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Tag Archives: Doing Business in USA

June 21, 2022

The EB-5 visa category is an easy and straight forward option to obtain a Green Card through investment in the United States. The program is designed for foreign nationals who desire to immigrate to the US and start a business or invest in an existing business that contributes to the US economy.

On 15th March, 2022, the US government launched the new EB-5 Reform and Integrity Act 2022.

As a one of the leading Immigration lawyer in India, we have highlighted some of the important new provisions in this new Act.

Reasons for updating the existing Act:

  1.  Preventing frauds
  2. Promoting and reforming foreign capital investment
  3. Creating jobs in American Communities

The Act lists new compliance requirements that have to be adhered to by the following entities:

  1. Regional centers
  2. New commercial enterprises
  3. Job creation entities
  4. Direct and third-party promoters
  5. Migration agents
  6. Companies and professionals involved with regional centers

Salient differences between the old and new Act and regulations:

Job creation

Earlier, each investor had to create 10 jobs irrespective of whether they were direct or indirect jobs. As per the new Act, each investor has to create at least 10 jobs of which 90% can be indirect jobs. If the construction work lasts for less than 2 years, only 75% of the jobs are accepted as indirect.

Regional Centre (RC) approval

As per the old Act, RC approval by the state government was mandatory but not by USCIS. However, the new Act stipulates that RCs will now require mandatory approval by the USCIS (United States Citizenship and Immigration Services). As an associate of US Immigration attorney in India, our law firm can assist in obtaining RC approval for our clients.

EB-5 business plan

In the old Act, it was left up to the discretion of regional centers whether they wanted to get approval of their business plan before filing an EB-5 petition. Now, investors can file for EB-5 petition only after receiving approval of their RC’s business plan. As an associate of US Immigration lawyer in India, our law firm can assist in obtaining business plan approval for our clients.

Failure to comply with the Act and regulations

Earlier, USCIS could not take any action in case any RC failed to comply with the Act and its regulations. Now, USCIS can suspend or terminate the RC in case of non-compliance.

Investment

Investors had to invest US$ 500,000 and $1,000,000 under the old Act that was effective before 15th March, 2022. Now, investors must invest US$ 800,000 and $1,050,000 to file an EB-5 petition.

 

Additionally, the US Government has come up with some new regulations in the EB-5 Reform and Integrity Act 2022. They are as listed below:

RC record keeping and audit

USCIS shall conduct an audit of the RC every five years. Hence, RCs have to maintain records for five years.

RC’s annual statement

All regional centers have to maintain and share the annual statement with the investors. If they do not follow the requirement, USCIS can demand a minimum penalty of 10% of the total amount invested.

Annual fees by RCs

If the number of investors is less than 20, RCs have to pay annual fees of US$ 10,000 to the USCIS. If the number of investors is more than 20, RCs must pay annual fees of US$ 20,000.

Petition fees by RCs

RCs must contribute US$ 1,000 per petition to create funds so that they can recover the costs of adjudication and naturalization.

Administration of investment amount by investors

The US government has added a specific provision for an escrow account. The RC must have a 3rd party fund administrator, such as a USA licensed lawyer, CPA or broker/dealer to administer the EB-5 investors’ funds.

Marketing and Migration agents:

All marketing and migration agents appointed by the RC must be registered with the USCIS.

Conclusion:

To stop frequent frauds and create jobs for American communities the US Government launched the EB-5 Reform and Integrity Act 2022 with more stringent and well-defined regulations. For more information, please contact our law firm.

June 25, 2021

EB-5 Updates 20th August 2021 at 12.00 PM (IST) 

Ajmera Law Group has several direct investment options for the EB-5 program of the USA with a reduced investment of US$ 500,000.  Act fast as the rule may change at any time. 

  1. Mexican Franchise – Start in any state in the USA which meets the definition of TEA area
  2. Co-working space and daycare center based in LA, USA
  3. Burger and Hotdog restaurent in Huston, Taxas.   Please contact us for more information

EB-5 Update 10th July 2021 at 12.00 PM (IST)

EB-5 with investment on regional center is not available but direct EB-5 with investment under US$ 500,000 active and an investor can make an investment in the USA and apply for USA green card under direct EB-5.

EB-5 Updates: 25th June, 2021 at 8.00 AM (IST)

EB-5 program reauthorization just fails to pass in US Senate

A bill to establish EB-5 rules on a permanent basis has failed in the US senate and therefore the current change in EB-5 rules will expire on 30th June, 2021.

