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Monthly Archives: September 2022

Ajmera Law   →  2022   →  September
Possible green card in 100 years
September 27, 2022
September 27, 2022

For Indian Students Going to USA in 2022 – Possible Green Card Wait Time is 100 Years!!!

Author By Ajmera Law Group Categories EB-5 US Investor Visa, Green Card, US Immigration attorney, US Immigration Lawyer

Are you a student going to USA in 2022 for study with the hope of eventually obtaining a green card? Congratulations on getting admitted to a US university!! But the bad news is you may have to wait for 100 years to get a green card if you plan to settle down in USA after your studies. Read our blog to know more.

Thousands of students start their academic and professional journey in USA and wait in line for a number of years for their green card. Indian citizens living in USA for more than 10 years have not yet received their green card due to the limited employment-based quota. If you are going to USA in 2022, you may have to wait for almost 100 years to obtain a Green Card. Based on our communication with our associate US immigration lawyer, we would like to explain why this is happening.

October 2022 Visa Bulletin

The Dates of Filing Chart from the October 2022 Visa Bulletin show that EB2 India will retrogress well over 2 years to May 1, 2012. This means Indian citizens with advanced degrees, sponsored by their employers and living in USA for more than 10 years, are still in line for receiving their green cards.

The unfortunate part is people sponsored for EB2 India green cards in 2022 will have to wait for 100 years to obtain their green card! This means all EB2 Indian professionals may not even be alive when they get a green card. They will have to keep extending their H1-B visas every 3 years until they retire or until the government refuses to renew the visa. After which they will have to return to India.

One may question why this has come to pass. The main reason behind this situation is the outdated immigration laws. The number of employment-based green cards available to professionals with advanced degrees is only 28.6% of the 140,000. Additionally, the country limits EB2 green cards for people born in the country to only 7% of the total. As a result, the number of Indian professionals with advance-degrees who are obtaining green cards has drastically reduced.

Furthermore, not all countries have limits on EB1, EB2 and EB3 green cards. Thus, unused green cards are offered to some Indians waiting in line for years. 

Current situation of EB2 India

Currently, 140,000 people are waiting for their green cards, and 80% of them are Indian citizens. Considering the fact that US employers are dependent upon highly-educated Indians, one wonders why a quota of EB2 India immigrants is limited to 7% of the total number of immigrants?

Except immigrants from India and China, no other nationalities are waiting in queue to obtain a green card. It seems like citizens of India and China are being penalised due to the county of their birth.

Additionally, immigrant families are facing another hurdle. Children born abroad, after turning 21, are not allowed in USA. They are not even permitted to stay in line as dependents for a green card. Many such children become undocumented and are forced to go back to their home country after turning 21.

Is there a solution?

As discussed above, it can clearly be seen that US immigration laws are antiquated and require reform. If reforms don’t come soon, highly educated Indians will get demotivated about going to USA. Sensing the need of the hour, Senator Rand Paul, an American physician and politician serving as junior U.S. senator, has introduced the Backlog Elimination, Legal Immigration, and Employment Visa Enhancement (BELIEVE) Act.

This Act aims to end the limits placed on green cards for employment-based immigrants. It also proposes to increase the number of green cards for EB2 immigrants from 140,000 to 270,000. Additionally, entire families – spouses and minor children – will be included in the quota.

It doesn’t end here. The BELIEVE Act will eliminate the EB2 and EB3 India green card waiting times. The Act creates a levelled playing field for employment-based immigrants who must play by the rules and help the county by boosting the US economy.

To summarise, many highly educated Indian citizens waiting for green cards in USA may finally see a ray of hope in form of the BELIEVE Act. Get in touch with US immigration lawyer to stay updated.

Mistakes to Avoid While Applying for Business Immigration to Canada
September 19, 2022
September 19, 2022

6 Mistakes to Avoid While Applying for Business Immigration to Canada

Author By Ajmera Law Group Categories Canada, Canada Business Immigration

Are you planning to start your immigration process to Canada? Then this blog is for you.

A large number of Indian citizens are looking for permanent residence and eventually citizenship of Canada as living there entails many benefits. The first and foremost benefit is greater employment opportunities.

Canada also offers a high quality of life and free universal healthcare to its residents. This is what attracts immigrants to Canada from all over the world. Additionally, the country has one of the lowest crime rates in the world. It is country with one of the most abundant natural resources and natural scenery.

For its economic growth, the Canadian government is actively looking to attract foreign workers as well as investors.

Canada is the first country in the world to introduce a business immigration program and has always remained at the forefront in attracting entrepreneurs, investors and new talent globally. The country and its provinces offer many different investment programs through which one can obtain permanent residency. Whatever program one chooses, one is obliged to go through the necessary immigration process. So, let’s start with the mistakes one must avoid before and during the application process.

1. Business exploratory trip:

Before applying for residency of Canada under any business immigration program, it is advisable to undertake a business exploratory trip to explore the business opportunities. To visit Canada, obtaining a visitor visa becomes necessary. Before submitting a visitor visa application of Canada, it is important to ensure that all details in the application are consistent with all your facts and documents. Incorrect or inconsistent information in the visitor visa application can create problems for future business immigration application.

2. Language test:

Applying for a Canada business immigration visa or start-up visa requires a minimum score of 5 bands in IELTS. It is important to have this minimum score before applying for any business immigration program of Canada. Adverts that proclaim that they can help you obtain residency of Canada with an IELTS score of less than 5 bands are misleading and nothing more than a scam to entice vulnerable customers.

3. Related business:

Ensure that the business you plan to start (if it is a new business) or buy (if it is an existing business) in Canada is related to the business you are already operating and managing in your home country. We meet many clients who are in the real estate development business in India but wish to open a retail business in Canada. This can cause many difficulties in obtaining approval from Canadian government authorities.

4. Investment amount:

The basic investment requirement for Canada under many of its business immigration programs is between CD$ 100,000 to CD$ 200,000. However, most Indian business persons presume that just by investing this requisite amount they can obtain permanent residence of Canada. This is not true. This investment amount is just one of the many requirements. In addition to the investment, the business activity you wish to pursue in Canada must meet the Canadian government’s guidelines.

5. Investing in a business owned by family or friends:

There is a large Indian community in Canada and many Indian business persons feel comfortable in making an investment in their relatives’ or friends’ businesses. They feel this will ensure the safety and security of their investment. As such there is no bar to such an investment. However, our experience shows that such applications (where investment is in a relative’s/friend’s business) are scrutinized very closely because the government wants to ensure that the investment made is a real and not just a ploy to obtain immigration of Canada.

6. Not looking for proper guidance:

Many businesspersons prefer to complete the immigration application process themselves. But looking at the complexity of the process, it is recommended that applicants consult a qualified and experienced immigration lawyer for guidance. The paperwork involved is so complex and plentiful that only with the help of an experienced and knowledgeable lawyer can success be ensured.

Conclusion

Canada has been voted one of the best countries to live in year after year. If you wish to immigrate to Canada under one of its business immigration programs, it is advisable that you avoid the mistakes mentioned above. It is strongly recommended that you consult a qualified lawyer specializing in Canadian immigration to ease the process. Our law firm can help you every step of the way to ensure success.