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Yearly Archives: 2023

Ajmera Law   →  2023
Study Abroad and mistakes to avoid
December 4, 2023
December 4, 2023

Indian Millennial Parents and Planning Their Child’s Foreign Education

Author By Prashant Ajmera Categories Student Visa, Study Abroad & Planning

**Charting the Course: A Guide for Millennial Indian Parents in Planning Their Child’s Foreign Education Journey**

Millennial parents, born between 1981 and 1996, are known for their progressive parenting style. Unlike traditional approaches, they prioritize personal growth and career development before embracing parenthood. This forward-thinking mindset extends to their children’s education, with a strong inclination towards providing them with the best possible opportunities, often including foreign education.

In this blog, we will explore essential steps for Millennial Indian parents in planning their child’s journey towards studying abroad.

1. **Start Early:**

The key to a successful foreign education plan is to start early. Waiting until grade 12 or completion of a bachelor’s degree may limit options and increase financial pressure. Begin preparations during your child’s formative years, ensuring a smoother transition into higher education abroad.

2. **Language Proficiency:**

English proficiency is a crucial factor for success in foreign education. Ensure that your child excels in all four language skills: reading, writing, speaking, and listening. Proficiency in other languages, depending on the chosen destination, is also beneficial.

3. **Professional Licensing Considerations:**

For children aspiring to pursue professions such as medicine, law, or engineering that require licensing, investigate the process for obtaining licenses in foreign countries. Understanding the licensing requirements early on will help in making informed decisions about your child’s career path.

4. **Timing of Bachelor’s Degree:**

Consider sending your child abroad for a four-year bachelor’s degree program after completing grade 12. Financial considerations should be taken into account, and planning for this major expense should be integrated into your overall financial strategy.

5. **Residency and Citizenship Opportunities:**

Explore residency and citizenship by investment programs. These options can lead to significant financial savings, especially in countries like Canada, where the difference in tuition fees between local and international students can be substantial.

6. **Diversify Your Financial Portfolio:**

To mitigate the impact of currency fluctuations and rising education costs, consider diversifying your investment portfolio globally. Creating savings in foreign currencies can act as a hedge against currency risks and help you stay ahead of the increasing expenses associated with foreign education.

7. **Professional Guidance:**

Seek assistance from international career counselors rather than relying solely on student visa agents or consultants. Professional guidance can help identify your child’s aptitude, align it with suitable higher education options, and ensure a well-informed decision-making process.

8. **Invest in Aptitude Assessment:**

Invest in aptitude assessments for your child. Professional help from international career counselors can play a vital role in identifying your child’s strengths, weaknesses, and interests, leading to more tailored educational choices.

9. **Diverse Paths Beyond Studying Abroad:**

There are various avenues to consider, each with different financial considerations. It’s not imperative to opt for the most expensive route, such as studying abroad, to establish a life overseas.

 

Conclusion:

Millennial Indian parents, driven by a commitment to providing the best for their children, are embracing foreign education as a pathway to broader horizons.

By starting early, addressing language proficiency, considering professional licensing, and strategically planning finances, parents can pave the way for a successful and fulfilling international education journey for their children. Remember, it’s not just about getting there; it’s about charting the right course for a bright and prosperous future.

For international career counseling for your child’s foreign education, along with expert insights into financial considerations and immigration options, consult with an experienced Immigration Lawyer. As a Canadian citizen and Non-Resident Indian (NRI) with three years of valuable experience, I bring in-depth knowledge to guide you through this crucial decision-making process.

Contact Prashant Ajmera, Advocate at Mo: +91 99 74 25 3030 or via email at info@ajmeralaw.com for personalized assistance and comprehensive support on your journey towards a successful foreign education and beyond.

November 26, 2023
November 26, 2023

Study Abroad – Five Common Mistakes Indian Parents Make

Author By Prashant Ajmera Categories Student Visa, Study Abroad & Planning, USA Student Visa

“Navigating the Path to Foreign Education: Five Common Mistakes Indian Parents Make”

Introduction:

Embarking on the journey of sending a child to study abroad is a dream for many Indian parents. However, certain pitfalls often hinder the process, leading to missed opportunities and financial strain. In this blog post, we’ll shed light on five common mistakes made by Indian parents in their pursuit of providing an international education for their children.

