Archive · 31 Aug 2026
Indian EB-5 Investors Face Scrutiny Beyond the $800,000
The EB-5 programme lets some foreign investors seek a US green card by investing in an American business and creating jobs.
For qualifying projects, the investment is at least $800,000.
Having that amount in a bank account is not enough.
The investor must show where the money originally came from.
They must also explain every important transfer before the money reached the US investment.
Money can come from savings, property sales, gifts, inheritance, business income or loans.
A family gift may require proof of how the donor earned the money.
A loan may require proof of the lender, collateral and the transfer.
Indian investors also need to follow rules for sending money abroad, so experts advise mapping the funds before moving them.
The EB-5 programme requires at least $800,000 for qualifying lower-rate projects.
Applicants must prove how their money was lawfully earned, accumulated, transferred and invested.
Property sales, gifts, inheritances, business income, savings and loans may contribute to the investment.
Unexplained deposits, account transfers, cash transactions and mismatched records can raise concerns.
Indian applicants must also consider LRS, FEMA and RBI requirements for large overseas remittances.
- Who
- Indian investors seeking US permanent residence through the EB-5 programme, with guidance from immigration expert Mithi Jaiswal.
- What
- Applicants must document the lawful source and complete path of their investment funds, not merely show an $800,000 balance.
- When
- Before transferring funds and preparing the EB-5 petition; the source-of-funds trail may cover transactions from years earlier.
- Where
- Funds are transferred from India to a US investment, with records spanning Indian banking and foreign-exchange systems.
- Why
- US authorities need to verify how the money was earned, accumulated, transferred and ultimately invested, while Indian remittance rules may also apply.
- Minimum investment
- $800,000 for projects that qualify for the lower investment rate.
- Potential funding sources
- Savings, salary, business income, property or investment proceeds, gifts, inheritance and loans.
- Main red flag
- An unexplained financial jump or funds appearing without a documentary trail.
- Property documentation
- Ownership, purchase and sale records, bank statements, tax records, capital-gains documentation and evidence of buyer payment may be needed.
- Gift documentation
- Applicants may need to document the donor’s wealth, the relationship, the transfer and the donor’s source of funds.
- Loan documentation
- A genuine loan agreement, lender’s available funds, transfer records and, where relevant, collateral documentation may be required.
- Indian remittance limit
- The Liberalised Remittance Scheme currently permits resident individuals to remit up to $250,000 per financial year for permitted transactions, subject to applicable rules.
- Expert recommendation
- Mithi Jaiswal advises investors to “map the money before moving the money” in a chronological source-and-path-of-funds record.