Now the US government and senate are on vacation to celebrate the 4th July holiday.

As the current EB-5 change (where the investment amount has been once again reduced to 500K) is on a temporary basis, the US Senate MAY grant an extension in July 2021 when senators are back from vacation.

This could be a great opportunity for investors to file for EB-5 with a reduced amount of investment. Serious investors must be ready with documents and investment amounts to file the EB-5 petition with a US$ 500,000 investment amount.

IT IS ALSO POSSIBLE TO MAKE THE REQUIRED INVESTMENT IN TWO PARTS.

The investor can also borrow money to invest in EB-5.

EB-5 Update: Dated 22 June, 2021:

EB-5 Investment for US$ 500,000

Read complete the US court judgment here 

May 26, 2021

In order to apply under the Start-Up Visa Program of the U.S., start-up founders need to meet the following requirements:

  1. Founder(s) must show themselves as entrepreneurs with a Qualifying Start-up Entity.

Evidence and supporting documents that are filed with the petition must demonstrate that –

(1) The founder(s) have a central and active role to play in the operations of a start-up entity, such that they are well-positioned, due to their knowledge, skills, or experience, to substantially assist the U.S. start-up entity with the growth and success of its business;

(2) Possess at least a 10% ownership stake in the U.S. start-up entity, and that the entity:

(a) Was recently formed (for example, created within the five years immediately preceding the filing of the petition) and has been lawfully doing business within the United States during any period of operation since its date of formation; and

(b) Has substantial potential for rapid growth and job creation, evidenced by the receipt of significant capital investment, grants, or awards.

  1. Substantial Investment, Grant, or Award.

Founders may be considered for entrepreneur parole if they demonstrate that their start-up entity has received a minimum investment amount or qualified award or grant as described below:

(1) The start-up entity has received a qualified investment, within 18 months immediately preceding the filing of the petition, of at least $250,000 US from one or more qualified investors;

(2) The start-up entity has received, within 18 months immediately preceding the filing of the petition, an amount of $100,000 US or more through one or more qualified government awards or grants; or

(3) If the start-up entity partially meets one or more of the above criteria, founders may still be considered for entrepreneur parole by providing other reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

A lesser amount can be considered on a case-by-case basis if it can be shown that it is substantial.

  1. The investment must be from a ‘Qualified Investor’.

The term ‘qualified investor’ for purpose of entrepreneur parole means an individual who is a U.S. citizen or lawful permanent resident of the United States, or an organization that is located in the United States and operates through a legal entity organized under the laws of the United States or any state, that is majority-owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents of the United States, provided such individual or organization regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in terms of revenue generation or job creation.

Such an individual or organization may be considered a ‘qualified investor’ if, during the preceding five years:

(1) The individual or organization has made investments in start-up entities in exchange for convertible debt or another security convertible into equity commonly used in financing transactions within their respective industries comprising a total in such 5-year period of no less than $600,000 US; and

(2) Subsequent to such investment by such individual or organization, at least 2 such entities have each created at least 5 qualified jobs or generated at least $500,000 US in revenue with average annualized revenue growth of at least 20%.

  1. Additional Supporting Evidence.

Additional supporting evidence concerning the start-up entity’s business, its substantial potential for rapid growth and job creation as well as the founders’ day-to-day role in the business has to be submitted.

If the start-up entity partially meets the qualified investment, government grant, or award criteria, founders may be still considered for parole by providing other reliable and compelling evidence that the start-up entity has substantial potential for rapid growth and job creation.

Such supporting evidence may include, but is not limited to, the following:

(a) Evidence of rapid growth, such as – number of users or customers, revenue generated by the start-up entity, additional investments/fundraising, including crowdfunding platforms

(b) Social impact of the start-up entity

(c) National scope of the start-up entity

(d) Positive effects on the start-up entity’s locality or region

(e) Any other reliable and compelling evidence that the start-up entity has substantial potential for rapid growth and job creation.

May 26, 2021

By removing the Trump administration’s proposal that aimed to kill the initiative, the Biden administration wants to resurrect an immigration program that allows foreign entrepreneurs to operate in the United States.

The International Entrepreneur Law, which was proposed by President Barack Obama’s administration three days before he left office in 2017, enables foreign entrepreneurs to work in the United States for up to five years if their start-ups can raise at least $250,000 US from the venture capital in United States, recruit ten employees, or meet other criteria.

