December 2017 - Ajmera Law

December 26, 2017

Study in Canada | Work in Canada for two years | Start your business in Canada to receive PR of Canada

By ajmeralawim Canada, Residency & Citizenship by Investment, Study Abroad & Planning

Many students who are going to study in Canada find it very difficult to find a job in Canada in their own field and then receive sponsorship to get Canadian Immigration under Canada Experience class.

In order to retain these foreign students in Canada few provinces in Canada have come up with a new category called International students business class.

If you are studying in Canada at a designated education institute for two years and you have received your graduate’s work permit for three years and if you own 100% of the Canadian business and run and manage for a period of 12 months you are edible to apply for immigration to Canada.

In this class, you are creating job for yourself.

You must be under the age of 40, with an IELTS score of 5 bands each. If the business is located in rural area additional points are awarded.

If the spouse has studied in Canada, has an IELTS score of 5 bands, your application will be awarded additional points.
The student must be 100% owner of the business which is a real business with at least one job and the applicant is working full time into the business.

The following businesses are not allowed.

• adult services including but not limited to the production, distribution, and/or sale of pornographic or sexually explicit products and/or services,
• and/or the provision of sexually-oriented services;
• aestheticians and services;
• beauty salons;
• bed and breakfast accommodations;
• coin-operated;
• consultancy (business or agency that offers expert professional advice in a field);
• cooperative (business or organization owned and operated by its member);
• credit or debit cards (active or inactive);
• domain names;
• a farm that is maintained without expectation of being a primary source of income;
• financial brokerage (a business that derives its prime source of income
• from acting as an intermediary for buyers and sellers); • financial services including, but not limited to cooperatives and/or credit unions;
• home-based and/or businesses operating from residential property;
• landlord property and rental management;
• not-for-profit businesses and organizations;
• property investment (purchase of a real estate for the intention of earning a return on the investment, either through rental income, the future resale of the property, or both);

Several provinces of Canada office this program.

For more information on this and other eligibility for immigration to Canada send us an email: info@ajmeralaw.com

December 26, 2017

Immigration to Canada – New plan announced for three years

By ajmeralawim Canada, Canada Business Immigration, Canada PNP Program, Residency & Citizenship by Investment

Immigration to Canada – New plan announced in November 2017

Canada has long history of taking immigrants from all over the world in last 25 years and this has become more obvious when government of Canada announced their next three years pan for taking total number of new immigrants.
As per latest plan in the year 2018 -2010 government wish to except 310,000, 330,00 and 340,000.

This is equivalent to 1.3% of the total population of Canada. In the past government has accepted 1% of the total population and total number of immigrant was less than 300,000.

Here is the data for several categories:

2018			2019		2020		Total	% Increase
Economic Programs			Range	Target	Range	Target	Range
	Express Entry, Skill and Canada Exp. class	71,700	72,700-78,200	74,900	76,000- 83,000	81,400	81,000-88,000	+19.66%
	Atlantic Pilot Program	2,000	500- 2,000	1,000	1,000-4,000	2,000	2,000-4,000	+100%
	Caregivers	18,000	15,000-20,000	17,000	9,500-15,500	14,000	4,000-7,000	-72.22%
	Business	500	500-1,000	700	500-1,500	700	500-1,500	+40%
	Provincial Nominee Programs	51,000	53,000-57,400	55,000	57,000-63,500	61,000	62,000-68,500	+32.94%
	Quebec Skilled Worker Program and Quebec Business	29,300	27,900-29,900	28,900	31,500-33,500	32,500	31,500- 33,500	+10.92%
	All Economic Programs	172,500	169,600– 188,500	177,500	175,500–201,000	191,600	181,000-202,500	+13.51

This rise in total immigration number is clear indication that Canadian Government wish to attract more immigrants. However from overall interest from all the countries in recent years many prospective immigrant may find immigration to Canada rules difficult. However due to high demand of Canada immigration bar is raised higher and higher.

On the other hand one may also realise that compare to Australia and New Zealand, Canada is accepting 5 times more immigrants per years only after USA.

