July 28, 2018

So it has finally come from the horse’s mouth!

According to the article published in Midday (Mumbai edition) on 28th July, 2018, Mehul Choksi has admitted to obtaining the citizenship of Antigua in order to expand his business.


Mr. Choksi further stated that there was no truth in the allegations levelled by the Indian government against him. He is allegedly involved in over $2-billion Punjab National Bank scam. Mr. Choksi claims he has taken Antigua citizenship last year to expand his business, as the passport of the Caribbean nation provides visa-free travel to 132 countries, local media in Antigua reported.

“I lawfully applied to be registered as a citizen of Antigua and Barbuda under the Citizenship by Investment Program. During the course of my application, I did all that was lawfully required of me to do. My application for citizenship was in due course approved,” the statement published in the newspaper said.

Choksi had taken the citizenship of Antigua in November 2017, and oath of allegiance on January 15 this year. “My application was motivated by my desire to expand my business interest in the Caribbean and to obtain visa-free travel access to 130 or so countries,” the statement said, adding that he was in the United States in January 2018 for medical treatment. “Having received treatment I am still in a state convalescence. That being the case I have decided to reside in Antigua and Barbuda,” it read.

Many HNIs and businesspersons from India have started taking interest in the Citizenship & Residency programs of Caribbean countries because of the multiple reasons. The most important among then are:

  1. Visa free travel to over 130 countries around the world.
  2. Close proximity to the U.S. markets.
  3. High quality of life
  4. Quick processing of applications and direct citizenship (passport) through investment
July 28, 2018

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:

  1. 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.

  1. 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.

  1. 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 28, 2018

Cyprus real estate market is ready for Indian investors and developers alike.

Cyprus is small island country in the Mediterranean region south of Turkey.  The island’s natural beauty and its dynamic real estate market has attracted the attention and investment of HNIs and businessmen all over the world. The most attractive facet of investing in Cypriot real estate is that it can get you and your family residency or citizenship of this country. Hence you can become a resident of the EU by purchasing real estate in Cyprus thus gaining automatic access to the huge European market.

It is true that the Cypriot economy was heavily affected during the economic crisis of 2013 that brought many European economies to the brink of collapse. But interestingly, Cyprus was one of the few countries that was able to turn the tide around rather quickly. Now the Cypriot economy is thriving under its able administration.

The real estate market of any country directly reflects the overall performance of its economy. After the 2013 crisis, the government of Cyprus introduced the Residency & Citizenship program fornon-EU citizens. Under this program, investors making an investment of €350,000 in real estate are granted Cypriot residency and those making an investment of €2 million to €2.5 million in other various combined assets, including residential real estate of €500,000, are granted Cypriot citizenship.

The Cypriot Residency & Citizenship program is one of the most attractive and value-for-money programs in the world. It has garnered interest not only from investors but also reputed developers who have entered into joint ventures with local developers.

This has increased the confidence level of the local real estate market and consequently the economy. The GDP growth in 2017 was 3.4 % and International Monetary Fund (IMF) predicts further GDP growth of 2.6% in 2018.

Due to strong market indication and high demand for real estate across Cyprus, there was a substantial increase in real estate transactions and new construction permits in 2017.

Interest from foreign buyers for high end properties (€1.5 million and above) has increased by 45% in 2017.

Growth in all property price indices was recorded during 2017, reflecting the increased demand and activity levels in the real estate sector.

Following are the highlights of the real estate market in Cyprus during the year 2017:

  1. There was 49% increase in the value of new building permits. The capital city of Cyprus accounts for 35% of the total permits or market share.
  2. There was 24% increase in sale contracts across Cyprus. Though the capital is Nicosia, Limassol is the country’s financial capital and it recorded 35% of the total transactions. At the same time, Famagusta recorded the highest annual growthof 44%in number of sale contracts during 2017. Nicosia recorded a growth of 42%.
  3. There was an increase of 33% in sale transactions by foreign buyers. Paphos and Limassol are the most popular destinations among foreign buyers. However, during my recent visit to Cyprus, I observed that the Ayia Napa area is not very popular among investors and is an attraction only for tourists. This area has great potential for foreign investors.
  4. There was a rise of 45% in the purchase of high-end real estate as these purchases are directly connected with Europe passport/ Cyprus citizenship program.

Experts believe that the Cypriot real estate market will be doing really well in the coming years.

As attorneys, we assist Indian HNIs and developers to make suitable investmentsin Cyprus and manage all legal aspects associated with the process.

E-mail us at: info@ajmeralaw.com for more information visit www.ajmeralaw.com

July 14, 2018

EB5 Investors Magazine is organizing in Los Angeles EB-5 Convention at The Westin Bonaventure Hotel and Suites on July 23-24, 2018.

This two-day educational, networking event will host a gathering of broker-dealers, developers, immigration and securities attorneys, migration agents, regional centers and other EB-5 program stakeholders.

The conference not only about EB-5 but speakers and panelist are coming from all over the world to talk about Residency & Citizenship program of various countries.

The event will also feature special guest speakers and sponsorship opportunities.

The lawyer from our law firm Mr. Prashant Ajmera will be speaking at this conference as one of the panelist speaker at India : Market Spot Light. www.ajmeralaw.com

More information about this conference can be fond at Read More

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.


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@ajmeralaw.com