 1. Waiting Until Grade 12 or After Bachelor’s Degree:

One prevalent mistake is delaying the planning process until the child reaches Grade 12 or completes their bachelor’s degree. By then, crucial decisions about courses, universities, and application processes may be rushed, limiting the options available.

2. Lack of Financial Planning:

Financial considerations are paramount when sending a child abroad for education. Unfortunately, many Indian parents overlook the importance of early financial planning, including estimating the future need for foreign currency and accounting for the escalating costs of education in foreign countries.

3. Neglecting Research on Educational Institutes and Job Prospects:

A critical oversight is not thoroughly researching the quality of educational institutions, potential job prospects, and the likelihood of immigration for the child upon completing their studies. Understanding these factors is crucial for making informed decisions about the child’s academic and professional future.

4. Relying Solely on Foreign Education Loans:

While foreign education loans may seem like a convenient solution, solely relying on them can pose a significant risk to personal finances. Indian parents sometimes take loans without fully assessing the long-term implications, potentially jeopardizing their financial stability.

5. Avoiding Professional Assistance:

Many Indian parents, for various reasons, refrain from seeking professional help to navigate the complexities of planning their child’s foreign education. Engaging experts who specialize in this field can provide invaluable guidance on choosing the right course, university, and financial strategy, ultimately saving both time and resources.

Conclusion:

Embarking on the journey of sending a child to study abroad is a significant decision that requires careful planning and consideration. By avoiding these common mistakes, Indian parents can ensure a smoother process, laying a solid foundation for their child’s successful academic and professional journey overseas. At Ajmera Law, we understand the nuances of international education planning and are here to assist you every step of the way.

The author of this Blog is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

 

 

November 14, 2023
November 14, 2023

Quebec’s Business Immigration Program to Canada to open in Jan. 2024

Author By Prashant Ajmera Categories Canada, Canada Business Immigration

“Challenges for Many Indian Investors in Meeting Eligibility for Quebec’s Business Immigration Program to Canada IN 2024”

** Quebec Immigrant Investor Program (QIIP) Reopens in 2024**

In a significant development, the Government of Quebec has unveiled the final version of its updated immigration regulations, marking the reopening of the Quebec Immigrant Investor Program (QIIP) from January 1, 2024. This announcement is a positive stride forward, bringing fresh possibilities for prospective immigrants.

**Unique Business Immigration Program: QIIP’s Distinctive Features**

What sets the QIIP apart is its distinctive approach within the Canadian immigration landscape. Unlike other business immigration programs in the country, the QIIP does not mandate applicants to establish or purchase a business, employ Canadians, or invest their capital at risk. It stands out as the only passive investment business immigration program in Canada, offering an alternative route for those seeking immigration through investment.

**Eligibility Criteria for QIIP Applicants: Key Requirements**

To qualify for the QIIP, applicants must meet specific criteria:

1. **Management Experience:** Possess a minimum of 2 years of management experience acquired in the 5 years preceding the application.
2. **Net Worth:** Hold a legally accumulated net worth of CAD$2,000,000.
3. **Education:** Complete studies equivalent to secondary education in Quebec.
4. **Language Proficiency:** Demonstrate proficiency in the French language at an intermediate level (B2, Level 7).
5. **Financial Commitment:** Within 120 days of approval, make a CAD$200,000 contribution to the Government and a fully guaranteed CAD$1,000,000 five-year investment in a Government bond (financing available).
6. **Residency Requirement:** Obtain a three-year work permit and, within 2 years of permit issuance, meet the 12-month residency requirement – six months by the principal applicant and another six months by either the principal applicant or spouse.

**Next Steps: What to Expect in the Coming Weeks**

In the upcoming weeks, more information about the procedural aspects of the program is expected to be revealed by the government. We are committed to keeping you informed and will share updates as they become available.

**Promising Admission Targets for 2024: Clearing the Backlog**

Additionally, the government has announced admission targets for the upcoming year. In 2024, it plans to admit up to 7,900 individuals in the Quebec business categories, representing an 83% increase compared to the projections for 2023. This substantial increase is expected to expedite the processing of QIIP applications currently in the backlog with IRCC.

