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?
If your U.S. citizen brother gifts you the balance, then that can be the basis for a viable case.
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.
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.
Your brother cannot invest, however, he can gift you the funds and you can invest them.
You can still show the investment amount is available for investment, even if it has not been fully transferred to the United States.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.