India golden visa lawyer
The term “golden visa” is a colloquial expression used to describe residency-by-investment programs offered by various countries, though it is not a statutory term under either US or Indian immigration law. India does not operate a traditional golden visa program of the kind found in certain European countries. Indian nationals seeking investment-based residency abroad may consider programs in the United States, Portugal, the United Arab Emirates, and other jurisdictions. For those looking toward the United States, the primary investment-based immigration pathway is the EB-5 Immigrant Investor Program, administered by U.S. Citizenship and Immigration Services. Law Offices of SRIS, P.C. is a US law firm practicing since 1997, and its attorneys are admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm provides information on US immigration pathways for international clients, including Indian nationals evaluating investment-based US visa options.
Understanding Investment-Based Residency and the Term “Golden Visa”
The term “golden visa” refers colloquially to residency-by-investment programs through which a foreign national obtains residence rights in exchange for a qualifying investment in the host country. These programs exist in various forms across multiple jurisdictions, including Portugal, Greece, Spain, Malta, and the United Arab Emirates. Each country sets its own investment thresholds, qualifying asset classes, physical presence requirements, and paths to permanent residency or citizenship. The term itself has no legal definition under the Immigration and Nationality Act (INA) and does not appear in Indian statutory law.
India does not currently offer a residency-by-investment program that fits the “golden visa” model. The Government of India has periodically discussed investment-linked residency initiatives, but as of 2025, no formal golden visa program has been enacted. Indian nationals who hold significant capital and seek residency abroad through investment must look to programs in other countries. The United States EB-5 program, the Portugal Golden Visa, and the UAE Golden Visa are among the options frequently evaluated by Indian investors. Each program carries distinct eligibility criteria, processing timelines, and conditions for maintaining residency status.
US Investment Visa Pathways for Indian Nationals
Indian nationals seeking US residency through investment may pursue the EB-5 Immigrant Investor Program, as India is not an E-2 treaty country and Indian citizens are therefore ineligible for the E-2 treaty investor visa. The EB-5 program, established by Congress in 1990 and most recently amended by the EB-5 Reform and Integrity Act of 2022, provides a path to lawful permanent residence (a green card) for foreign nationals who invest in a new commercial enterprise that creates or preserves at least ten full-time jobs for US workers.
Under the current statutory framework, the minimum qualifying investment is $1,050,000, or $800,000 if the investment is made in a targeted employment area (TEA) — a rural area or an area with high unemployment. The investor must demonstrate that the investment capital was lawfully obtained and that the funds are fully at risk in the commercial enterprise. Indian nationals applying through the EB-5 program are subject to the same per-country numerical limitations under 8 U.S.C. § 1153(b)(5) as applicants from other countries, though visa availability varies by country of chargeability and is published monthly in the Department of State Visa Bulletin.
Frequently Asked Questions
What is a golden visa?
A golden visa is a colloquial term for a residency-by-investment program that grants a foreign national the right to live in a country in exchange for a qualifying financial investment. The term is not a legal designation under US or Indian law. Different countries structure their programs differently: some offer temporary residency with a path to permanent status, others grant permanent residency immediately, and a small number offer citizenship by investment. Common investment categories include real estate purchases, government bonds, business creation, and capital transfers. Each program has its own minimum investment threshold, physical presence requirement, and tax implications for the investor.
Does India have a golden visa program?
India does not currently operate a golden visa or residency-by-investment program comparable to those offered by Portugal, Greece, or the United Arab Emirates. The Government of India has explored investment-linked residency concepts in policy discussions, but no formal program has been enacted into law. Foreign nationals seeking long-term residency in India may apply for standard visa categories such as the employment visa, business visa, or student visa, each of which has its own eligibility requirements and does not confer residency rights solely on the basis of investment. Persons of Indian origin may be eligible for the Overseas Citizen of India (OCI) card, which provides certain residency and travel benefits but is not a golden visa.
What is the Overseas Citizen of India (OCI) card?
