, we can properly assist you concerning your application and increase your chances of getting approved.
EB-5 Visa FAQ for Indian Investors
Is there a backlog for EB-5 investors from India?
Yes and no. Unreserved EB-5 visas for Indian investors are backlogged. The post RIA set-aside categories — rural, high unemployment area, and infrastructure — are currently current for India, but they may retrogress in the future. So, a case filed today in a set-aside category may be current now, but not necessarily by the time it is adjudicated or a visa becomes available.
What is a priority date in EB-5?
Your priority date is the date your I-526E petition is filed. It determines your place in line for an immigrant visa and when you can move to the final stage of the EB-5 process.
How long does the EB-5 process take for Indian investors?
The petition stage often takes several years, and total timing depends on both USCIS processing and visa availability. For Indian investors, the overall timeline can vary significantly depending on whether the case is filed in an unreserved or set-aside category.
Are there faster EB-5 options for Indian applicants?
Potentially, yes. Rural, high unemployment area, and infrastructure set-aside categories are currently current for India, which can make them more attractive from a timing perspective. However, they are not guaranteed to remain current indefinitely.
Why do Indian EB-5 applicants face delays?
Delays are usually driven by visa demand, annual numerical limits, and per-country allocation rules. Processing times can also be affected by project choice, source of funds issues, and how the case is prepared.
Can EB-5 be faster than EB-2 or EB-3 for Indians?
In many cases, yes. For some Indian nationals, EB-5 can offer a more direct path to permanent residence than traditional employment-based categories, particularly where employer sponsorship is not ideal or long backlogs are a concern.
Can I stay in the U.S. while my EB-5 is pending?
Possibly. If you are already in the United States and otherwise eligible, you may be able to file for adjustment of status, which can also allow you to apply for work and travel authorization while the case is pending.
What is the minimum EB-5 investment amount?
The minimum investment is generally $800,000 for a qualifying targeted employment area or rural project, and $1,050,000 for a standard direct investment.
How can Indian investors reduce EB-5 waiting times?
Careful category selection matters. Filing in a set-aside category, filing early, and ensuring that the source of funds and project documentation are properly prepared can all help reduce avoidable delays.
What are FEMA and LRS considerations for Indian EB-5 investors?
Indian residents must consider both FEMA and the Liberalised Remittance Scheme when planning an EB-5 investment. Because remittance limits and banking compliance issues can materially affect timing and structure, Indian investors should plan the transfer strategy carefully and document the lawful source of funds thoroughly.
Can Indian investors use loans for EB-5 investment?
Yes, in some cases. A loan may be used for EB-5 if it is lawful, properly documented, and structured in a way that satisfies U.S. immigration requirements. However, for Indian residents, borrowing in India against property with the intention of sending the funds abroad can be legally challenging under FEMA and LRS and needs to be structured with care.
Is it lawful for an Indian resident to use a loan for EB-5?
It can be, but not every structure will work. In particular, loans secured against immovable property in India and then remitted abroad may raise Indian regulatory and banking issues, so the transaction should be reviewed carefully by Indian counsel and the remitting bank before funds are moved.
Is EB-5 still a good option for Indian investors?
For many families, yes. EB-5 can offer a direct path to U.S. permanent residence without employer sponsorship, but success often depends on choosing the right category, understanding backlog risk, and structuring the investment and source of funds correctly.
Case Study: EB-5 Success - Immigrant Visa Issued: U.S. Consulate, Mumbai
Visa Type
EB-5 Immigrant Visa
Country of Origin
India (Delhi)
Investment Path
Regional Center Program
Outcome
Visa Issued
Synopsis
A high-net-worth businessman from Delhi, India, sought to obtain permanent residence in the United States through the EB-5 program. To maximize efficiency and job-creation security, he opted for the Regional Center Program over a direct investment path.
Our team, led by Chairman Mark Davies, met with the client in India to evaluate investment options and navigate the complexities of the Source of Funds (SOF) documentation. We worked closely with the client to meticulously explain the capital path, ensuring a robust petition that stood up to USCIS scrutiny.
"The client received petition approval and was recently issued his immigrant visa by the Mumbai Consulate, allowing him and his family to begin their new life in the United States."
We are delighted to have played a pivotal role in this seamless transition and look forward to our client future success in the U.S.
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
We were one of the first US law firms operating in India, exclusively supporting Indian clients with EB5 visa applications. Over the past decade we have helped hundreds of Indian families relocate to the USA under the EB5 program. We have regularly contributed to the Indian media on the subject. Our team, located in both India and the United States, can not only advise on the US immigration compliance, but also on relevant Indian laws such as the LPS regarding taking money out of India.
Awards
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