Are you interested in immigrating to Canada just email us your detail and will be happy to advise you for your chances for immigration to Canada. Email: prashant@ajmeralaw.com

December 21, 2017

USA government introduces Start Up Visa – 2021

By ajmeralawim Residency & Citizenship by Investment, US start up visa program

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 14^th 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

December 21, 2017

Canada Business Immigration – PNP Entrepreneur Programs -10 options available

By ajmeralawim Canada PNP Program, Residency & Citizenship by Investment

Canada Business Immigration programs – under Provincial Nominee Business Immigration Program (PNP) – 10 options to choose from!!!

Canada is a pioneer in Business Immigration program and always remained forefront in coming up with new programs and options to attract the entrepreneur from all over the world.

Due to businessmen’s attraction to set up business in the major city of Canada such as Toronto, Montreal, and Vancouver, the federal government of Canada has signed up an agreement with various provincial governments, which has developed their own Business Immigration programs for SMEs and also for farmers in some provinces. This has allowed businessmen to choose from 10 business Immigration programs of Canada knows as PNP Entrepreneur business immigration programs.

Here are in general requirement range:

The investor must have assets in the amount of CD$ 600,000 to $ 800,000;
Two to three years of Business Experience as an owner or senior executive of a company.
A business exploratory trip to Canada for 2-3 weeks and
A detailed business plan with a complete understanding of the viability and legality of the business to be started in Canada
Job creation for 2-3 people for the Canadian citizens or permanent residence.
IELTS band of 4 or 5

The businessmen are allowed to open a new business, purchase an existing business or make a partnership with local businesses.

If a businessman has not taken his business exploratory trip and met government departments, professionals, business association, business counterparts and find out about the rules and regulation for the operation of a business, find data for his business and make a detailed business plan, we believe officer will not be satisfied that you are a serious businessman and your application is not likely to receive a favorable assessment.

Please note that amount and requirement shown are minimum as guidelines only. If a businessman does not show his commitment to start and operate the business himself he will have difficulty getting his application approved.

To see the comparison of all the Canada PNP business immigration programs click here

December 5, 2017

EB-5 USA Green card – Investment as Debt or Equity or Fund?

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

USA green card by investment – EB-5 Visa:

Investment can be made as Debt or Equity or Fund

The EB-5 Visa provides the most flexible path to a Green card and is based on investment in the US. The EB-5 Visa does not require the applicant to manage the day-to-day affairs of a business. One may invest in an existing business or a new business. More than one person may invest in the same business. The EB-5 investor may be a minority owner of the business.

One may qualify for an EB-5 Visa by:

Investing One million dollars and hiring ten employees anywhere in the USA.
Investing $500,000 US and hiring ten employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%.
Investing in a regional center.

The INS has designated specific areas, called Regional Centres, as eligible to receive immigrant investor capital. The INS has approved over 520 Regional Centres. Regional Centre investors may rely on indirect job creation rather than directly hiring ten employees. A competent professional, such as an economist, must quantify the indirect employment. If the regional center is in a high unemployment area, the required capital is reduced to $500,000 US. Presently there are projects underway in many regional centers whereby making an investment of $500,000 in a limited partnership can qualify an individual for applying for a Green card through the EB-5 Visa program.

Out of the 10,000 Investor visas (EB-5 Visas) available annually, 5,000 have been set aside for those who apply under a pilot program involving an INS-designated “Regional Centre” To date, this quota has not been exceeded.

EB-5 investors include people from all walks of life – professionals, business people, persons wanting to facilitate a child’s education, and retirees. Because the EB-5 Visa permits employment in the US, many EB-5 investors become involved in charity or part-time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA.

Our firm has identified several regional centers that offer investment as Debt which is a loan to a business, Equity in which investor is a partner in the business, or Fund investment in which fund is created to loan several businesses and risk is minimized.

Make an investment in the EB-5 project with confidence.

Do not do an analysis of the EB-5 project but find the right immigration lawyer in India and the USA who can assist you to navigate the whole process of EB-5.

Prashant Ajmera & Associates

Monthly Archives: December 2017