US Visas for Indian Entrepreneurs, Business Owners and Investors: 2025 Complete Guide

Updated: November 2025, including the 05 November 2025 USCIS Policy Manual Update - Author: Sukanya Raman, Head of India Practice, Davies and Associates, Bangalore, India

The United States continues to be one of the most sought-after destinations for Indian entrepreneurs, business owners and investors who wish to expand internationally, diversify their global footprint, secure wealth and create opportunities for their families. With the US market offering stability, depth, strong legal protections and access to capital, Indian clients increasingly consider a US visa strategy as a core component of their long-term global planning.



This comprehensive guide has been prepared specifically for Indian nationals, including those resident in India and those residing in Singapore, and outlines the principal US visa options available in 2025, including updated policy guidance arising from the 05 November 2025 USCIS Policy Manual Update.

The guide also addresses critically important RBI and FEMA outward remittance rules, TDS and tax considerations, and India-specific source-of-funds documentation practices, all of which directly impact the success of EB-5, L-1, E-2 and other investment- and business-based US visa categories.

Why Indian Entrepreneurs Choose the United States

Indian entrepreneurs and investors are playing an increasingly significant role in the US economy. The US offers a unique combination of market access, infrastructure, legal certainty and entrepreneurial opportunity. More than ever before, Indian companies are acquiring US businesses, setting up subsidiaries, transferring executives, and making long-term investments in the United States.

Strong and Growing Indian Investment in the United States

The expansion of Indian investment into the US is not theoretical; it is backed by hard data.

• A Confederation of Indian Industry (CII) survey across 163 Indian companies found that Indian investment into the US now exceeds USD 40 billion, generating approximately 425,000 American jobs.
  Source:
  https://economictimes.indiatimes.com/news/company/corporate-trends/163-indian-companies-invest-40-billion-in-us-create-4-25-lakh-jobs-cii/articleshow/99993219.cms
• Earlier survey results showed more than USD 22 billion of cumulative Indian FDI into the US by 2020, creating more than 125,000 US jobs.
  Source:
  https://www.ibef.org/research/case-study/indian-companies-pump-22-billion-in-us-as-fdi-cii-survey

Indian businesses have therefore transitioned from initial exploratory investments to deep, multi-state, multi-sector US integration. This has been matched by a dramatic rise in Indian investor and entrepreneur usage of US immigration pathways.

High US Visa Usage by Indian Nationals

Indian nationals consistently represent one of the most active applicant groups for US employment- and investor-based visas.

H-1B Visas

• Indian nationals received 72.3% of all H-1B visas issued between October 2022 and September 2023.
  Source:
  https://economictimes.indiatimes.com/nri/work/indian-nationals-received-over-72-pc-of-all-h1b-visas-issued-from-oct-2022-sept-2023-govt/articleshow/117997429.cms
• In FY2014, more than 101,800 H-1B visas were issued through the US Mission in India alone.
  Source:
  https://travel.state.gov/content/dam/visas/Straight%20Facts%20on%20US%20Visas%20in%20India.pdf

EB-5 Investor Visas

• In FY2024, Indian nationals obtained 733 EB-5 visas via consular processing.
  Source:
  https://khandelwalaw.com/annual-number-of-visas-issued-through-eb5/
• From 1 October 2023 to 31 May 2024, Indian investors secured 512 EB-5 visas, reflecting ongoing demand from Indian families.
  Source:
  https://www.financialexpress.com/business/investing-abroad-us-eb-5-visa-issuance-to-indian-investors-declined-by-22-only-4-visas-were-issued-in-may-3544634/

L-1 Visas

• In FY2014, India accounted for 17,200+ L-1 visas, or close to 30% of global issuances for that year.
  Source:
  https://travel.state.gov/content/dam/visas/Straight%20Facts%20on%20US%20Visas%20in%20India.pdf

Indian companies are therefore among the largest global users of the L-1 category, given the enormous volume of India-US business integration.

05 November 2025 USCIS Policy Manual Update — Key Points for Indian Applicants

The November 2025 Policy Manual update introduced clarifications and refinements that significantly affect Indian entrepreneurs and investors.
Key improvements include:

• clearer definitions of executive capacity and managerial capacity, affecting L-1A and EB-1C
• improved standards for reviewing multi-layered financial structures, common among Indian families and businesses
• broader acceptance of digital financial records, widely used in India
• enhanced expectations for source-of-funds and path-of-funds documentation
• streamlined review of investment-based filings, including EB-5 and E-2
• expanded verification procedures for foreign corporate documentation, directly relevant to India-based entities

For Indian applicants—who often rely on complex corporate structures, inter-family transfers, multiple income sources and diverse financial instruments—these updates make proper documentation and strategic planning even more important.

