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Last Updated: February 2026
Written by: Mark I. Davies , Esq., MBA (Wharton School); Fellow, University of Pennsylvania Carey Law School. Ga. Bar License #: 283816, AILA Member, SRA ID: #384468.
Reviewed by: Sukanya Raman, Esq. Managing Attorney, Davies & Associates, Bangalore, India

EB-5 visa Requirements

Published: July 17, 2024

An EB5 application covers the primary applicant, that applicant's spouse and the applicant's children who are under the age of 21.

General Requirements for EB 5 Visa

Generally, the requirements for EB5 are that the applicant has:

  • USD 800,000, plus administrative fee, in funds from a documentable source of income
  • A criminal history free of certain offenses

Funds from a Documented Source

Every Indian EB5 client D&A has ever represented has "white" money. Having white money and have funds from a documented source are, however, different things.

D&A has a specialist source funds documentation team that includes US EB5 lawyers, Indian lawyers and lawyers form other relevant jurisdictions. This team work together to guide clients through the complex EB5 source of funds documentation process.

EB-5 visa from India

Do you dream of working and living in the USA? The EB-5 Visa for USA is a great opportunity to receive permanent residency in the United States for individuals with the ability to make a qualifying investment from a legitimate source of funds. A whole family can come under one application provided the children are under 21 years of age. When you are granted approval for the EB-5 visa program, you are able to migrate to the United States of America on a Green Card with your spouse and children.

What is the EB5 Program?

EB-5 (Employment Based 5) is one of the most desirable immigration routes to the United States of America. It is administered by the USCIS –United States Citizenship & Immigration Services. The EB5 visa category for the USA was designated in the year 1990 towards allowing the foreign investors to improve the US economy through relevant job creation as well as capital investment. This is the reason this visa category is also referred to as the "EB5 Investor Visa for USA."

EB-5 Visa Program Requirements

Here are some of the important EB-5 visa requirements you should know about:

  • A minimum capital investment of around $800,000, which rises to  $1,050,000 depending on the region where the funds are invested
  • The given amount for capital investment should be able to create 10 full-time jobs for the workers in the USA 
  • The capital investment amount should be made in a new commercial entity in the USA The EB5 investor visa for the USA allows the citizens of India to obtain the US Green Card by making a capital investment of a certain amount in a new commercial entity or enterprise. This could be a direct investment or an investment made through an EB5 Regional Center. A Regional Center usually aggregates funds from several EB-5 investors and invests them in real-estate development. The Regional Center route can reduce the hassle of ensuring compliance with program rules, especially with creating ten new jobs.

The EB-5 program serves to be the easiest as well as one of the fastest ways of immigrating to the United States of America and living there for your life.

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