**Get in Touch: Your Questions Answered**

Should you have any queries about the QIIP or have clients expressing interest, we encourage you to reach out to us.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

 

October 25, 2023
October 25, 2023

US Government’s 2023-24 Policy – No Acceptance of USA Green Card Applications from Indian Students

Author By Prashant Ajmera Categories Student Visa, Study Abroad & Planning, USA, USA Student Visa

US Government’s 2023-24 Policy – No Acceptance of USA Green Card Applications from Indian Students in EB-2 and EB-3 Categories as USCIS has enough applications in this class to process for the years 2023-24. 

How do we get here?

Read further rest of the Blog to find your options.

The USA is a top destination for Indian students pursuing higher education and settlement.

In 2023, Indian students seeking higher education and settlement in the USA should explore all options available to them and not just straight fly to the USA to study as soon as their study is finished in India.

To study, work and settle in the USA, Indian students and family must understand the process and timeline for obtaining a green card.

Step 1: If you plan to study in the USA after completing 12th grade for a bachelor’s degree or after completing a bachelor’s degree in India for a master’s degree in the USA, you must first take an English language or other exams, such as TOEFL or IELTS, and either the SAT or GRE/GMAT. Then, you can apply to various educational institutions and receive your I-20 admission letter. Based on this letter, you can apply for an F1 visa, also known as a student visa.

Step 2: With an F1 visa, you can study in the USA and may also work part-time. After completing your studies, you can apply for Optional Practical Training (OPT), which allows you to work in the USA. At this point, most students and parents feel the child is settled in America but in fact, this will be the start of real wait-and-watch time.

Step 3: Once your OPT work permit expires, you need to find a company in the USA to offer you a job for H1B visa sponsorship. If selected, you may work in the USA for the same company for six years, and in some cases, seven years.

Step 4: After obtaining an H1B visa, you can ask the same company or look for a new company to sponsor you so you can apply for USA green card. All students from all over the world apply under Employment-Based (EB) five categories, as shown in the table published by USCIS in December 2022.

For the past 30 years, the worldwide annual quota for green card visas in the employment-based category has been 140,000. However, as the number of international students increases, this quota is quickly being filled. Of the total quota, 40,000 green cards are allocated to the first three categories of EB, and 10,000 each to the EB4 and EB5 categories.

The majority of Indian and international students apply for the EB2 and EB3 categories, which currently have 351,436 and 112,859 approved green card petitions pending as of December 2022. Due to this backlog, the waiting period for the EB2, EB3, and EB4 categories is estimated to be 11 to 12 years. USCIS is currently processing green card petitions made in 2011 and 2012.

To check the latest priority date for April 2023, please refer to the updated information from USCIS click here

The following is an April 2023 priority dates:

 

Employment-
based		All Chargeability
Areas Except
Those Listed		CHINA-
mainland
born		INDIAMEXICO PHILIPPINES 
1stC01JUN2201JUN22CC
2nd01DEC2208JUL1901MAY1201DEC2201DEC22
3rdC01FEB1901AUG12CC
Other Workers01FEB2001NOV1501AUG1201FEB2001FEB20
4th01OCT1801OCT1801OCT1801OCT1801OCT18
Certain Religious Workers01OCT1801OCT1801OCT1801OCT1801OCT18
5th Unreserved
(including C5, T5, I5, R5)		C01JAN1608DEC19CC
5th Set Aside:
(Rural – 20%)		CCCCC
5th Set Aside:
(High Unemployment – 10%)		CCCCC
5th Set Aside:
(Infrastructure – 2%)		CCCCC

 

Stage 5: If you are fortunate enough to have received an H1 visa and green card sponsorship under the EB2 or EB3 categories, it will still take 20 years before your child can obtain a green card for the USA, and an additional five years after that to become a citizen. With the increasing number of international students applying under these categories, it is possible that the waiting period could extend to 30 years or even longer.

What are the options for Indian students?

Option-1: If you have conducted research during your education and work in the USA and can demonstrate that you possess the exceptional ability or are an outstanding professor or researcher, you may apply for the EB1 (a) & (b) categories. Indian students applying under these categories do not have to face any waiting period.

