US VISAS FOR INDIAN ENTREPRENEURS, BUSINESS OWNERS AND INVESTORS - INDIAN INVESTOR VISA
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.Return to Menu
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, Return to Menu
E-2 Visas for Indian Entrepreneurs Starting a Business in America
The E-2 Treaty Investor Visa has emerged as a new trend in Indian immigration to the United states for business owners and entrepreneurs. The E-2 Visa allows a person to move to the US to invest in and run a business. This could include the acquisition of a ready-made franchise, the purchase of an existing business, or setting something up from scratch.
Family can accompany the E-2 Visa applicant to the United States. This includes any spouse and children under the age of 21. The spouse is permitted to apply for work authorization in the US. The E-2 Visa can be renewed indefinitely provided the underlying business continues to operate.
Indians are not directly eligible for the E-2 Visa because India does not hold and E-2 Treaty with the United States. We have nevertheless helped Indian entrepreneurs avail themselves of the E-2 Visa by helping them also first become citizens of countries that do hold E-2 Treaties with the United States.
The two E-2 countries with the fastest and most cost-effective pathways to citizenship are Grenada in the West Indies and Turkey. Processing times are so fast that it is feasible to be living in the United States on an E-2 Treaty Investor Visa within nine months of starting the citizenship by investment process of Grenada.
Many of our clients are Indian business owners, investors and executives looking to obtain access to the US market. We assist our clients with their plans to both expand their existing businesses in the United States and establish new businesses in the United States.Can Indian Nationals Currently Obtain an E2 Visa ?
E1 and E2 visas are not currently available to Indian nationals because India does not hold the correct treaties with the United States. We have worked with Indian clients who have obtained a third country nationality and then qualified for an E1 or E2 visa on that basis. Grenada in the West Indies and Turkey at the crossroads or Europe and Asia are the most viable options. A list of qualifying nationalities can be found by clicking here.
While E visas are non-immigrant visas they can entail significantly less investment than an EB5-based green card application. E visas do not have the requirement that L visas have for the continued operation of a qualifying business outside the United States.Return to Menu
Green Cards: EB5 Investment and Permanent Residency in the United States
Investors with $900,000.00 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 $900,000 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.Return to Menu
Can my Spouse and Dependents Work in the United States?
The ability of your spouse or children to work in the United States depends on the type of visa you obtain and the specific facts of your case. The table below outlines the GENERAL position in relation to a trailing spouse but is NOT intended to provide specific legal advice.Return to Menu
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 900,000.00 or USD 1,800,000.00|
|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.
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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.Return to Menu
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.Return to Menu Return to Menu
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.
- 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 are never be any guarantees, to-date no visa application we have prepared has ever been denied.
The U.S. Embassy and Consulates in India are located at the following addresses:New Delhi
Shanti Path, Chanakya Puri 110021
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
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-chennai-india/ Kolkata (Calcutta)
5/1 Ho Chi Minh Sarani, 700071
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
Website: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-hyderabad-india/ Return to Menu