The EB-5 Visa (also known as the EB-5 Immigrant Investor Program) is a U.S. immigration pathway. It grants permanent resident status to investors who create American jobs through lawful investment.
For Indian entrepreneurs, professionals, and families, it offers:
Access to world-class education
Global mobility for the entire family
Long-term U.S. residency and security
Under the EB-5 Reform and Integrity Act of 2022, 32% of annual EB-5 visas are reserved for three set-aside categories — Rural, High-Unemployment Area, and Infrastructure. These categories currently remain available for Indian investors even while the standard (unreserved) category is backlogged, which is why most Indian EB-5 investors now file in a set-aside category.
Offer qualified immigrant investors and their families a direct route to U.S. permanent residency
The EB-5 program is administered by U.S. Citizenship and Immigration Services (USCIS) under Section 203(b)(5) of the Immigration and Nationality Act.
Why the EB-5 Visa Appeals to Indian Investors
Advantage
Description
Direct Path to a Green Card
No employer sponsorship required; eligibility based on capital investment and job creation.
Family Included
Spouse and unmarried children under 21 gain the same residency rights.
Educational Access
Children study in the U.S. at in-state tuition rates.
Business Freedom
Investors may manage a business or remain passive.
Permanent Residency Security
Transition from conditional Green Card to full lawful permanent residence after job creation proof.
Pathway to Citizenship
Eligible for U.S. citizenship after five years as a permanent resident.
EB-5 Investment Models
Investors can choose between Direct Investment and the Regional Center Program. Both routes satisfy the same job creation requirements but differ in structure and management.
Feature
Direct Investment
Regional Center Investment
Control
Investor manages daily operations
Passive investment in a managed project
Job Creation
Must prove direct jobs on payroll
May count indirect and induced jobs
Documentation
Detailed business plan and payroll evidence
Economic models via regional centers
Risk / Return
More control, potentially higher risk
Diversified projects, lower management effort
Best For
Entrepreneurs expanding to the U.S.
Families seeking passive residency option
Davies & Associates helps clients evaluate both paths and select credible investment projects that meet immigration and financial goals. Schedule a Consultation
Core EB-5 Requirements
To qualify for EB-5, an investor must meet USCIS eligibility and evidence requirements, including the investment amount, job creation, and a documented lawful source of funds.
Minimum investment: USD 800,000 in a Targeted Employment Area (TEA) or rural area; USD 1,050,000 elsewhere.
Job creation: At least 10 full-time jobs for qualified U.S. workers.
Lawful source of funds: Capital must be legally obtained and properly documented.
At-risk investment: Funds must remain invested for the conditional period.
All sources must be supported by clear financial records.
Davies & Associates maintains a 100 percent approval rate on EB-5 petitions regarding source-of-funds documentation. Learn more about requirements here.
The EB-5 Visa Process Step by Step
Stage
Description
Form / Agency
Approx. Time
1 - Initial Consultation
Determine eligibility and select Regional Center or Direct Investment project.
-
1-2 months
2 - Source-of-Funds Review
Trace and verify lawful capital transfers (RBI / FEMA compliant).
-
1-2 months
3 - I-526E Petition Filing
I-526E petition filing Petition for immigrant investor classification with USCIS, supported by eligibility and evidence standards in 8 CFR 204.6 and the USCIS Policy Manual Volume 6 Part G.
USCIS
12-24 months
4 - National Visa Center Processing
National Visa Center and consular processing After USCIS approval, the case is processed for an immigrant visa interview at a U.S. consular post, consistent with Department of State guidance in 9 FAM 502.4.
NVC / DOS
3-6 months
5 - Conditional Green Card
Investor enters the U.S. as a conditional permanent resident (2 years).
USCIS
-
6 - I-829 Petition
Remove conditions by proving job creation requirements met and capital invested maintained.
Indian investors must follow the Liberalised Remittance Scheme (LRS), which allows USD 250,000 per individual per financial year. Families often combine remittances through gift deeds.
Step
Action
Key Form / Proof
1. Bank Authorisation
Submit Form A2 to an authorised dealer bank.
A2 + PAN
2. FEMA Compliance
Keep SWIFT / FIRC copies for each transfer.
FEMA Records
3. Tax Collection at Source (TCS)
Track and declare TCS on foreign remittance.
