USA Green card by investment Archives

June 25, 2021

EB-5 US Green Card by Investment Updates June 2021 | Investment Reduced to US$ 500,000

By Ajmera Law Group EB-5 US Investor Visa, Green Card, Headlines, Residency & Citizenship by Investment

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.

Mexican Franchise – Start in any state in the USA which meets the definition of TEA area
Co-working space and daycare center based in LA, USA
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:

Read complete the US court judgment here

June 1, 2021

USA clears Path for Foreign Entrepreneurs and Start-ups

By Ajmera Law Group EB-5 US Investor Visa, Green Card, Headlines, Investor Visa, Residency & Citizenship by Investment and Indian market, US start up visa program, USA

By removing the Trump administration 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 then 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 from the venture capital in the 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. 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, the group’s president and chief executive.

“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 Acting U.S. Citizenship and Immigration Services Director Tracy Renaud.

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.

This article is contributed by Ms. Dishita Sheth, Intern at Ajmera Law Group

May 26, 2021

The US Start-Up Visa Program – Requirements for start-ups who wish to relocate to the USA!

By Ajmera Law Group Residency & Citizenship by Investment, US start up visa program

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

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.

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.

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%.

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

(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.

April 29, 2021

Are you looking for a second home in the world!

By Ajmera Law Group Residency & Citizenship by Investment

A quick analysis of the Residency & Citizenship by investment program of the world!!

Ajmera Law Group’s analysis and comparison of RCI programs of several countries will surprise you.

To attract the right kind of global businesspersons and entrepreneurs to their countries, two G-7 countries have reduced the investment amount which is now the lowest in the world.

Name of the country	Investment amount	Name of the visa program
USA	US$ 200,000 to 1,800,000	Non-Immigrant L1, E2 visa, and Green card under EB-5
Ireland	€ 500,000	Permanente residency
Australia	A$ 500,000	Business innovation Stream (Provisional to PR)
New Zealand	NZ$ 100,000	Permanente residency
Canada	CD$ 100,000	PNP Business program ( temporary residency to PR)
UK	£ 50,000	Innovator visa (ILR)
Malta	€ 250,000	Permanente residency
Cyprus	€ 300,000	Permanente residency
Portugal	€ 350,000-500,000	Golden Visa – Permanente residency
Spain	€ 500,000	Golden Visa – Permanente residency
Greece	€ 250,000	Golden Visa – Permanente residency
Bulgaria	€ 512,000	Permanente residency
Turkey	US$ 250,000	Citizenship
Grenada	US$ 150,000	Citizenship
Carrabin Countries	US$ 100,000+	Citizenship

April 20, 2021

How many Indian HNIs have permanently left India for a new home? – The real story!

By Ajmera Law Group Headlines, Residency & Citizenship by Investment and Indian market

How many Indian HNIs really left India?

In the last few years, we have time and again read articles in the Indian media with the following eyeball grabbing headlines:

23,000 dollar-millionaires have left India since 2014– 19^th March 2018
‘5,000 millionaires left India last year’ – 10^th May 2019
‘5000 Super Rich Have Left India In 2018’ – 3 Reasons Why This Is A Disaster – 17^th April 2019
‘India’s millionaires are fleeing from homeland — And these are the countries where they are headed’ – 14^th May 2019
‘Indian rich top world in looking to leave the country’ – 13^th February 2021
‘Wealthy Indians Top World In Looking to Leave Country: Report’ – 13^th February 2021
‘Indian Millionaires Are Investing in Second Citizenship and Moving Abroad’ – 16^th April 2021

Being in the immigration industry with more than 28 years of experience, I was intrigued by these headlines and the alleged figures. Yes, India’s rich and famous are leaving the country and opting for a second passport but the numbers cited in many of these articles seemed preposterous.

I decided to do some research to determine if this was true. I picked out the last article and tried to reach the author of the article. He was nice enough to send me the report which was referred to in this article. He also sent me a note saying – ‘Our figures are estimates’.

I also reached out to the bank which has been part of the same report and quoted in several pressnote. The bank, however, has not replied to my email.