Major Visa Options for Indian Entrepreneurs in 2025

Below is an overview of the most relevant US visa pathways for Indian nationals in 2025. Each heading is hyperlinked to your in-depth practice-area page.

EB-5 Investor Visa (Permanent Residency)

Also see our Singapore-resident EB-5 guide:
https://usimmigrationadvisor.sg/eb5-visa-guide/
The EB-5 Program provides permanent residency (a US Green Card) to investors who make a qualifying investment and create at least ten full-time US jobs.

2025 EB-5 Minimum Investment Requirements

• USD 800,000 — TEA (Targeted Employment Area)
• USD 1,050,000 — Non-TEA

Why EB-5 Is Popular Among Indian Investors

• permanent residency pathway for the whole family
• passive investment options through regional centers
• no daily business management requirement
• favourable visa bulletin conditions for India in 2025

India-Specific EB-5 Considerations

• property sales (often multiple historical transactions)
• inter-family gifts, inheritance and partition arrangements
• business profits, retained earnings and dividends
• fixed deposits, mutual funds and long-term investments
• tracing funds through Indian banks and across borders
• RBI and FEMA outward remittance compliance under LRS

L-1 Visa (Business Expansion from India)

Also see our Singapore L-1 guide:
https://usimmigrationadvisor.sg/l1-visa-guide/
The L-1 visa enables Indian companies to transfer executives, managers and specialized-knowledge employees to a related US entity.

Common Indian Use Cases

• setting up a new US subsidiary or branch office
• transferring leadership to manage US operations
• expanding IT, manufacturing, trading or consulting companies
• building a track record for an EB-1C multinational manager green card

Why L-1 Works Well for Indian Businesses

• no statutory minimum investment
• flexible for new-office setups
• dual intent (compatible with future green card plans)
• widely accepted for India-based multinational structures

The November 2025 USCIS update further clarifies the boundaries of “executive” and “managerial” roles—making proper organisational structuring essential.

E-2 Visa (Via Treaty Citizenship)

Also see our Singapore E-2 guide:
https://usimmigrationadvisor.sg/e2-visa-guide/
Because India is not an E-2 treaty country, Indian nationals typically qualify for the E-2 visa by obtaining citizenship of countries such as Grenada or Turkey.

Benefits of the E-2 Visa

• lower capital requirement (often USD 120,000–300,000)
• fast processing
• spouse receives unrestricted US work authorization
• flexible options for business ownership and management
• renewable indefinitely

E-2 is increasingly used by Indian entrepreneurs as a bridge strategy, particularly when combined with early business expansion via L-1 or long-term EB-5 planning.

RBI, FEMA and the Transfer of Capital Out of India

A significant portion of unsuccessful Indian EB-5, E-2 and L-1 new-office cases fail not because of USCIS issues, but because Indian exchange-control compliance was not properly executed.
Understanding the interaction between the US immigration system and India’s RBI/FEMA framework is essential.

Liberalised Remittance Scheme (LRS)

Most individual investors remit funds under LRS.
Key features include:

• annual USD 250,000 limit per Indian resident
• funds may be used for foreign investments, business setup, property purchases and EB-5 qualification
• each family member has a separate USD 250,000 limit
• documentation must match US source-of-funds requirements

Overseas Direct Investment (ODI)

When Indian companies invest in US subsidiaries or acquisitions, the investment generally falls under the ODI framework.
ODI is commonly used for:

• establishing an L-1 qualifying US subsidiary
• funding US expansion or acquisition opportunities
• corporate participation in EB-5 qualifying enterprises

ODI requires compliance with:

• valuation norms
• share acquisition rules
• annual performance reports
• sector-specific caps (in some industries)

TDS and Indian Tax Considerations

Tax Deducted at Source (TDS) issues arise in many Indian-origin investments.
Key points include:

• TDS may apply to certain outward remittances
• reduced or nil TDS may be available with proper documentation
• remittances funded from property sales or capital gains must comply with Indian tax rules
• DTAA provisions may reduce tax burden

Ensuring Full India–US Compliance

Indian nationals investing or expanding into the US must coordinate:

• RBI/FEMA compliance
• Indian tax and TDS obligations
• US immigration documentation
• US legal and corporate structuring

Davies & Associates regularly coordinates with Indian chartered accountants and tax advisers to ensure fully compliant capital movement and clean evidentiary trails for USCIS.

