EB-5 VISA AS A FAMILY STRATEGY FOR INDIAN NATIONALS— BY JACQUELINE TREVINO
STRUCTURING THE FAMILY REMITTANCE( INDIA TO U. S.)
UNCLE
$ 150K
FATHER
$ 250K- Limit
GRANDPARENTS
$ 150K
GIFT DEEDS & AFFIDAVITS
REQUIRED PROOF:
Gift Deeds, Remitter Affidavits, Source of Funds( SOF) Documents
EB-5 ESCROW ACCOUNT
TOTAL INVESTMENT:
$ 800,000
MOTHER
$ 250K- Limit
This collaborative approach is particularly significant against the backdrop of persistent backlogs in many other U. S. visa categories that Indian nationals commonly see, such as employment-based and family-sponsored visas. These delays often stretch for years and years, making the EB-5 program and the concurrent filings a more attractive and strategic option for securing a faster path to permanent residency.
MULTIGENERATIONAL WEALTH AND PLANNING AHEAD In Indian households, big life decisions— from buying property to starting a business— can often involve decision-making and financial contributions from several generations. The same holds for EB-5 investments, where family members may come together to support a younger relative ' s immigration goals financially, even if they themselves do not plan to move to the US.
In Indian families, wealth is also often managed and shared across generations. This model of pooled resources allows for a more flexible approach to EB-5 investing, particularly for younger applicants who may not yet have independent financial eligibility, as the EB-5 visa is especially common for young adults already studying in the US. Here, the focus is less on relocating the entire family and more on securing a stable, long-term future for the younger applicant.
Timing becomes especially critical when the applicant
In Indian families, wealth is also often managed and shared across generations. This model of pooled resources allows for a more flexible approach to EB-5 investing
is nearing the age of 21, as only dependents under 21 can be included in a parent’ s EB-5 application as derivative beneficiaries. Once the applicant turns 21, they would be required to file a separate EB-5 petition or pursue an alternative immigration pathway. For families in this situation, early planning and strategic coordination are essential to ensure eligibility and maximize the impact of the immigration benefits.
[ USCIS ] requires an explicit and lawful source of funds, not just from the investor but also from the family member providing the gift
The process, however, is far from straightforward. It requires meticulous verification of the source of funds( SOF), properly documented gift transfers, and compliance with Indian remittance laws.
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