Option 2 and 3: If you come from an Indian family, you can return to India and work for your family business for a few years, striving to become a senior manager or technical expert. This may open doors for an L1 visa in the USA. Alternatively, if your family’s company in India can take over an existing business in the USA, you may apply under the EB1(c) category for a direct green card for the USA, along with your spouse and children under the age of 21.

Option 4: If you and/or your family are prepared to invest in a NEW business in the USA under the EB-5 visa program, with an investment of US$800,000 or $1,050,000 and the creation of 10 jobs for Americans, you may apply for a green card under the EB-5 category. If you are in the USA on a legal status, you can apply for adjustment of status at the same time as the EB-5 petition.

Option 5: Many Indian and international students have applied for the Canadian Express Entry program to obtain Canadian immigration. The Canadian government is eager to welcome these immigrants with American degrees and experience as new immigrants.

The final verdict is to plan and take legal advice if necessary but not rush

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

 

Benefits of Canadian Citizenship by Investment
October 16, 2023
October 16, 2023

Benefits of Canadian Citizenship you need to know

Author By Ajmera Law Group Categories Canada, Canada Business Immigration, Citizenship

Canada, one of the friendliest and most picturesque countries in the world, welcomes immigrants from every corner of the world. For some, Canada is their dream destination to pursue higher education, and for most, it is their dream to become a Canadian citizen.

The country offers multiple paths to residency and eventual citizenship, with benefits from education to healthcare, employment opportunities, and voting rights. It doesn’t matter whether you wish to settle in Canada or are already residing and planning to take a step further; this blog will take you through the benefits of Canadian citizenship, which are the reasons you should opt for Canada citizenship by investment or the other available options. So, keep reading!

What are the Benefits of Canadian citizenship?

Canadian citizenship offers multiple benefits that help increase the residents’ life quality. Out of numerous advantages, some of the most important ones are;

  • Right to Vote

The citizens of Canada can vote in provincial, municipal, and federal elections, which allows them to contribute to shaping the future of their country, community, and economy.

For citizens of any country, the right to vote is one of the most important rights. It makes them feel at ease and ensures that the government is considering their interests and voices.

  • Right to Government and High-Security Job

Many government jobs in Canada require security clearance, which is typically limited to Canadian citizens. Additionally, internships for government positions during and after studying are often available exclusively to Canadian citizens.

  • Freedom to Travel

According to the VisaGuide Passport Index, the Canadian passport holds the 40th position globally as of October 2023, which means that holders of Canadian passports can travel to as many as 148 countries without a visa or with the facility of visa on arrival. This powerful passport allows access to countries/territories like the USA, UK, New Zealand, Qatar, France, Australia, and more.

  • Working holiday visa for your young Canadians

Canada offers a “Working Holiday” program for young Canadian citizens, allowing them to travel and work in certain countries such as the UK, Europe, Australia, New Zealand etc.  typically for up to 12 or 24 months. The Working Holiday program aims to promote cultural exchange and provide young Canadians with the opportunity to gain international work experience.

  • Special professional and business visa to USA

Canadian citizens do not require a visa to enter the United States for tourism or business purposes, thanks to the U.S.-Canada Agreement. There are certain visa classes available exclusively to Canadian citizens due to special agreements with the U.S. government under USMCA and NAFTA. These include the TN visa for Canadian professionals and E-1 (Treaty Trader) and E-2 (Treaty Investor) visas. Additionally, Canadian citizens can hold dual citizenship in both the USA and Canada.

  • World-class Education at 80% Fees

Canada enjoys a global reputation for the excellence of its education, drawing hundreds of thousands of international students annually for their higher education. In addition, the government offers its citizens abundant funding and scholarship opportunities, along with significant tuition fee reductions of up to 80% for university education and free education from grades 1 to 12.

  • Security and safety

Canada is one of the safest countries across the globe. It is known for a stable political climate, minimum crime rates, social justice, and, most importantly, for providing a secure and safe environment to everybody in the country. It is not surprising that Canada has consistently maintained its top positions in various reports as one of the best countries to live in.