TCS Certificates
Davies & Associates coordinates with RBI-approved banks and tax advisors to ensure seamless fund transfers.
Regional Centers and the EB-5 Program
Regional Centers are USCIS-designated organisations that channel EB-5 funds into commercial enterprises contributing to economic development.
USCIS policy guidance on EB-5 investors, including regional center concepts and job creation methodology, is summarized in the USCIS Policy Manual Volume 6 Part G.
Advantages for Investors
Inclusion of indirect jobs in job-creation calculations.
Access to large infrastructure projects and diversified risk.
Simplified compliance and ongoing reporting under the Integrity Act.
The Regional Center Program (formerly the Immigrant Investor Pilot Program) remains the most popular path among Indian investors. Davies & Associates partners exclusively with vetted centers demonstrating successful projects and transparent management.
Direct Investment Opportunities
A Direct Investment involves launching or expanding a business directly managed by the investor.
Ideal for: Entrepreneurs seeking control and active participation. Examples: Franchises, manufacturing plants, service companies.
While offering higher potential returns, direct investors must document direct job creation through payroll, tax, and organisational records, a process Davies & Associates oversees meticulously. Read more about Direct vs Regional Center EB-5.
Targeted Employment Areas and Rural Projects
EB-5 includes location based investment categories that can affect the minimum investment amount, including rural and high unemployment areas, as applied by USCIS under its investor guidance.
Every project must meet fair market value and Integrity Act standards to qualify as a new commercial enterprise.
Understanding Job-Creation Requirements
Each EB-5 investment must generate 10 full-time jobs for qualified U.S. workers within two years of the investor receiving their conditional Green Card.
Categories of Employment Creation
Direct Jobs: On the enterprise payroll.
Indirect Jobs: Suppliers and service providers.
Induced Jobs: Employment from local spending by new workers.
Regional Centers use economic-impact models to verify these outcomes; Davies & Associates reviews each business plan to ensure compliance.
The EB-5 Reform and Integrity Act of 2022
The Reform and Integrity Act reinforced investor protections and strengthened Regional Center oversight.
Highlights
Mandatory audits and transparency requirements.
Protections for pending investors during program pauses.
Fast-track processing for rural area filings.
Encouragement of troubled business recovery and infrastructure projects.
These reforms enhance program stability and investor confidence.
A recognised authority on U.S. immigration law and the EB-5 Program. Leads our Delhi operations and frequently features in Indian media.
Neha Mehta - Senior Associate
Specialises in immigration law, litigation, and property transactions connected to investment migration.
Viren C. Miskita - Counsel
Advises on corporate law, business visas, and foreign investment compliance for Indian entrepreneurs expanding into the United States.
Global Leadership - Mark I. Davies, Global Managing Partner
Mark I. Davies, founder of Davies & Associates, is a New York-licensed U.S. immigration attorney with more than two decades of experience representing Indian investors.
He is renowned for his success in EB-5, E-2, and L-1 visa cases and his commitment to thorough preparation and ethical advocacy.
Mark ensures every client receives world-class legal services grounded in integrity and personal attention.
Testimonials
"I highly recommend Davies & Associates LLC Mark 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 Applicant and Business Owner
"My exisiting immigration lawyer, who has a global reputation in immigration law, told me that 'it couldn't be done'. Someone suggested I speak to Davies & Associates and they obtained the immigration benefits I wanted. I will always use this firm in the future, they are miracle workers." - Small Business Owner and E-2 Visa Applicant
"I was qualified as a physician in a foreign country. Being on a J-1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J-1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States." - Doctor Seeking J-1 Visa Waiver
"I 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.” - U Visa Applicant, A Victim of Crime
Final Thoughts
The EB-5 Visa Program unites opportunity and impact - empowering investors to secure permanent residency while fuelling economic development in the United States.
With Davies & Associates’ expertise, Indian investors navigate each step - from immigrant petition to lawful permanent residence - with confidence and compliance.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar.AILA Member.
Area
Details
Education
JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training
Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice
Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the worlds largest international law firms
Immigration Track Record
15+ years advising HNW investors |
Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
Recognition
Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements
Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences
Contact Details
Office Address
Levels 7 & 8, G Block C 62, Bandra Kurla Complex, Mumbai 400 051, India
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