Current program note
For August 2026, the U.S. Department of State lists India’s EB-5 unreserved final-action category as unavailable for the remainder of fiscal year 2026. The rural, high-unemployment, and infrastructure set-aside categories are listed as current. Availability can change in any monthly Visa Bulletin and differs by filing stage and individual circumstances.
The current statutory minimum investment is generally US$1,050,000, or US$800,000 for a qualifying targeted-employment-area or infrastructure investment. The statute provides for inflation adjustments beginning 1 January 2027. The Regional Center Program is authorised through 30 September 2027 unless Congress changes the law.
Capital and immigration risk
EB-5 capital must be placed at risk. Neither repayment, profit, project completion, petition approval, visa issuance, removal of conditions, nor citizenship can be guaranteed. An immigration outcome and an investment outcome are separate decisions with separate risks.
Prospective investors should review the complete private-placement memorandum, subscription documents, capital stack, security position, job-creation methodology, conflicts, fees, exit assumptions, litigation and default risks with their own U.S. immigration lawyer, securities lawyer, tax adviser, and financial adviser.
Our professional scope
The Calculus provides process education, document organisation, project-comparison support, and coordination. Unless expressly stated in a signed engagement letter, The Calculus does not provide U.S. legal advice, securities brokerage, investment management, tax advice, accounting advice, or a guarantee of any government or investment outcome.
Immigration legal advice is provided only by the investor’s independently engaged U.S. immigration attorney. Tax, foreign-exchange, securities, real-estate, and financial advice should be obtained from appropriately qualified or licensed professionals.
Regional centers and project review
USCIS designation of a regional center or acceptance of a project filing is not an endorsement of investment quality and does not guarantee eligibility or capital return. Any project or professional introduced by The Calculus remains a third party. Investors should independently verify licences, registrations, disciplinary history, fees, compensation, conflicts, and the offering’s underlying evidence.
India remittance and tax matters
Indian resident investors may be subject to the Liberalised Remittance Scheme, Overseas Investment Rules, FEMA requirements, authorised-dealer bank procedures, tax collection at source, and reporting obligations. The applicable route depends on ownership, source of funds, family contributions, transaction structure, and current rules. Obtain written advice from an Indian foreign-exchange/tax professional and your authorised-dealer bank before committing capital.
Official sources
- USCIS — EB-5 Immigrant Investor Program
- U.S. Department of State — Visa Bulletin
- Congressional Research Service — EB-5 overview
- U.S. SEC — Investor alert on EB-5 offerings
- Reserve Bank of India — Liberalised Remittance Scheme
Official links are provided for convenience. Government pages and rules may change without notice. This page should be reviewed by U.S. immigration/securities counsel and Indian FEMA/tax counsel before launch.