What is EB5 Visa?

What is EB5 Visa India - Davies & Associates, LLC - US Immigration Lawyers The EB5 Visa Program is the name of the US residency by investment program. The primary applicant, their spouse and children under 21 can obtain Green Cards for a minimum $800,000 investment. There are only approximately 700 visas available to Indian natives each year and demand for this visa is high. If you do not meet the funding requirements, alternative US visa routes are available. If you have any questions, please contact us.

Benefits of EB5 Visa

  • One of fastest routes for Indians to obtain US permanent residency
  • An entire qualifying family unit included in one application
  • Your children are free to study in the US
  • Each member of your family is permitted to work in the United States
  • Option to invest in your own business or with a Regional Center

EB5 Immigrant Investor Visa program

Through our global network Davies & Associates successfully represents Indian National EB5 and investor clients from across every corner of India, Dubai, Singapore, Thailand, Japan, UK, Australia and Canada. We frequently file cases for clients from Delhi, Mumbai, Pune, Bangalore, Chennai, Calcutta, Gujarat and Punjab.

Every EB5 Investor has to make a decision whether to apply for their EB5 based “green card” through the Regional Center or Direct program. In our experience many Indian investors confuse the concepts of risk and control when making this decision. While the Direct EB5 Program allows an investor to invest in their own business a direct investment can be higher risk than an EB5 Regional Center based investment.

More on choosing between a Direct vs. Regional Center EB5.

A direct EB5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB5 investments being made through the Regional Center program very few law firms have any experience with Indian Direct EB-5 applications. Davies & Associates assists investors from across India start and invest in private businesses in the United States. Our firm has assisted Indian clients from every region of India open, expand and acquire EB5-qualifying businesses in multiple and varied industries across the United States.

Davies & Associates represents investors from across India start and invest in private businesses in the United States. Our firm has assisted Indian clients from every region of India open, expand and acquire businesses in multiple and varied industries across the United States.

More on making a direct EB5 Investment.

Making an EB5 qualified investment through a Regional Center can be a simple and effective route to U.S> Permanent Residency (a "Green Card"). Out of over 1,000 Regional Center Registrations there is a very small cadre of Regional Centers a solid history of success. Many of our clients ask us to introduce them to the very small list of EB5 Regional Centers which have:

  1. Repaid all the investors in multiple projects;
  2. Had thousands of I-526 approvals with no project-related denials;
  3. More than a decade of "trouble free" history;
  4. I-829 approvals extending across multiple projects with no project-related denials.

With over 600 Regional Center registrations it can be difficult to select a Regional Center. Click here for more information on selecting a Regional Center."

The RBI promulgates rules that allows Indian Nationals to remit funds out of India. Over time these rules have become more and more complex. Under LRS, the RBI allows Indian Residents to remit funds abroad up to a notified limit without prior permission from the RBI. However, many investors do not understand that it is not as simple as being allowed to transfer the applicable allowed amount each Indian tax year, additional restrictions apply. With penalties for failure to comply with these extra restrictions reaching 300% of the amount transferred expert advice is required.

Over recent years the RBI has varied the amount of capital resident Indian Nationals are allowed to remit outside India using the LRS. The RBI LRS limit currently stands at USD 250,000.00 per person per Indian tax year.

In July 2015, the RBI issued a circular purporting to severely restrict the ability of Indian nationals to remit funds outside of India to make an investment that qualifies that investor for Emigration purposes. In February 2016 the rule against emigration was changed, however investors need to carefully structure their funds before remitting them abroad.

A link to the most recent published version of the RBI regulations is available on our firm's website . While we are a US immigration law firm our firm consists of dual qualified counsels who assist our clients transfer funds for EB5 and L-1 investment purposes. Click here for more information on moving funds out of India .

Before making any investment in the United States we strongly encourage Indian Nationals to take appropriate tax planning advice. Failing to do so can result in hundreds of thousands of dollars of unnecessary tax liabilities. An experienced tax advisor should be familiar with the terms of the dual taxation agreement between the United States and India.

Davies & Associates focuses on making the transition to the United States as smooth as possible for our clients and their families.

Making an EB5 investment is a complex matter involving the analysis of myriad laws and regulations. Unfortunately non-lawyers are not qualified to provide this advice and it is a criminal offense in the U.S. for them to attempt to do so.

Similarly many lawyers lack the sophisticated lending law and project finance experience to properly advise clients on EB5 applications. This can result in an unmitigated disaster in which clients loose all of their money. A properly qualified and experienced EB5 immigration lawyer can guide you through and avoid many of these risks. To date no application filed by our firm has ever been denied and no client of our firm has ever not been repaid their investment in full.

Your application MUST be filed in the United States where it can be the subject of questions and processes that a U.S. based law firm can address for you. All EB5 Petitions are currently processed in Washington DC. For this reason, Davies & Associates maintains a presence in Washington DC where we have experienced an experienced EB5 professional who interacts with the US government on behalf of our clients.

Once your application has been approved in the U.S., applicants resident in India will be required to attend an immigrant visa interview at a consulate in India. All consular immigrant visa interviews in India are either in Mumbai or Delhi. Davies & Associates maintains a presence in both of those cities and provide direct on-the-ground assistance to our clients.

Because Davies & Associates are based across the U.S. with capabilities in India we are uniquely positioned to assist our clients.

Mark Davies's Interview at TiETV Lounge

Why make Davies & Associates Your EB5 Visa Legal Partner

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.
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2 months ago

We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.

Eduardo Salvo
Eduardo Salvo
a week ago

I received an world-class help in how to immigrate to the USA succesfully! Alex was very open to answer my questions and is definitely a professional in what he does! Strongly recommend this firm.

Birendra Kumar
Birendra Kumar
a week ago

It was great to have a first meeting with Alex Jovy on Team and were glad to have fruitful discussion. Alex in-depth knowledge and I will highly recommend Alex for these services.

Pathik Parikh
Pathik Parikh
8 months ago

As a repeat client of Davies & Associates over the years, I give my full recommendation and endorsement to the team at D&A and their services. Communication with their office is prompt, cordial and informative. I would especially like to thank Verdi Atienza for thoroughly explaining the process while answering any questions we have along the way.

Sivakumar Vageesan
Sivakumar Vageesan
7 months ago

D&A Team is very professional, highly knowledgeable, client centric, easy reachable and pays attention to every smallest detail to ensure visas are secured successfully. Mr Mark, Mr Verdie, Ms Linda, Ms Angela, Ms Sukanya, Mr Dmitriy, Mr Ervin and the whole team involved, did awesome work and I'm very thankful for their contribution. Will look forward to work with D&A for long future years.

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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.

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Looking to relocate or having trouble with a visa applicaton?

We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.

Request Free Consultation