The Overseas Citizen of India (OCI) card is a long-term visa and residency document available to persons of Indian origin and their eligible family members, conferring the right to live and work in India indefinitely but not amounting to citizenship or a golden visa. The OCI program is governed by the Citizenship Act, 1955 and is administered by the Ministry of Home Affairs. OCI cardholders enjoy multiple-entry, multi-purpose lifelong visa privileges and parity with non-resident Indians in economic and educational matters. However, OCI status does not confer political rights such as voting or holding constitutional office. It is distinct from a golden visa because it is based on ancestry and Indian origin, not on a financial investment.
What US investment visa options are available for Indian nationals?
Indian nationals seeking US residency through investment may apply under the EB-5 Immigrant Investor Program, which is the principal investment-based pathway to a US green card. India is not a treaty country for purposes of the E-2 treaty investor visa, so Indian citizens cannot use the E-2 route. The EB-5 program requires a minimum qualifying investment and the creation or preservation of at least ten full-time US jobs. Indian nationals may also consider the L-1 intracompany transferee visa if they own or are employed by a qualifying business with operations in both India and the United States, though the L-1 is not an investment visa in the golden-visa sense and requires an existing qualifying business relationship.
How does the EB-5 Immigrant Investor Program work?
The EB-5 program permits a foreign national to obtain US lawful permanent residence by investing in a new commercial enterprise that creates or preserves at least ten full-time jobs for qualifying US workers. The investor files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E for regional center investments, with USCIS. Upon approval, the investor and eligible family members may apply for an immigrant visa at a US consular post abroad or adjust status if already lawfully present in the United States. Conditional permanent residence is granted for two years, after which the investor must file Form I-829 to remove conditions by demonstrating that the investment was sustained and the required jobs were created.
Is India an E-2 treaty country?
India is not listed as an E-2 treaty country by the US Department of State, and Indian citizens are therefore not eligible for the E-2 treaty investor visa. The E-2 visa is available only to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. The current list of E-2 treaty countries is published by the Department of State and includes nations such as Japan, Germany, the United Kingdom, and Mexico, but does not include India. Indian nationals who wish to invest in and direct a US business must look to other visa categories, such as the EB-5 program or the L-1 intracompany transferee visa where applicable.
What are the investment thresholds for the EB-5 program?
Under the EB-5 Reform and Integrity Act of 2022, the minimum qualifying investment is $1,050,000, or $800,000 for a project located in a targeted employment area (TEA). A TEA is defined as a rural area or an area with unemployment at least 150 percent of the national average. The investment must be in a new commercial enterprise, and the capital must be lawfully sourced and fully at risk. The investor must document the source and path of funds, which for Indian nationals may involve demonstrating compliance with the Foreign Exchange Management Act (FEMA) and Reserve Bank of India regulations governing outward remittances under the Liberalised Remittance Scheme.
Can an Indian national obtain a green card through the EB-5 program?
Yes, an Indian national who makes a qualifying EB-5 investment and satisfies all program requirements may obtain US lawful permanent residence, commonly referred to as a green card. The EB-5 program grants conditional permanent residence for an initial two-year period. Before the end of that period, the investor must file Form I-829 to demonstrate that the investment was sustained and the requisite jobs were created. Upon approval, conditions are removed and the investor and eligible family members receive permanent green cards. Indian nationals are subject to the same per-country numerical limits as other EB-5 applicants, and visa availability for India is published in the monthly Department of State Visa Bulletin.
About Law Offices of SRIS, P.C.
Law Offices of SRIS, P.C. is a US law firm practicing since 1997, with its principal location in Virginia. Mr. Sriskandarajah, the firm’s founder, is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm provides information on US immigration pathways for international clients, including Indian nationals evaluating investment-based visa options under the Immigration and Nationality Act. The firm’s US-licensed attorneys handle matters before USCIS, the Department of State, and the Executive Office for Immigration Review. Mr. Sriskandarajah is not admitted to practice Indian law, and the firm does not provide legal representation under Indian law. This page is offered as general legal information by a US-admitted attorney and does not constitute legal advice for any particular matter.