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Tag Archives: Start Up Visa

November 6, 2019

Pursuant to the economic liberalisation in India, wealth creation has reached unprecedented heights. From the time of independence onwards, the Indian economic era can be divided into three main periods:

From 1947 to 1993 – Pre-liberalisation of the economic policies in India.

From 1993 to 2007 – Start of economic liberalization, a time when inbound investments began in earnest.

From 2007 to Present – Period of optimum economic liberalization, a time when inbound and outbound investments to and from India were allowed.

This outbound investment and remittance post 2007 has resulted in Indian HNIs traveling abroad more frequently, for work as well as pleasure. Destination weddings in exotic international locations and sending their children out of India for undergraduate and graduate studies is fairly common among HNIs.

According to the RBI, the Indian HNI remittance has increased from US$440 million in 2007-08 to US$13.5 billion in 2017-18. The top spending for HNIs was on their children’s education – around US$4 billion, followed by foreign travel and gifts to the family.

As the data shows, spending on children’s education abroad is on top of the list for Indian HNIs. Today not only HNIs but even middle-class parents aspire to send their children abroad to study.

However, the past migration history of India and the affluence of the Indian diaspora in foreign countries prompts most Indians parents to believe that if their child gets a foreign education, he/she will be able to settle in that country permanently. They equate studying abroad with settling abroad. They feel that once their child goes abroad, they will be able to make a good life for themselves and settle comfortably.

We must not forget that just like India, there are parents in many countries around the world who send their children to study in countries such as the USA, Canada, Australia, UK, and New Zealand.

This has increased the number of foreign students applying for immigration after study in the aforementioned countries. Hence the queue and waiting period for obtaining immigration is getting longer and longer.

Let us take an example of an Indian student studying in the USA. If this student started studying for a Master’s program in the year 2002, he is likely to have completed it by 2004. Like most students, he would have converted his status from an F1 student visa to an H1B work permit visa upon obtaining a job. He would have worked for six consecutive years on this visa, assuming that the company he worked for continued to hire his services. Hence until 2010, he would be working on an H1B visa.

Let us assume that this student applied for a Green Card in 2010 under one for the following categories – EB1, EB2, and EB3 and received approval for his I-140 petition. As each of these categories has a quota of 40,000 Green Cards per year, and as the number of foreign students applying for a Green Card in these categories is very high, it takes several years to receive this much-coveted card.

As per the USA Government official website, petitions received/ approved until January 2015 are being issued a Green Card under the EB1 category. Petitions approved/received until July 2009 are being issued a Green Card under the EB2 and EB3 categories. Hence as of today, our student has to wait for at least another 4 years for a Green Card under the EB1 category and another 10 years under the EB2 and EB3 categories, assuming that rules do not change and processing time remains more or less the same.

Due to this unprecedented delay, there are many Indian students in the USA who are still waiting to get a Green Card even after 12-15 years of completing their studies. When wealthy Indian parents of such candidates realize that their children cannot obtain residency after the study program, they try to intervene by investing money on behalf of their children in programs such as the EB-5 Investor visa of the USA to secure a Green Card.

Other popular destinations for study abroad are Canada, Australia, New Zealand, and the UK. Thanks to thousands of student visa consultants and agents, these countries have the highest number of Indian international students. Unfortunately, due to the bad advice dispensed by local agents – who are motivated by the hefty commissions they receive from foreign education institutes – a good number of students receive a shock of their life when they realize that the course they have been enrolled into is not a Bachelor’s/Master’s program but an ordinary college diploma or certificate course. Also, the institution they are going to study in is not a recognized university but a local college.

There are innumerable horror stories created by parents and their children themselves because of their desperation to go abroad. This has led to frustration, disappointment, and careers of many bright students being destroyed due to short-sightedness and lack of knowledge.

Most Indian parents, who want their children to study abroad fail to realize that circumstances that existed a few years ago to settle abroad are no longer applicable in 2020. Immigration laws and regulations change from time to time and from country to country.

Unless parents plan early, sending their children abroad to study will only result in spending exorbitant amounts of money without any net gain, which is a permanent settlement in that country.

