How can an Indian EB-5 investor send the funds to apply? - EB5Investors.com

How can an Indian EB-5 investor send the funds to apply?

I want a general understanding of how an investor based in India remits funds to secure a priority date while complying with India’s LRS requirements, given that he/she is a single applicant with no option for family pooling, no gift option, and no multi-year staging.

What path can the person follow to ensure a smooth flow of funds into the EB-5 escrow? For this case, how can the entire capital be remitted so the funds can be deployed as early as possible under the proposed rule of NPRM (which says “the EB-5 two-year sustainment period begins when the job-creating entity (JCE) spends or deploys all of the investor’s capital into the project, satisfying the ‘at-risk’ requirement”) to avoid the redeployment of capital to satisfy the conditions for the CGC and avoid delay at the CGC stage?

Answers

Andres Echevarria, immigration attorney EB-5

Andres Echevarria

EB-5 Immigration attorneys
Answered on

You can't move $800k+ through ordinary LRS—it's capped at $250,000 per person per fiscal year—but there is a way for a single applicant to send the whole amount in one transfer. RBI's Liberalized Remittance Scheme has a specific "emigration" category that lets an authorized dealer bank remit above the $250k cap, up to the amount the destination country requires for the immigration status being sought, when that's properly documented. Since EB-5's statutory minimum investment is exactly that kind of government-prescribed figure, this is the route Indian investors use to fund the full amount without pooling, gifting, or staggering it across fiscal years—it just takes the right paperwork with the AD bank (and likely RBI sign-off) tying the remittance directly to the EB-5 minimum
investment requirement.
A backup option: the RIA removed the old requirement that EB-5 loan capital be secured by collateral, so an unsecured loan from a lender outside India also works, and since that money never leaves India as the investor's own outward remittance, it isn't an LRS transaction at all.
On timing and avoiding redeployment: USCIS's October 2023 FAQ guidance—still posted, and so far not disturbed by the courts in the pending IIUSA v. USCIS litigation—says the two-year sustainment period for post-RIA investors starts the moment the capital is placed at risk with the job-creating entity, not when conditional residence is granted. So the single best thing this investor can do to avoid a redeployment event is exactly what you're describing: get the full amount into escrow and deployed as early as possible, since every month it's at risk before I-526E approval/conditional residence counts toward the two years. That said, this is sub-regulatory guidance rather than a final rule—USCIS has said a formal NPRM is coming—so it's worth flagging that the rule could still tighten or change before this case matures to I-829.

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