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What are Immigration Options for Indian Nationals?

India is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. There are many global immigration options for Indian business owners and their families all around the world, with the United States, the United Kingdom, Italy, Portugal, and Australia among the lead destinations for Indian immigrants. Over the past decade our firm has helped many hundreds of Indian families, businesses, entrepreneurs, workers and investors relocate to the United States through the EB-5 program, the L-1 Visa, the EB1(c) program, and the E-2 Visa via Grenada. Many other options are available and it is advisable to organize a free consultation with us to determine the best solution for you.

Global Immigration Options for Indian Business Owners & Their Family
Why are Indian Applicants Applying for US Immigration?

Why Should Indian Applicants Consider Applying for US Immigration?

  • There are multiple immigration solutions available to you, including:
  • You will have direct access to the largest economy on earth
  • You will enjoy relative freedom from bureaucracy and restrictions on business
  • You will be able to bring qualifying family members with you
  • Your spouse can either work unrestricted or apply for work authorization based upon which visa you choose
  • Your children may qualify for in-state tuition fees at US universities
  • You may apply for permanent residency (Green Card) and later possibly US citizenship.

Why should you use Davies & Associates for your move from India to the United States?

  • We have helped hundreds of Indian families move to the US over the past decade
  • You will have access to a highly experienced team for each client, comprising:
    • Local representative in India
    • US-based Immigration Lawyer
    • US-Based Corporate Lawyer
    • US-Based Tax Adviser
  • Local offices across India with local Indian staff
  • No denials for Indian clients applying for E-2 Visas or L-1 Visas
  • No denials for EB-5 Visa based upon our “Source of Funds” work
  • Turn-key solutions created upon request for Indian clients
  • Business incorporation services ensuring immigration compliance
  • Early-stage tax advice to legally mitigate your liabilities
  • Grenada CBI and E-2 Visa Services all provided inhouse as a package
  • Free initial consultations – Book yours today!

Looking for Immigration Services?

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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I own a Business in India. What are my Options in the United States?

If you own a business in India that you have worked in for over one year you may be able to obtain an L-1 non-immigrant visa by opening an office or new business in the United States. After having held an L-1 visa for one year you may then be able to apply for a "green card" as an international manager or executive through the EB1(c) program or at any time through the EB-5 program. Additional options may exist depending on your circumstances.

The experienced L1 Visa Lawyers at D&A has helped small and large businesses from multiple industries from locations across India successfully obtain L1-A and Direct EB5 visas. Our clients see us as the "go to" US law firm in this area.

a. L-1 Visa To Transfer to US for Indian Business Owners Expanding to America

Click on this Link for a more detailed explanation of the L-1 visa

The L-1 Visa is an employee transfer visa that allows staff and employees from an Indian business to transfer to the US office of the same or a related company or business entity. Both the L-1a Intercompany Transferee for Managers and Executives visa and L1-b Intercompany transferee Specialized Knowledge visas are especially popular with multinational corporations in the IT sector with a presence in both India and the USA.

The L1-Intercompany Transferee visa can also be used by Indian business owners and entrepreneurs to expand their existing business to the United States. New-Office L-1 visas allow Indian businesses seeking to do business in the US to move a manager or executive to the United States for the purpose of setting-up, establishing or growing their US business. The L-1A visa for managers and executives and the L-1B visa targets employees with specialized knowledge. Spouses can accompany an L-1 visa holder and can apply for a US work permit.

L-1 Visas for Indians are granted for an initial period up to 35 months under the Department of State’s reciprocity schedule. However, Indian L-1 visa holder can have their L1 visas renewed for up to a maximum of 7 years in the case of L-1A visas and 5 years in the case of L1-B visas. After that time, the employee would need to leave the United States or transition to a different visa.

L1 visa holders are able to change to US Permanent Residency (a “Green Card”) in a number of ways The EB1(c) Visa is the usual fit for the L-1A visa holders seeking a Green Card and the EB-3 Visa may be appropriate for the L-1B specialized knowledge employee,

b. D&A’s US L-1 Visa Lawyers In India

For almost a decade Davies & Associates has been the US law firm of choice for Indian businesspeople, Indian investors, Indian businesses and Indian entrepreneurs seeking immigration solutions and business expansion in the United States, Italy and the UK. Our E2 treaty investor visa lawyers were the first to file E2 visa applications for Indian nationals and our firm’s Indian L1 visa lawyers achieve approval rates are envied by many other law firms. Our UK business start=up visa lawyers are commonly viewed as the leading lawyers serving Indian business in the UK.

We have assisted businesses from across India to expand into and open businesses in the United States, United Kingdom and Italy.

Leave the list of office unchanged EXCEPT add Hyderabad to the right of Chandigarh.

L-1 Visas for Indian Business Owners Expanding to America

The L-1 Visa is an employee transfer visa that allows is normally used to move staff from the Indian office to the US office of the same company. It is especially popular with multinational corporations in the IT sector with a presence in both India and the USA.

However, it can also be used by Indian business owners and entrepreneurs to expand their existing business to the United States. New-Office L-1s allow you to move a manager or executive to the United States for the purpose of setting up and growing the US business. The L-1A visa for managers and executives and the L-1B visa targets employees with specialized knowledge. Spouses can accompany an L-1 visa holder and can apply for a US work permit.

