EB5 Visa for Indian Investors: Unlocking Pathways to U.S. Permanent Residency
What is an EB-5 Visa for Indian Citizens?
The EB-5 Visa is an immigrant investor visa that allows people from other
countries to go to the US by investing at least $800,000 in a Targeted
Employment Area (TEA) or $1,050,000 in other areas in the United States.
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).
EB5 Visa Requirements for Indians
There are certain requirements an investor from India must fulfil to become eligible for an EB-5 visa aside from preparing the relevant documents that you would need to submit during your application.Here are the EB-5 visa requirements investors must meet to obtain an EB-5 visa:
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You must be able to prove the lawful source of your income and capital for
the EB-5 investment.
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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.
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You must create at least 10 full-time jobs for qualified U.S. employees,
excluding you and your family members.
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
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.
Costs of EB-5 Visa
The EB-5 visa cost may differ depending on where you'll submit, but whether you'll invest in a Targeted Employment Area or not, here are the different costs of the program EB-5 investors may have to pay during their application:
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US Government Fees
Form I-526 - $3,675
Form I-829 - $3,750
Form I485 fee (for applicants inside the US)
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Immigrant Visa application (for applicants outside the US)- $345
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Direct (non-Regional Center) Applicants Only:
Corporate Legal Fees – Varies by case
Business plan expenses – typically around $ 5,000
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Regional Center Cases Only
Regional Center Admin Fee – Varies and is negotiable.
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Legal fees
Immigration (EB5) Lawyer
Investment counsel or structured real estate lawyer
Independent Financiall Advisor
Translation fees
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.
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.
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.
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.
Please take note that 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.
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.
Click here to learn more about making a 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 a 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, despite the small list:
Repaid all the investors in multiple projects;
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Had thousands of I-526 approvals with no project-related denials;
More than a decade of "trouble-free" history;
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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 click here for more information on moving funds abroad.
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.
EB5 Visa FAQs
Anyone who is over the age of 18 with no criminal record, with sufficient capital to invest, and with the ability to prove the lawful source of their income is eligible for an EB-5 visa.
Moreover, the spouse and unmarried children under 21 years old of the investor are also eligible for a derivative EB-5 visa.
As it stands, there's currently an annual limit of 10, 000 EB5 visas with each country having a limit of 700 visas. Because of this, there is a limit of 700 visas issued for Indians each year.
The processing time of an EB5 visa can take from 8 months to 5 or 6 years from preparing the relevant documents for the application to the issuance of the conditional green card. Careful project selection and documenting your case to avoid unnecessary RFEs are both essential.
According to the requirements of the EB-5 program, the investment capital can be returned to the investor after 2 years. You have the option of selling your EB-5 business as soon as it is completed or having it refinanced by a project developer. Either way, you can get the money you invested back.
According to the United States Citizenship and Immigration Services (USCIS), the average approval rate for the 3rd Quarter of 2023 is 71.7%, which is an increase from the 2nd Quarter. Meanwhile, 89% of Form I-829 petitions are approved, which is the form you file to remove conditions on your conditional green card.
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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+91 22 50323323
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Looking to acquire an EB5 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.
EB5 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 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 ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB5 Process.
EB5 Visa ClientI 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 ClientThe 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 HoldersI'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 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.
E2 Visa for Small Professional Business With International OfficesDavies & 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 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.
Doctor Seeking J1 Visa WaiverI 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.
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