This is one of the major factors to look for when planning to settle in any country, as it increases the standard of living and ensures the safety of loved ones.

  • Easy & Free Access to Healthcare

The country has several public healthcare-funded systems allowing citizens to access subsidized or free healthcare easily. It ensures the people of the country can get necessary medical attention without worrying about their financial hardships. It also displays the country’s commitment to its citizen’s health.

The Takeaway!

Canada, as a country, offers a pool of benefits to its citizens. It is also a land of opportunity for internationals looking forward to settling in the country. So, if you wish to enjoy the country’s beauty, people, nature, and opportunities, contact a Canada investor visa consultant or a consultancy that shows you the correct path to obtaining Canadian citizenship.

October 14, 2023
October 14, 2023

Portugal Golden Visa Investment in Private and Public Funds

Author By Prashant Ajmera Categories Business Visa, Portugal, Portugal Golden Visa, Portugal Investor Visa

Portugal Golden Visa: Investing in Private and Publick Funds Under the New 2023 Rules

Introduction

As of October 2023, Portugal has made significant changes to its Golden Visa program, making it no longer possible to obtain this prestigious status through real estate investments. This shift marks a remarkable transformation in the Portuguese real estate market, which has evolved from being one of the weakest markets, especially after the Lehman Brothers’ collapse, to a booming industry in 2023.

This transformation can be largely attributed to the introduction of the Golden Visa program in 2012. However, the rapid rise in real estate demand prompted the Portuguese government to discontinue real estate investments as a means of acquiring a Golden Visa.

But fear not, as there are still alternative avenues to pursue this coveted visa.

Despite the closure of the real estate investment route, there are six different investment options available for those aspiring to secure a Portugal Golden Visa:

  1. Capital Investment Options:
    • A financial investment or capital transfer of more than €1 million into any business or company, alongside the creation of at least 10 permanent jobs.
    • A financial investment of €1 million in government securities and bonds.
    • A transfer of funds exceeding €350,000 for research activities.
    • A transfer of funds exceeding €350,000 for the acquisition of units of investment funds or venture capital funds.
    • A transfer of funds exceeding €250,000 for artistic or cultural activities.
    • A transfer of funds exceeding €500,000 for the capitalization of small and medium-sized companies.

Ajmera Law Group strongly believes that investing in funds will become the most popular investment choice for obtaining a Portugal Golden Visa in the coming years.

Advantages of Fund-Based Investments

Investing in funds for a Golden Visa has several distinct advantages over real estate:

  1. Cost-Efficiency: Fund investments typically incur lower costs than real estate, as there are no property taxes or maintenance fees to worry about.
  2. No Property Management: With funds, there is no need to concern yourself with property management, tenants, or rental issues.
  3. Potential for Higher Returns: Well-selected funds can provide more favorable returns compared to real estate investments.
  4. Ease of Liquidation: Selling a fund investment is generally more straightforward than selling real estate.
  5. No Property Management Fees: Funds don’t come with the ongoing management fees associated with real estate properties.

Selecting the Right Fund

When considering fund-based investments for a Portugal Golden Visa, it’s crucial to exercise due diligence:

  1. Avoid Real Estate Exposure: Ensure that the fund is not invested in real estate, in compliance with the new regulations.
  2. Regulatory Compliance: Confirm that the fund is registered with the Portugal Securities Market Commission (CMVM) for transparency and regulatory adherence.
  3. Portuguese Company Investment: Verify that the fund allocates a significant portion (at least 60%) of its assets to Portuguese companies.
  4. Investment Diversity: Assess the fund’s diversification strategy to minimize risk.
  5. Exit Strategy: Consider the ease of selling the fund at the end of the mandatory investment period required for the Golden Visa.

Conclusion

With the closure of the real estate investment option for Portugal Golden Visas, investors are now presented with a compelling opportunity to explore fund-based investments.

These investments offer various advantages, such as cost-efficiency, hassle-free management, potential for higher returns, and easier liquidation.

However, it’s crucial to choose funds wisely, ensuring compliance with the new rules and focusing on factors like diversification and an effective exit strategy.

As Portugal’s Golden Visa program evolves, these fund-based investments may well become the preferred pathway for investors seeking this prestigious status.