As part of its attempts to revive the program, the Biden administration intends to market it aggressively. These actions are in response to demands from venture capital firms which want the administration to support a program that would encourage thousands of foreign start-up founders to relocate to or stay in the United States to expand their ventures.

“The Biden administration is unlocking an enormous job growth opportunity by incorporating the International Entrepreneur Rule which will help the United States remain the global leader in innovation,” said Bobby Franklin, President & CEO of the National Venture Capital Association (NVCA), the venture community’s preeminent trade association focused on empowering the next generation of transformative American companies.

“Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Tracy Renaud, Acting U.S. Citizenship and Immigration Services Director.

Currently, there is no visa available for start-up founders in the United States, despite the widespread bipartisan support for the concept. Other visa types must be used for foreign entrepreneurs, but none are ideal.

Between 2017 and 2019, USCIS received only 30 applications for the program, with only one being accepted, according to a USCIS official.

According to USCIS, if the program is properly implemented, about 3,000 international entrepreneurs would qualify per year, resulting in the creation of about 100,000 jobs over a ten-year period.

Note: This article is contributed by Ms. Dishita Sheth – Intern at Ajmera Law Group.

April 12, 2021

 Can you explain who are the main players of the U.S. financial market?

The U.S. financial market comprises of several players such as:

  • corporations and governments issuing securities
  • persons and corporations buying and selling a security
  • the broker-dealers and exchanges which facilitate such trading of securities
  • banks which safe keep assets, and
  • regulators who monitor the markets’ activities.

The U.S. system is more complex as there are multiple players in each of the above categories.

  1. Who are the players in each of the above categories in the U.S.?

 As we are aware, securities are issued by a company or the government to raise capital either as debt or equity. Debt and equity may be issued in various forms such as bonds, notes, debentures for debt and common or preferred shares for equity. Issues may be sold privately to investors, or sold to the public via the various markets described below.

  • An investor is a person or corporate entity that makes an investmentby buying and selling securities.

There are two sub-categories of these investors:

  1. Individual person making investment in the securities for himself
  2. Institutions which make investments on behalf of a third party who is their client, such as investment and hedge fund managers.
  • A broker-dealeris a natural person, company or other organization that engages in the business of trading securities for its own account or on behalf of its customers.

All broker-dealers must be registered with the Financial Industry Regulatory Authority, Inc. (FINRA) or a national securities exchange or both, depending on the securities they are dealing with.

Commodity brokers include Futures Commission Merchants, Commodity Trading Advisors and Commodity Pool Operators. They must register with the National Futures Association (NFA).

A stock exchange is a physical or digital place to which brokers and dealers send, buy and sell orders in stocks/shares, bonds, and other securities.

In the USA, there are several exchanges and within the same exchange there are several markets depending on the type of securities or commodities to be traded.

The following are the U.S. Exchanges for equities, options, futures and derivatives:

  1. For Equities – There are multiple exchanges in the U.S. such as the New York Stock Exchange (NYSE), National Association of Securities Dealers Automated Quotations (NASDAQ) and BATS Global Markets.
  2. Options on equities – Similar to equities, but including the Chicago Board Options Exchange and the International Securities Exchange.
  3. Futures and derivatives – The Chicago Mercantile Exchange, including its acquisitions of similar exchanges, is the sole venue for many derivative contracts that must be cleared at the same exchange.
  4. Energy related derivatives – The Intercontinental Exchange dominates energy related derivative trading, again with its own clearing arrangements. This exchange is owned by

It must also be noted that the U.S. government debt securities do not trade on exchanges. They are bought by primary dealers and resold to other broker-dealers and institutional investors.

 The next players in the security market are the banks and such other institutions that are the custodians of the securities for the safe keeping.

There are four main players:

  • Custodian banks – They offer active safekeeping and administration of clients’ securities portfolios.
  • Prime brokers – They are broker-dealers who offer custody and other services to hedge funds.
  • Transfer agents – They provide a variety of services to issuing companies, including maintaining a registry of all shareholders, paying dividends and conducting proxy campaigns.
  • Central securities depositories and clearing organisations. 