Here is the official data from the Reserve Bank of India (the regulatory bank in India) of the remittance/investment made by Indian citizens overseas in the last 4 years.

Outward remittances/investments made under the Liberalised Remittance Scheme (LRS) for Resident Individuals / Indian Citizens – Published by Reserve Bank of India (RBI)
(US$ Million)
Item	2016-17	2017-18	2018-19	2019-20	TOTAL of Four years
	2016-17	2017-18	2018-19	2019-20	TOTAL of Four years

1 Outward Remittance under the LRS – TOTAL for the year	8,170.7	11,333.6	13,787.58	18,751.40	52,043.28
1.1 Deposit	283.8	414.9	455.94	623.37	1778.01	Investment
1.2 Purchase of immovable property	92.9	89.6	84.53	86.43	353.46	Investment
1.3 Investment in equity/debt	443.6	441.8	422.90	431.41	1739.71	Investment
1.4 Gift	749.5	1,169.7	1370.24	1904.53	5193.97	Expenses
1.5 Donations	8.8	8.5	8.67	22.32	48.29	Expenses
1.6 Travel	2,568.0	4,022.1	4803.81	6954.20	18348.11	Expenses
1.7 Maintenance of close relatives	2,169.5	2,937.4	2800.88	3437.46	11345.24	Expenses
1.8 Medical Treatment	17.3	27.5	28.59	33.88	107.27	Expenses
1.9 Studies Abroad	1,536.4	2,021.4	3569.87	4989.04	12116.71	Expenses
1.10 Others	300.8	200.6	242.15	268.74	1012.29	Expenses
Note: 1.10: Includes items such as a subscription to journals, maintenance of investment abroad, student loan repayments, and credit card payments.

We can plainly see from the above RBI data that the ‘estimates’ cited in most reports and their subsequent press notes are nowhere near the actual figures. It appears that these articles/press notes are nothing more than self-serving paid advertorials.

By creating a hype that a large number of Indians are leaving the country by opting for a second passport, they perhaps want to popularize the Residency & Citizenship by Investment programs offered by different countries in India. They hope that rich Indians will join the bandwagon and sign up for these programs.

February 10, 2019

Millionaires On The Move – A book on – Residency & Citizenship by Investment including EB-5 & Canada Business Immigration

By Ajmera Law Group Events

This book was published on 16th Jan. 2019. To get your copy click here.

The second edition is due in Q3 of 2021.

February 10, 2019

What Question investor should asked for EB-5 investment?

By Ajmera Law Group EB-5 US Investor Visa, Green Card, Investor Visa, Regional Centers, Residency & Citizenship by Investment, USA

How to select your EB-5 project and make a safe investment in the EB-5 project?

Regional Centers, Broker dealer, Agent, and mortgage broker who is showing you EB-5 project, you should ask the following questions.

What year was the Regional Center first approved by USCIS?
How many EB5 projects has the Regional Center completed?
How many I-526 and I-829 approvals obtained by the investors in the Regional Center.
May I have a copy of the PPM _ Private Placement Memorandum) so I can review the credit agreements for the senior bank loan and the other loans?
Is it true that the EB-5 loan is the last loan to be repaid because the Senior Bank Loan will be paid first?
Does the EB-5 loan have a security interest in real estate or in the assets of the developer or Regional Center?
May I have a copy of the EB-5 insurance policy? Does the policy cover the 3 primary reasons for application denial: fraudulent statements, criminal background and source of funds issues?
If the project doesn’t sell as quickly as expected, could the EB-5 loan be extended beyond 5 years?
If the project sells for 15% less than expected, could I lose all or a portion of my investment?
Where is the money coming from to pay the interest on the bank loan?
Does the Fund provide the letter from the senior bank loan and the private loan as well as the Targeted Economic Area?

Find out these answers and consult our law firm to compare answers with Regional centers we work with and answer provided by them to these questions.

Email: prashant@ajmeralawgroup.com

July 28, 2018

Simplifying the EB-5 Program – Investing in EB-5 business as a debt, equity partner or in the fund?