October 1, 2023
October 1, 2023

USA Business Visa L1 A & B for Intra-Company Transferees

Author By Prashant Ajmera Categories Business Visa, E2 business visa, EB-5 US Investor Visa, Immigration Visa, Investor Visa, L1 A & B Visa, US Immigration attorney, US Immigration Lawyer

Unlocking Business Opportunities in the USA with L1 A & B Visas for Intra-Company Transferees

Introduction:

The United States has long been a land of opportunities for businesses worldwide, and Indian companies are no exception. One of the most economical ways for Indian businesses to establish and expand their presence in the USA is by leveraging the L1 A and B visas.

These visas, designed by the US government, facilitate the transfer of executives, managers, and technical personnel from India to the USA. In this blog, we will explore how Indian businesses can tap into this opportunity to flourish in the American market.

Understanding L1 A & B Visas

The L1 visa category is a powerful tool that enables foreign companies to enter the US market, set up new operations, and bring their foreign employees to the USA. It is especially popular among Indian IT companies, who have extensively utilized these visas in recent years.

According to US government data from 2020, a significant number of L1 visas were issued to Indian IT giants. Tata Consultancy Services (TCS) led the way with 1,542 L1 visas, followed by Infosys with 517, Tech Mahindra with 275, HCL with 142, and WIPRO with 130. These numbers are a testament to the effectiveness of the L1 visa program for Indian businesses.

The Key to Success: Proper Planning:

Regardless of the size of your company, success with L1 A and B visas hinges on meticulous planning. Here are some crucial aspects that Indian businesses need to consider:

  1. Why Expand in the USA: Before embarking on the visa process, it’s essential to have a clear and compelling reason for expanding into the US market. Understanding the market dynamics and identifying specific opportunities is critical.
  2. How to Expand: Establishing a business in the USA requires a well-thought-out strategy. Consider factors such as market research, target audience, competition analysis, and a robust business plan.
  3. Key Employees: Identify key personnel who will play a pivotal role in the expansion. These individuals should have the necessary skills, expertise, and experience to ensure the success of your US operations.
  4. Compliance: Ensuring compliance with US immigration laws and regulations is paramount. Adhering to all requirements and documentation is essential to avoid any setbacks during the visa application process.

L1 Visa as a Quick and Economical Solution:

While the L1 visa can indeed serve as a swift and cost-effective means to enter the US market, it’s crucial not to underestimate the intricacies of the process. Rushing through the application without careful consideration and planning can lead to failure.

Indian businesses should view the L1 visa as a gateway to long-term success in the USA. By investing time and effort in understanding the market, creating a solid business plan, and selecting the right personnel, companies can maximize their chances of thriving in the American landscape.

Conclusion

The L1 A and B visas offer Indian businesses a unique opportunity to establish and expand their presence in the United States. However, success in this endeavor requires meticulous planning, a clear vision, and a commitment to compliance with US immigration laws. By approaching the L1 visa program with these principles in mind, Indian companies can unlock the full potential of the American market and pave the way for sustainable growth and success.

You may find more information on L1 visas at the following USCIS site and our law firm website: 

L1 visa process at the official USA government link.

Basic information about L1 visas on our site

L1 Visa Webinar link

L1 Visa PDF brochure

L1 Visa PPT presentation 

The author of this article/blog is Prashant Ajmera, an Indian immigration lawyer and the founder of Ajmera Law Group. He has been a Canadian citizen for the past 30 years and is also the author of two books: “Millionaire of the Move” and “How to Plan for Your Child’s Foreign Education: Myth vs. Reality”.  He has been assisting and advising Indian businessmen to establish businesses in Canada since 1993.  Consult us

 

August 12, 2023
August 12, 2023

How to Determine Your Eligibility for Canada Immigration under Express Entry?

Author By Prashant Ajmera Categories Canada, Canada PNP Program, Express Entry of Canada, Student Visa, Study Abroad & Planning

How to Determine Your Eligibility for Canada Immigration under Express Entry?

As a prominent immigration law firm in India with over 30 years of experience, Ajmera Law Group have been receiving numerous inquiries from Indian students and professionals who have discovered that they do not qualify for Canadian immigration after arriving in Canada on a student visa or work permit.