There are three central securities depositories and they are – 

  • The main securities depository is the Depository Trust Company, a subsidiary of the Depository Trust & Clearing Corporation (DTCC)
  • The Federal Reserve for all U.S. government bonds and notes
  • The Chicago Mercantile Exchange (CME) for futures and other derivative contracts

There are four clearing organizations in the U.S. and they are –  

  • National Securities Clearing Corporation, a subsidiary of DTCC, for market-traded stocks and corporate bonds
  • Fixed Income Clearing Corporation, also a subsidiary of DTCC, for government bonds and mortgage-backed securities
  • Options Clearing Corporation (OCC) for all equities related options
  • Intercontinental Exchange (ICE) for energy related derivative contracts

U.S. equities, corporate and municipal bonds can be issued in certificated form, though this practice has been largely replaced due to the costs and inefficiencies of keeping them. Rather, holdings are kept as “immobilized” or “street name”, with the beneficial owners keeping them in accounts at broker-dealers and banks, just as they do for currencies.

Options, futures and other derivatives are traded based on contracts, rather than certificates. OCC, CME and ICE act as clearing agents and repositories, keeping track of book entry positions among the various clearing brokers.

U.S. government bonds and notes are un-certificated (dematerialized), which means that certificates are never issued. Instead, the clearing brokers keep book entry positions at the Federal Reserve on behalf of their various clients.

The Financial Stability Oversight Council has designated each of these institutions, with the exception of the Federal Reserve, as a systemically important financial market utility.

  • The last and most important players are the regulators.

The securities markets are overseen by –

  • the Security and Exchange Commission (SEC),
  • by individual state securities commissions established under blue sky laws, and
  • the self-regulatory organizations, which are overseen by the SEC.

Nationally, there are two commissions regulating the trading of securities:

  • The first is the U.S. Securities and Exchange Commission (SEC), which governs equities, equity options, corporate bonds, and municipal bonds.

The SEC is an independent agency of the United States federal government. It also holds primary responsibility for enforcing the federal securities laws, proposing securities rules and regulating the securities industry, the nation’s stock and options exchanges, and other activities and organizations, including the electronic securities markets in the United States.

The SEC falls under the responsibility of the U.S. Senate Committee on Banking.

The CFTC oversees designated contract markets (DCMs) or exchanges, swap execution facilities (SEFs), derivatives clearing organizationsswap data repositoryswap dealers, futures commission merchants, commodity pool operators and other intermediaries.

The CFTC falls under the oversight of the U.S. Senate Agriculture Committee.

  1. Can you give us a brief history of the New York Stock Exchange (NYSE) and NASDAQ?

The New York Stock Exchange dates back to May 17, 1792. On that day, 24 stockbrokers from New York City signed the Buttonwood Agreement at 68 Wall Street.

The New York Stock Exchange started with five securities, which included three government bonds and two bank stocks.

Along with American stocks, foreign-based corporations can also list their shares on the NYSE if they adhere to certain listing standards.

A series of mergers has given the New York Stock Exchange its massive size and global presence. The company started as NYSE before merging with the Euronext and adding the American Stock Exchange.

NYSE Euronext was purchased in an $11 billion deal by the Intercontinental Exchange (ICE) in 2013. The following year, Euronext demerged from ICE via an initial public offering (IPO), but ICE retained ownership of the NYSE.

NASDAQ officially separated from the NASD and began to operate as a national securities exchange in 2006. In 2007, it combined with the Scandinavian exchange group OMX to become the NASDAQ OMX group, which is the largest exchange company globally, powering 1 in 10 of the world’s securities transactions.

Headquartered in New York, NASDAQ OMX operates 25 markets – primarily equities, and also including options, fixed income, derivatives and commodities – as well as one clearing house and five central securities depositories in the U.S. and Europe. Its cutting-edge trading technology is used by 70 exchanges in 50 countries. It is listed on the NASDAQ under the symbol NDAQ and has been part of the S&P 500 since 2008.

Since 2008, a number of mergers and acquisitions have made NASDAQ one of the largest exchange companies in the world. 

  1. What is the difference between NYSE and NASDAQ?

The first difference is the place or location of doing business.

The NYSE still retains a physical trading floor on Wall Street in New York City. A significant portion of trade flows through its data center in Mahwah, New Jersey.

The NASDAQ, on the other hand, does not have a physical trading floor. At both data centers, trading takes place directly between investors seeking to buy or sell, and market makers through an elaborate system of companies electronically connected to one another.