By Ajmera Law Group Citizenship, EB-5 US Investor Visa, Green Card, Regional Centers, Residency & Citizenship by Investment

Of late a large number of regional centers have entered into the EB-5 market, offering a variety of investment choices to investors. This has resulted in investors becoming more and more confused regarding the most appropriate investment option most suitable to their needs and long term goals.

I regularly meet clients who have a very sound financial background, yet are completely lost when choosing the right EB-5 investment.

Here are the three most common offerings in the EB-5 market at present:

DEBT Model:

98% of the offering in the EB-5 market is using this model. This model involves three entities:

(i) The company who has been granted the ‘Regional Center(RC)’ approval

(ii) The developers who have incorporated a company or LLP -1 for the project, and

(iii) Another LLP-2 which is used as an investment vehicle for EB-5 purposes.

As an investor, you will be making investment in LLP-2 which will loan fund to LLP-1. In return, LLP-1 will give credit for all jobs created in the project to LLP-2so as to meet the mandatory ‘Creation of 10 jobs’ requirement of the EB-5 program.

Investment is generally made for a period of 5 years and at the end of 5 years, the capital is returned to the investor by taking a second mortgage.

LLP-1 also offers interest to EB-5 investors which can be in the range of 1%-4% per annum. Ideally, if all these three entities are managed by one single developer company, then this particular EB-5 project can be considered a good selection.

However, in reality, we see that RC approval is obtained by one entity, which then seeks out a developer to develop the project and an entirely different third company is involved in marketing the project. If you do adequate research you will find that there are very few developers who are directly involved in the marketing of their project.

In these type of projects, the local banks havethe first claim, promoters have second claim and EB-5 investors have the last claim to receive any money in the event of project failure.

EQUITY Model:

Very few companies are currently offering the equity option for EB-5 investment. In this model, only one company or LLP is created by developers of the project and EB-5 investors are required to make an investment in this particular LLP only. EB-5 investors give the managing rights to the developers. In this model, the investors are not given any fixed returns but are offered a percentage of the profits as and when the project becomes profitable, while the developers take only a small portion of the profit.

In this model, the risks are higher but returns can be as high as 10%-12% per annum. Some of the hotel projects for which our law firm has raised EB-5 investment capital were based on this model and have consistently given good returns.

In many EB-5 projects, there are no loans from local banks or lenders except bridge loans. Because of this, the properties are mortgage-free right from day one and chances of failureare very low,while those of good returnsare very high.

In case the project fails, the capital can be distributed amongst all the EB-5 investors as compensation since there is only one class of investors.

FUND Model:

Quite a few RCs are offering this model now. In first two options, there is one project and one company or LLP. In the Fund model, a fund of a certain predetermined amount is created to loan money to several projects and hence the risk is distributed equally among several projects. An annual fixed return is given to investors which can be in the range of 1%-3%.

Simply put, the first model can be compared to a debenture, the second one to a share investment and the third one to a mutual fund investment. Each model has its own pros and cons. However,the bottom line is that a viable EB-5 project must have good developers who have a successful track record in non-EBB and EB-5 project development.

This article outlines very general information regarding EB-5 investment options for the sole purpose of easy understanding for investors at large. Each investor must seek appropriate legal advice and consult their financial advisers before making any kind of the investment.

July 10, 2018

Doing business or Investing in USA – EB-5 – L1 – EB-1 (c) or E2 visa

By Ajmera Law Group EB-5 US Investor Visa, Green Card, Investor Visa, Regional Centers, Residency & Citizenship by Investment

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.

Simple export of goods and services to USA consumer or business.
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.
Purchase of Real estate in the USA – any type of visa not possible but can take benefit of rental income and capital gain.
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.
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.
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.
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.
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.
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.

March 2, 2018

Updates from our law firm – events – speaking – moderator –

By Ajmera Law Group Events

Our law firm and its founder is regularly invited to speak, moderate a panel, advise on organizing RCI conference and events, contribute articles, etc. on a regular basis. For the complete list click here.

News and Updates about our law firm.