Questions and Answers > EB-5 Investments

How can I as an Indian national solve this issue that I can only transfer $250,000 a year from India for my EB-5 application?

There is limit on Indian citizens from transferring more than $250,000 in a year for investment in foreign countries. Can my brother who is a US citizen invest the balance $250,000 for me in USA to start my business?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 30, 2021

  No, but if they are feeling that generous, they can give you the money as a gift to invest yourself!

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 30, 2021

  If your U.S. citizen brother gifts you the balance, then that can be the basis for a viable case.

• Ed Beshara

  Immigration Attorney

  Answered on November 29, 2021

  The brother can lawfully authenticate the source of the USD $250,000.00, and make a gift to you, to then personally invest these funds in the EB-5 project.

• Dennis Tristani

  Immigration Attorney

  Answered on November 29, 2021

  There are different ways to approach the LRS limit in India. You can invest multiple times over two (2) financial years - this will allow you to be "in the process of investing" when you first file the I-526 petition. You can also try to open bank accounts outside of India and wire funds to the new commercial enterprise from this account. If you already have an account outside of the U.S., you can have immediate relatives in India use their LRS limit to send funds to your account outside of India and then invest in the new commercial enterprise from this account.

• Raymond Lahoud

  Immigration Attorney

  Answered on November 26, 2021

  You can still show the investment amount is available for investment, even if it has not been fully transferred to the United States.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on November 26, 2021

  Your brother cannot invest, however, he can gift you the funds and you can invest them.