Comparing Visa Options for Indian Entrepreneurs

Visa	Residency	Investment	Ideal For	Notes
EB-5	Yes	USD 800k–1.05M	Investors & families	Direct Green Card
L-1	Path to EB-1C	None	India-based companies expanding to US	Suitable for new and existing offices
E-2	Renewable	120k–300k	Hands-on entrepreneurs	Requires treaty citizenship
O-1	No automatic residency	None	High-achievement founders	Strong for tech/startup profiles
H-1B	Dual intent	None	Professionals/entrepreneurs	Lottery-based

Source-of-Funds Requirements for Indian Nationals

USCIS requires EB-5 and E-2 investors to document:

1. Lawful source of funds
2. Clear path of funds

Common Indian sources include:

• sale of real estate
• retained business earnings
• share redemptions and capital gains
• inter-family gifts
• inheritance
• fixed deposits and mutual funds

The November 2025 USCIS update recognises:

• electronic banking systems
• digital statements and audit trails
• detailed CA-certified financial summaries

This aligns well with Indian documentary practices—but only when coordinated properly.

Process Timeline for Indian Entrepreneurs

Typical stages include:

1. Strategic Consultation

Understanding your business background, family objectives, global plans and capital structure.

2. Corporate and Financial Structuring

Mapping US goals with Indian RBI, FEMA and tax requirements.

3. Documentation and Evidence Preparation

Business plans, source-of-funds, path-of-funds, entity formation, job descriptions and projections.

4. USCIS Filing and Adjudication

Including responses to RFEs where needed.

5. Consular Processing and Interviews

Preparation for interviews at Mumbai, Delhi, Chennai, Hyderabad, Kolkata or Singapore.

6. Post-Approval Support

Setting up US operations, renewals, compliance and eventual green card transition.

Case Studies from Indian Clients

Hyderabad — EB-5 Real Estate Investor

An investor liquidated multiple rental assets, documented capital gains and TDS, and used LRS to remit USD 800,000 into a TEA regional-center project. The family obtained conditional permanent residence.

Coimbatore — L-1A Manufacturing Expansion

A family-owned industrial group formed a Texas subsidiary under the ODI rules, remitted capital accordingly, and secured an L-1A new-office approval for the Managing Director.

Ahmedabad — E-2 via Grenada

A founder acquired Grenadian citizenship, invested ~USD 150,000 in a consulting and technology venture, secured an E-2 visa, and moved with family. The spouse obtained unrestricted employment authorization.

Frequently Asked Questions

Did the November 2025 USCIS Update Make Immigration More Difficult?

Not for well-prepared applicants. It clarified standards and improved predictability, especially regarding managerial/executive definitions and source-of-funds documentation.

Which Is the Fastest Route into the US for Indian Entrepreneurs?

Typically L-1 or E-2, depending on business model and treaty citizenship. EB-5 is the best permanent-residency solution but takes longer.

Can Spouses Work in the US?

Yes—L-2 and E-2 spouses receive unrestricted work authorization.

Is EB-5 Still Attractive for Indian Investors?

Yes. India remains in a favourable visa-bulletin position, and the 2022 Reform and Integrity Act improved investor protections.

Why Work With Davies & Associates

Davies & Associates has one of the world’s most specialised practices for Indian entrepreneurs and investors. Our team:

• integrates US immigration law, Indian tax law, and RBI/FEMA compliance
• has offices and partner networks across India, Singapore, the Middle East, UK and US
• regularly handles EB-5, L-1, E-2, O-1, EB-1C and corporate structuring
• works with Indian family offices, promoters, UHNW individuals and SMEs

We understand both the US regulatory system and the Indian financial and regulatory backdrop, making us uniquely suited to serve Indian clients.

Next Steps

To develop a tailored US immigration strategy, we begin with:

• your business and financial profile
• your family’s US goals
• your available capital
• your remittance and compliance position under Indian law

From there, we prepare a structured, compliant and strategic cross-border pathway.
Contact Davies & Associates for a personalised consultation.

Legal Authorities

• 8 CFR:https://www.ecfr.gov/current/title-8
• Immigration and Nationality Act (INA):
  https://www.uscis.gov/laws-and-policy/immigration-and-nationality-act
• USCIS Policy Manual:
  https://www.uscis.gov/policy-manual

Foreign Affairs Manual (FAM):
https://fam.state.gov

Frequently Asked Questions (FAQ)