Can Anyone from India Enroll in the EB-5 Visa Program?

This is one of the most common questions I hear from Indian investors exploring U.S. immigration:

“Is anyone from India eligible for the EB-5 visa program?”

The honest answer is no.

While Indian nationals can apply for EB-5, not everyone qualifies. The EB-5 Immigrant Investor Program is not designed for all aspirational applicants. It is a highly regulated financial and legal process, and eligibility depends on much more than just having money.

Let’s break this down clearly and realistically.

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What Is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program allows foreign nationals to obtain a U.S. Green Card by investing in a U.S. business that creates jobs for American workers.

As per current regulations, an investor must:

• Invest USD $800,000 in a Targeted Employment Area (TEA) project

• Ensure the investment leads to the creation of 10 full-time U.S. jobs

However, investment amount alone does not determine eligibility.

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Who Is Actually Eligible for EB-5 from India?

To be eligible for EB-5, an Indian investor must satisfy three critical requirements. Missing even one can result in denial.

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1. Lawfully Earned and Fully Documented Funds

This is the single biggest hurdle for Indian applicants.

USCIS requires complete transparency regarding:

• The source of funds

• The method of earning

• The path of funds from India to the U.S.

Acceptable sources may include:

• Business profits

• Salary and professional income

• Sale of property or assets

• Inheritance

• Gifts from immediate family members

Every rupee must be traceable, documented, and explainable.

Red flags that weaken an EB-5 case:

• Cash-heavy transactions

• Undocumented income

• Informal loans

• Funds rotated through friends’ or relatives’ accounts

No matter how wealthy the investor is, undocumented money equals ineligibility.

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2. Legal Transfer of Funds from India to the U.S.

Even clean money must be transferred legally under Indian law.

Indian investors must comply with:

• LRS (Liberalised Remittance Scheme)

• FEMA regulations

• RBI-approved banking channels

If the remittance structure violates Indian regulations, USCIS can—and often does—question or reject the application.

Many EB-5 cases fail not because of USCIS rules, but because Indian remittance planning was done incorrectly or too late.

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3. Investment in a Compliant EB-5 Project

Not every U.S. real estate or business project qualifies for EB-5.

A compliant EB-5 project must:

• Meet EB-5 regulatory requirements

• Demonstrate creation of 10 full-time U.S. jobs per investor

• Have a credible business plan and job-creation methodology

A poorly structured project can derail even the strongest applicant with clean funds and perfect documentation.

This is why project due diligence is critical, and glossy brochures should never drive decisions.

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So, Is “Anyone” from India Eligible for EB-5?

No.

EB-5 is suitable only for investors who have:

• Lawfully earned, traceable funds

• Proper documentation

• A legal fund transfer strategy

• A well-vetted EB-5 compliant project

The program is designed for financially structured investors, not emotional or rushed buyers.

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Practical Advice for Indian Investors Considering EB-5

If you are serious about the EB-5 program, here is the right order to proceed:

1. Do not start with agents

2. Do not start with projects

3. Start with a confidential source-of-funds eligibility review

In nearly 90% of EB-5 cases, the outcome is determined before the application is ever filed.

Most importantly, consult a U.S. immigration attorney who specialises exclusively in EB-5. This is not an area for general practitioners or sales-driven advisors.

EB-5 is a long-term, high-value decision.
Your first step should always be legal strategy and compliance — not marketing presentations.