Though a new concept for Indian HNIs, their counterparts in countries such as China, Taiwan, and Korea have resorted to obtaining residency and citizenship by an investment of various countries around the world to secure their children’s education. This gives their children a jump start in their careers when they finish their education.

The most important advantage of obtaining residency and citizenship by investment is that the investor’s children can enjoy reduced tuition fees at the majority of top universities. Tuition fees for permanent residents and citizens is significantly lower, reduced by almost 60%-80%, in most foreign universities as compared to that paid by international students.

In many cases, the amount to be invested by an investor in a particular country is just a little higher than the tuition fees he/she would pay in international student fees, especially if the investor has two or more children.

This is where financial advisors can help their HNI and Upper Middle Class (UMC) clients to plan early for the foreign education of their children by making investments in risk-free but unconventional products such as Residency & Citizenship by Investment in many countries of the world. There are excellent opportunities available for investing in countries like the USA, Canada, the UK, some European countries and the Caribbean islands which guarantee subsidized education for children of investors.

Depending on the country this investment can in real estate, business, government bond, a donation to government, government-approved project and mix of these assets class.

For HNIs, their financial advisor is like a close family member. They expect to get not only sound financial advice regarding how to make more money by investing wisely but also knowledge regarding the latest products and services available in the market that can help them in achieving their long term and short term goals such as their child’s education and future, quality of life and expansion of business. Other factors of consideration would be NRI status, tax planning and diversification of the portfolio, investment in international real estate, etc.

July 10, 2018

NOTE: FOLLOWING PROGRAM IS CLOSED AS OF March 2019. For the latest startup,  innovator, and investor visa of UK – click here

Business Immigration to the UK under Tier 1 visa class 

  • You must have a bank balance of UK pound 200,000+  which can be yours or taken from friends and relative
  • Must have IELTS band of 5 and above
  • Must visit the UK and take a business exploratory trip
  • Make a detailed business plan showing investment and 2 more job creation
  • Processing time 4-6 months
  • Our law firm has a database of active SME businesses in K who are looking for investment.
  • We will match the business as per your profile.
  • You will be working in the business and drawing a salary
  • You can act as a consultant to another company

For more information send a mail to our law firm with your complete profile: info@ajmeralawgroup.com

December 21, 2017

 

USA government to accept Applications under the International Entrepreneur Rule :

UPDATE 10TH MAY 2021:

  • THIS RULE WAS SUSPENDED BY THE TRUMP ADMINISTRATION BUT REOPNE BY BIDAN ADMINISTRATION.
  • See latest WSJ article – click here

ORIGINAL BLOG OF 2017: 

On 14th December US Immigration department announced that US government will accept the application under the International Entrepreneur Rule –commonly known as Start Up Visa.

These rules were made during the  President Obama Administration and date decided was July 17, 2017. However the rules could not take effect as Department of Homeland Security issued the final Rules only on July 11, 2017 and hence rules were delayed till March 14, 2018.

However, a court case was filed against the delay of the Rules and hence now the Government has been asked to accept the application with immediate effect.

Under this rules there is an unlimited number of the application can be accepted from international entrepreneur to enter the USA, use American investment and grow their Start Up business in USA.

This rules are discretionary and will be decided by Homeland security on a case by case basis for urgent humanitarian reasons or significant public benefit.

This Rules allow  the Start Up founder to come  on a temporary visa basis and does not convert to Citizenship of USA.

Under this final rule, founder of the start up will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for visa as well. The spouse can apply fort work permit once they are USA. Children are not entitle to work permit. These visa is used for a period of three years.

Eligibility

Entrepreneurs applying for parole under this rule must demonstrate that they:

  • Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
  • Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that:
    • The start-up entity has received a significant investment of capital ( US$ 250,00 and above) from certain qualified U.S. investors with established records of successful investments;
    • The start-up entity has received significant awards or grants of (US$ 100,000 and above) for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
      • They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
    • THIS RULE WAS SUSPENDED BY THE TRUMP ADMINISTRATION BUT REOPNE BY BIDAN ADMINISTRATION.
    • https://www.wsj.com/articles/foreign-entrepreneurs-to-gain-more-access-to-immigration-program-11620647100