At a Glance
India is not an E-2 treaty country, so Indian investors and founders usually look to EB-5, the L-1, EB-1A, the National Interest Waiver and the O-1A.
Those same routes are also the main alternatives to the H-1B lottery for Indian professionals and founders.
Samper Law advises Indian clients nationwide in English, Hindi, Punjabi and Urdu, with Lidice Samper, Esq. leading the legal strategy and Gerardo Kloss working alongside her on structure and source of funds.
Is India an E-2 Treaty Country?
No.
India does not appear on the State Department list of treaty countries, so Indian nationals cannot obtain an E-1 or E-2 visa on an Indian passport.
Because Indian law generally does not permit dual citizenship, the second nationality strategy available to some other investors rarely applies. The practical routes are EB-5, L-1, EB-1A, the NIW and the O-1A.
State Department treaty country list | Accurate as of October 22, 2026
Comparing Your U.S. Routes
| Route | What it is | When it fits | Status |
|---|---|---|---|
| EB-5 Immigrant Investor | Green card based on a qualifying investment in a U.S. enterprise that creates at least 10 full time jobs, directly or through a regional center. | You want a green card and can document a lawful source for the full investment. Visas reserved for rural, high unemployment and infrastructure projects under the 2022 EB-5 reform law can matter for nationals of countries with long waits. | Open; Visa Bulletin waits can apply |
| L-1 Intracompany Transfer | Visa for managers, executives and specialized knowledge staff of a foreign company opening or expanding a related U.S. office. | You have worked for the foreign company for at least one continuous year in the last three, and it will keep operating abroad. | Open; a primary H-1B alternative |
| EB-1A Extraordinary Ability | Self petitioned green card for individuals with sustained national or international acclaim. No employer or job offer is required. | Your record already meets at least three of the ten regulatory criteria and shows you are among the small percentage at the top of your field. | Open; Visa Bulletin waits can apply |
| EB-2 National Interest Waiver | Green card that waives the job offer and labor certification when your proposed work has substantial merit and national importance. | You hold an advanced degree or exceptional ability and have a credible plan for work that benefits the United States. | Open; EB-2 waits for India are long |
| O-1A Extraordinary Ability | Nonimmigrant visa for individuals with extraordinary ability in business, science, education or athletics. | You are a founder or executive with a documented record such as significant funding, press, awards, judging or high compensation. | Open; no lottery or annual cap |
Source of Funds From India
Every dollar of the investment has to be traced to a lawful source, and outbound transfers from India have their own rules. For Indian investors the record usually includes the following.
Banking records
Statements for each account that held the funds, with the records of the sale, salary, dividend, gift or loan that produced them.
Tax filings
Income tax returns (ITR) and the related assessment records, which officers compare against the amount invested.
Currency transfer documentation
Remittances by resident individuals under the Reserve Bank of India Liberalised Remittance Scheme are capped at USD 250,000 per financial year, so larger investments are often funded over more than one year or by more than one family member. Each remittance needs its Form A2, bank advice and SWIFT record.
The general EB-5 and E-2 paper trail, from origin of funds to the U.S. account, is set out in EB-5 Source of Funds: Build the Paper Trail Before You Wire.
Frequently Asked Questions
Can an Indian citizen get an E-2 visa?
No. India is not on the State Department treaty country list, so Indian nationals are not eligible for E-1 or E-2 visas on an Indian passport.
What are the alternatives to the H-1B for Indian nationals?
The L-1 for employees of a related company abroad, the O-1A for individuals with extraordinary ability, and the EB-1A and NIW green card petitions, which do not require an employer sponsor.
Is EB-5 a realistic option for Indian investors?
It can be. Indian nationals may face Visa Bulletin waits in EB-5, and visas reserved for rural, high unemployment and infrastructure projects can affect timing. We review the current bulletin with each client before they invest.
How do I move EB-5 funds out of India?
Through the Liberalised Remittance Scheme, which caps remittances by a resident individual at USD 250,000 per financial year. Families often combine remittances from more than one member, each documented as a gift or loan.
Does Samper Law work in Hindi?
Yes. Consultations and client communication are available in English, Hindi, Punjabi and Urdu.
ATTORNEY ADVERTISING. General information only; not legal advice and does not create an attorney client relationship. Treaty status and agency policy can change; confirm with counsel before you invest. Prior results do not guarantee a similar outcome.