The second difference is that for NYSE, the market opens and closes at a fixed time. It is by the auction method that NYSE stock prices are set. Before the market’s 9:30 a.m. official opening time, market participants can enter, buy and sell orders starting at 6:30 a.m. These orders are matched with the highest bidding price paired with the lowest asking price. Orders for the closing auction are accepted until 3:50 p.m., and orders can be cancelled up until 3:58 p.m

The NASDAQ is a dealer market. Market participants do not buy and sell to one another directly. Transactions go through a dealer which, in the case of the NASDAQ, is a market maker.

The third difference is that at the NYSE, the job of maintaining markets falls upon Designated Market Makers (DMMs), formerly known as specialists.

At the NASDAQ, market makers maintain inventories of stock to buy and sell from their own accounts in transactions with individual customers and other dealers.

The forth difference is, it is more expensive to be listed on NYSE than on NASDAQ.

  1. What is the over-the-counter market (OTC) in the U.S.?

Over-the-counter (OTC) market refers to the process of how securities are traded via a broker-dealer network as opposed to a centralized exchange. Over-the-counter trading can involve equities, debt instruments and derivatives, which are financial contracts that derive their value from an underlying asset such as a commodity.

In some cases, securities might not meet the requirements to have a listing on a standard market exchange such as the New York Stock Exchange (NYSE). Instead, these securities can be traded over-the-counter.

However, over-the-counter trading can include equities that are listed on exchanges and stocks that are not listed. Stocks that are not listed on an exchange, and trade via OTC, are typically called over-the-counter equity securities or OTC equities.

  1. Can you explain who is a broker–dealer?

A broker-dealer is a person or firm in the business of buying and selling securities for its own account or on behalf of its customers.

The term broker-dealer is used in U.S. securities regulation parlance to describe stock brokerages because most of them act as both agents and principals.

A brokerage acts as a broker (or agent) when it executes orders on behalf of its clients, whereas it acts as a dealer (or principal) when it trades for its own account.

Broker-dealers fulfil several important functions in the financial industry.

These include –

  1. providing investment advice to customers
  2. supplying liquidity through market making activities
  3. facilitating trading activities
  4. publishing investment research and
  5. raising capital for companies.

Broker-dealers range in size from small independent boutiques to large subsidiaries of giant commercial and investment banks.

There are two types of broker-dealers:

  1. a warehouse or a firm that sells its own products to customers; and
  2. an independent broker-dealer or a firm that sells products from outside sources.

There are over 3,700 broker-dealers to choose from, according to the Financial Industry Regulatory Authority (FINRA).

  1. How one can become a broker-dealer in the U.S.?

The Financial Industry Regulatory Authority (FINRA) is the main regulatory authority for broker-dealers. To register, securities professionals must pass qualifying exams administered by FINRA to demonstrate their competence in the particular securities activity in which they plan to work. An individual must pass the exams prior to engaging in those areas of practice.

There are more than 25 examinations for each type of practice that professionals working in the financial industry must take.

Some of the important examinations are:

  • Securities Industry Essentials (SIE) – general examination as a foundation course.
  • Series 3 – National Commodities Futures Exam
  • Series 6 – Investment Company and Variable Contracts Products Representative Exam
  • Series 7 – General Securities Representative Exam 
  1. What are the major indices of the NY stock market?
  • Dow Jones Industrial Average (DJIA)

The Dow Jones Industrial Average is an index of 30 “blue chip” stocks of U.S. industrial companies.

  • NYSE Composite Index

The NYSE Composite Index tracks the price movements of all common stocks listed on the New York Stock Exchange.

  • S&P 500 Composite Stock Price Index

The Standard & Poor’s 500 Composite Stock Price Index is a capitalization-weighted index of 500 stocks intended to be a representative sample of leading companies in leading industries within the U.S. economy.

  • Wilshire 5000 Total Market Index

The Wilshire 5000 Total Market Index is intended to measure the performance of the entire U.S. stock market

  • Russell 2000® Index

The Russell 2000® Index is a capitalization-weighted index designed to measure the performance of the 2,000 smallest publicly traded U.S. companies based on in market capitalization.  The Index is a subset of the larger Russell 3000® Index.

  • NASDAQ-100 Index

The NASDAQ-100 Index is a “modified capitalization-weighted” index designed to track the performance of the 100 largest and most actively traded non-financial domestic and international securities listed on the NASDAQ Stock Market.

Do you wish to invest in NYSC and NASDAQ market, visit AjmeraCapital.com – Market place for global investing from India.

 

October 10, 2018

Recently, I had an opportunity to conduct a seminar at one of the largest export promotion organisations in Mumbai, India.