These individuals seek advice from our law firm, having paid substantial amounts of money based on false promises of job opportunities or guaranteed immigration to Canada.

In this article, we will guide you on how to conduct a self-assessment to determine whether you meet the requirements for Canadian immigration.

It’s important to note that whether you enter Canada as a student or on a work permit, you will be evaluated under the Canada Express Entry program, which consists of the following subclasses:

  1. Federal Skilled Workers Class (Express Entry Class)
  2. Canada Experience Class ( CEO Class)
  3. Canada Skilled Trade Class (Skill Trade Class)
  4. French Language Proficiency (Introduced in June 2023)
  5. Preferred Occupations (Introduced in June 2023)
  6. Provincial Nominee Program (PNP) nominations from various Canadian provinces (available for 10 different provinces)

The minimum mandatory requirements for the above classes are as follows:

  1. Minimum One Year of Experience Related to Your Education: Many Indian students who rush to Canada face the challenge of lacking work experience in India and consequently struggle to find employment in Canada relevant to their education. As a result, they fail to qualify for Canadian immigration.
  1. Minimum IELTS Score of 6.0 or Higher: Some students may obtain a student visa or work permit with a low IELTS score and arrive in Canada. However, when it comes to applying for permanent residency (PR) in Canada, they fail to achieve the required high IELTS score and, therefore, do not obtain the necessary points for PR. Make sure you have done your assessment for immigration to Canada before you arrive in Canada.
  1. Job Offer as a Manager in Canada: Some individuals receive job offers in India to work as MANAGER in Canada and are misled by their agents, who claim that they will receive an additional 200 points for working as managers in Canada. This information is incorrect. The applicant must have a job offer as a manager in a National Occupational Classification (NOC) occupation at the 00 level. Please refer to the occupation table click here
  1. Minimum IELTS Score of 6.0 and Higher in Each Category: To register for Canadian immigration, you need a minimum score of 6.0 in each category of the IELTS exam and one year of experience related to your education. However, achieving only the minimum required score makes it highly unlikely that you will attain the necessary high CRS score for Canadian immigration. Many agents register applicants’ files on the Immigration, Refugees and Citizenship Canada (IRCC) website, only to inform them later that their scores are not high enough.
  1. Licensed Occupations (e.g., Dentist, Pharmacist, Physiotherapist, Chartered Accountant, and Civil Engineer, ETC.): In Canada, professions that require licensing are not automatically recognized upon completion of studies, as they are in India. To obtain a license, you must complete additional studies to make your Indian education equivalent to a Canadian bachelor’s degree, gain practical experience in Canada, and pass the licensing exam with sufficient fluency in the English language. In many Canadian provinces, you can only take the licensing exam if you are a PR or a citizen of Canada. Therefore, if you belong to one of these licensed professions and plan to settle in Canada, be cautious. Pursuing a master’s degree in Canada will not automatically grant you a license. Instead, focus on obtaining a license within Canada. Please check occupation and licensing requirements at the official site
  1. Preferred Age for Canadian Immigration: The preferred age for Canadian immigration in the skilled worker category is between 21 and 29. If you are older, you will lose five points per year. Therefore, if you are 35 or above, your chances of obtaining immigration become very low unless you have a job offer, a high IELTS score, and a blood relative in Canada.
  1. New Occupation List as of July 2023: On May 31, 2023, the IRCC announced that only applicants whose occupations are on the demand list will be invited to apply for Canadian immigration from the Express Entry pool. This new regulation applies to only 90 occupations. If your occupation is on this list, you can apply for Canadian immigration through our firm. The new occupation list in effect from July 2023 can be found on our blog page

To assist you in determining your eligibility, we recommend using the following resources:

(a) Visit this link to calculate your points:

(b) Visit this link to understand the points awarded for each criterion: 

(c) Visit and check the Express Entry rounds of invitations to see the latest cut-off scores:

Lastly, it’s crucial to remember that going to Canada to study does not guarantee immediate job opportunities or automatic immigration.