L-1 Visa for Indians are granted for an initial period up to 35 months under the Department of State’s reciprocity schedule. However, they can be renewed upto a maximum of 7 years for and L-1A and 5 years for an L-1B. After that time, the employee would need to return to the United States or transition to a different visa. The EB1(c) Visa is the usual fit for the L-1A and the EB-3 Visa may be appropriate for the L-1B specialized knowledge employee,

Green Cards: EB5 Investment and Permanent Residency in the United States

Investors with $800,000.00 to invest may be able to qualify for an EB5 visa. We are experienced at guiding clients specifically looking for Indian investor visa through the EB-5 immigration maze.

EB-5 is one of the fastest routes to US permanent residency. A whole qualifying family unit could move to the United States for a single investment and many of our Indian clients choose EB-5 because of their children’s education and post-graduate work prospects.

EB-5 gives the complete freedom to live and do business anywhere in the United States. The minimum investment of $800,000 must be made in a Targeted Employment Area. By investing with a reputable Regional Center and doing due diligence on the investment project, you will maximise the chance of having your capital returned and minimize any risks to your Green Card.

While there are many issues that have to be addressed when applying for a visa, in our experience a common issue with Indian applicants is the ability to prove the source of the invested funds. We also caution all potential EB5 investors to be extremely cautious when choosing a regional investment center to work with.

The most challenging part of the application process is demonstrating the source of funds used to pay for the EB-5 investment and also remitting those funds out of India. Davies & Associates has been present in the Indian EB-5 sector for almost a decade. Our American attorneys are familiar with the unique circumstances of Indian applicants and we have never had a case denied on Source of Funds.

Our local India-based staff can advise on tax and remittance issues. Liberalised Remittance Scheme (LRS) of the Bank of India and Foreign Exchange Management Act (FEMA) restrict how much money a person can take out of India each year to $250,000. Our team can help troubleshoot this issue to ensure enough money can be paid for EB-5 in a legally compliant way.

More information on the EB5 visa process can be obtained by clicking here.

USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in project orchestrated by Regional Centers.

The EB-5 program experienced only limited change and reform over the following three decades, despite calls from all stakeholders to improve the program to create longer-term certainty for investors. In November 2019, the US government made some changes to the EB-5 program. This included stricter rules around Targeted Employment Areas (TEA) and increasing the minimum investment amounts to $800,000 and $1,050,000. This was ostensibly to take account of inflation since the price had not been increased since the early 1990s.

UK Immigration Solutions for Indian Business Owners

Many Indians have family or friends in the United Kingdom and there is a long-held trend of immigration between the two countries. Indian business owners can move to the United Kingdom to expand their business under the Sole Representative Visa. Indian entrepreneurs can move to the UK to start or incubate a new and innovative business under the Start Up Visa or the Innovator Visa. The business needs to be innovative, scalable and viable. There are many different UK visas, contact us to learn more.

Read more about UK Visas

Italy Immigration Solutions for Indians

Our firm welcomes a small but growing number of Indians who are interested in moving to Italy to live and work. Italy offers a variety of visas and tax benefits to Indians. The Elective Residency Visa offers residency to anyone who can prove that they have €32,000 per year from sources outside of Italy. The Italian government also has a residency-by-investment program for people wishing to settle in the country and offers tax benefits to pensioners and high-net worth individuals. Italy also has the famous €1 home program, which offers cheap old homes to people in depopulated areas provided they agree to renovate them. Indians who have been resident in Italy for ten years can apply for Italian citizenship.

Read more about Italian immigration options

Comparison Summary of Key Visas Available to Indian and Pakistani Small Business Owners, Investors and Entrepreneurs

L-1 Visas H-1B Visas E-Visas EB-5 Visas
Visa available to Indian nationals
Visa available to Pakistani nationals
Ability of dependent Spouse to work in US
Can the visa be renewed into perpetuity assuming I re-qualify?
Minimum investment Required Sufficient to operate valid foreign business and US office or business entity N/A Sufficient to fund business enterprise, generally around USD 100,000.00 Either USD 800,000.00 or USD 1,050,000.00
Immigrant visa status
Can lead to green card after one year

Transition to green card status through EB5 program possible

EbB-5 visa initially issued for a conditional two year period.

Why Should an Indian National Choose Davies & Associates as their US Immigration Lawyers?

  • Understanding. For over fifteen years we have worked with Indian nationals and understand their needs and culture.
  • Location. While much of your paperwork will need to be filed in the United States, some of it may need to be filed with your local consulate in India. Through our locations in the United States and India we maintain a presence in both locations and are ideally positioned to assist you.
  • Languages. We offer services in Hindi, Gujarati, Tamil, Kaneda and Punjabi.
  • Excellence. Given our knowledge and understanding of Indian clients we are able to craft unique solutions narrowly tailored to meet the needs of Indian nationals. We believe we produce the very best immigration solutions available.
  • Results. While there can never be any guarantees, we are proud of the success our clients have enjoyed.

The U.S. Embassy and Consulates in India are located at the following addresses:

New Delhi
Shanti Path, Chanakya Puri 110021
Telephone: +91-11-2419-8000
Fax +91-11-2419-8587
Website: https://www.embassy-worldwide.com/embassy/embassy-of-united-states-in-new-delhi-india/
Mumbai (Bombay)
C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Telephone: (22) 2672-4000
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-mumbai-india/
Chennai (Madras)
220 Anna Salai, Gemini Circle, 600006
Telephone: +91-44-2857-4000
Fax +91-44-2811-2027
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-chennai-india/
Kolkata (Calcutta)
5/1 Ho Chi Minh Sarani, 700071
Telephone: +91-33-3984-2400
Fax +91-33-2282-2335
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-kolkata-india/
Hyderabad
Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003
Telephone: +91-40-4033-8300
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-hyderabad-india/
Non-Resident Indians NRIs More Details on the L1 Visa

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.

Speak to us today
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