After the seminar I received a lot of feedback from the audience regarding the difficulties Indian exporters are facing in exporting their goods. The common obstacles cited were government policy, international trade policy, lack of financial support from the government and insufficient knowledge about import-export regulations of other countries.

I also received feedback that it was easy to establish and do business in African countries, in the Middle East and with our neighboring countries but as far as Western countries were concerned, Indian exporters are having a hard time making their mark.

While interacting with the participants, I was surprised that none of them had given a thought to the Residency and Citizenship by Investment option as a means to expand their export business from India.

I believe this is directly related to the visa regulations of many Western countries. Exporters from China, Taiwan, Korea and even Pakistan (Group countries) have used these regulations to their advantage, while Indian exporters have been quite reticent or unforthcoming in doing so.

Exporters from these Group countries have recognized that in developed or Western countries, there are three types of buyers / importers:

  • Large buyers who come to their countries and establish purchase offices in the country. For example – Walmart.
  • Large importers who import goods and depend on foreign exporters such as them to sell them these goods.
  • Small buyers / importers who do not physically visit their countries but wish to sell the goods of these exporters from offices or shops in their home country.

To sell goods to these buyers / importers, export companies in the Group countries have realized that having a presence in the importer’s country is the most efficient and effective way to sell their goods, especially to the class (ii) and (iii) category buyers.

To have this presence,  exporters from the Group countries take advantage of the Residency and Citizenship by Investment programs of all major countries in the world. Through these programs they obtain permanent residency/citizenship of the respective country. This then allows them to conduct business in their adopted country as local businessmen.

Let’s take an example of a Green Card holding Chinese exporter versus an Indian exporter who has no residency status in USA.

A Chinese exporter will have the following advantages over his Indian counterpart while selling goods to an American importer:

  1. As the Chinese exporter has a USA Green Card, he can start his own company in USA, purchase a warehouse and office and ship goods to the American importer immediately so that they are received within 1 or 2 days. For an Indian exporter in India, it will take several days to process the order and ship out the goods. He will have to deal with a huge amount of paperwork before his goods reach USA.
  2. There is no time difference and hence communication is faster and efficient for the Chinese exporter. Whereas an Indian exporter has to be really prompt and time conscious.
  3. Payment is easy – for the importer to make and exporter to receive.
  4. Confidence level of the buyer/importer is better while doing business with a US-based Chinese supplier/exporter than India-based exporter who has never seen or interacted with.

Unless and until Indian exporters learn to explore different options such as Residency and Citizenship by Investment to their advantage, they will always fighting a losing battle against exporters from other countries.

The best analogy that can be used to emphasize this reality is that if you wish to fight, you need to get into the boxing ring. You cannot stand outside the boxing ring and try to beat your competition.

July 10, 2018

 

Doing business or Investing in USA: Nine different options for Indian businessman

This is a very simple way to explain, how one can make an investment in the USA or do business in and with the USA.

  1. Simple export of goods and services to USA consumer or business.
  2. Making an investment into an existing business, land building, or farming land and become partner/investment. You do not any visa of the USA and you don’t get any visa by just making a simple investment.
  3. Purchase of Real estate in the USA – any type of visa not possible but can take benefit of rental income and capital gain.
  4. Register a company in the USA, open an office in the USA, a bank account in the USA in person, hire local people to run the business. No Person is transferred from India to the USA.
  5. Register a new company in the USA, open a subsidiary office in the USA, a bank account in the USA, hire local people to run the business with a definite business plan and KEY PERSON(S) IS TRANSFERRED from India to the USA. This is an L1 visa. A person is a senior executive and Technical Person to be transferred from the USA. The American company will be a  subsidiary of the Indian company.
  6. Indian company taking over 51% of the USA company and by join venture, Indian CEO or Key technical person transferred to the USA under EB-1-C Visa class.
  7. Starting a NEW business in the USA, hire 10 people and make an investment of 1 million US$ and investor, his spouse and children under 21 can get a green card of USA. – This is an EB-5 direct investment.
  8. Starting a NEW business in the USA, hire 10 people and make an investment of 1/2 million US$ and investor, his spouse and children under 21 can get a green card of USA. This business must be in an area where there is high unemployment or a population is less than 20,000. This is EB-5 under the Regional center class.
  9. You make an investment in Real Estate and become a citizen of another country like Grenada, Turkey, Canada and then apply for an E2 business visa of the USA to do business in the USA.