For a comprehensive understanding of all your options, please visit Ajmera Law Blog or watch videos on Ajmera Law  YouTube Channel

The author of this article/blog is Prashant Ajmera, an Indian immigration lawyer and the founder of Ajmera Law Group. He has been a Canadian citizen for the past 30 years and is also the author of two books: “Millionaire of the Move” and “How to Plan for Your Child’s Foreign Education: Myth vs. Reality”.  He has been assisting and advising Indian businessmen to establish businesses in Canada since 1993.  Consult us

August 8, 2023
August 8, 2023

Is it possible to make an EB-5 investment of US$ 500,000 and loan US$ 300,000 to secure my US Green card?

Author By Prashant Ajmera Categories EB-5 US Investor Visa, Investor Visa, Regional Centers, Residency & Citizenship by Investment, US Immigration attorney, US Immigration Lawyer, USA, USA Student Visa

Is it possible to make an EB-5 investment of US$ 500,000 and take
loan of US$ 300,000 to secure my US Green card?

As of March 15, 2022, the EB-5 immigrant investor program now requires a higher investment amount of US$ 800,000, which represents a 60% increase from the previous US$ 500,000. This significant rise in investment may pose challenges for many potential investors who might find it difficult to come up with such liquidity to participate in the program and invest in the USA.

However, there is a favorable development for EB-5 investors from a US court decision in November 2018. This decision allows investors to borrow money without having to provide personal collateral or pledge personal assets as security for the loan.

This can be done in two ways:

(I) Investors can seek loans from regulated financial institutions, either in the USA or anywhere in the world, that are willing to lend money with or without requiring collateral. These institutions could be banks or other licensed entities under the local regulatory authority.

(II) Alternatively, investors can receive loans from friends or relatives, which can be used for their EB-5 investment. However, it is important to note that the USCIS may request source of funds documentation from the friend or relative providing the loan.

The EB-5 immigrant investor category has three main requirements:

(i) an investment of capital,

(ii) engagement in a new commercial enterprise, and

(ii) job creation.

Several regional centers offer loans of up to US$ 300,000 without the need for collateral or security.

However, investors should exercise caution and consider the following points:

(i) Repayment terms of the loan,
(ii) Interest rates charged to the investors,
(iii) Duration of the loan,
(iv) The licensing status of the company providing the loan.

According to the USCIS regulations, gifted or borrowed funds are permissible for petitions filed on or after May 14, 2022, as long as they were given or loaned in good faith and not to circumvent limitations on permissible sources of capital, including proceeds from illegal activities.

Investors relying on such funds must demonstrate the lawful source of the funds by providing evidence for the donor or lender (if not a bank).

It is essential for investors to carefully review the loan or mortgage documents, the lender, and their source of funds, especially if the lender is not a bank.

Being thorough and compliant with USCIS regulations regarding the source of funds will help ensure a successful EB-5 investment process.

It is crucial for investors to be aware of past instances where regional centers offered similar investment structures, such as requiring a smaller investment amount with the rest in the form of a promissory note.

Around 1995, there was a case where investors followed such a structure, with a US$ 150,000 investment and US$ 350,000 in promissory notes. However, this approach was deemed unacceptable by the USCIS, resulting in the rejection of all EB-5 applications associated with it. Read more 

Additionally, as a consequence of this improper practice, two officers of the Regional Centres involved in the scheme were charged and sentenced. Furthermore, the EB-5 program itself was temporarily suspended due to these issues.

This historical example highlights the importance of adhering to the regulations and guidelines set forth by the USCIS when participating in the EB-5 program.

Investors should exercise caution and ensure that their investments and funding sources comply with the program’s requirements to avoid legal issues and /or denial of the EB5 petition.

Transparency and compliance with USCIS guidelines are crucial to ensure the success of the EB-5 investment and secure the USA Green Card with the family.

The author of this article/blog is Prashant Ajmera, an Indian immigration lawyer and the founder of Ajmera Law Group. He has been a Canadian citizen for the past 30 years and is also the author of two books: “Millionaire of the Move” and “How to Plan for Your Child’s Foreign Education: Myth vs. Reality”.  He has been assisting and advising Indian businessmen to establish businesses in Canada since 1993.  Consult us

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