Hi, How Can We Help You?

Monthly Archives: April 2023

Ajmera Law   →  2023   →  April
April 20, 2023
April 20, 2023

The Reality Check on USA EB-5 Visa & processing time for Indian Investors

Author By Prashant Ajmera Categories EB-5 US Investor Visa, USA

After the Canadian government closed its federal investor program in 2010, many Chinese agents and their counterparts in Canada looked for an alternative program for the Chinese market. The EB-5 program gained popularity in China from 2010 onwards, and by 2014, the first 10,000 EB-5 visa quota was mostly used up by Chinese investors.

However, changes in the US government policy and delays in the EB-5 process for Chinese investors forced EB-5 regional centers and marketing agents to look for alternative markets. Due to the size of the Indian population and their interest in the USA, India became an obvious choice for these regional centers and marketing agents.

Since 2014, the USA EB-5 visa has gained popularity among wealthy Indian families, as their children pursue higher education and the American dream. However, their dreams were shattered when they realized that regular student visas to the USA green card had a processing time of 20 years or more.

In this unregulated residency and citizenship by the investment market in India, many immigration lawyers, regional centers, and marketing agents for small and medium-sized American companies visit India regularly. They organize events in five-star hotels and continue social media marketing to attract investors from India.

In November 2022, the Indian EB-5 visa went into retrogression, meaning that petitions were approved, but the EB-5 visa quota was not available. As we know, there are 10,000 worldwide quotas per year for the EB-5 visa, and 7% (700 visas) will be available for each country, including India. This retrogression made headlines on social media, stating that the Indian EB-5 visa will have a several-year-long wait.

According to the recently published data by the USCIS for December 2022, only 89 files for Indians under the EB5 class have been decided and are awaiting visa allocation, which will happen in October 2023. In comparison, China has 23,020 decided files, and their long wait time is evident.

To see this data on the government site – click here

So the reality is EB-5 petitions by Indian citizens from India or from within the USA are nowhere near China market for a variety of reasons such as the source of funds, currency restriction, and lack of Indian professionals who can give Indian investors confidence for global investment, etc.

Each Indian investor should take time to consult an immigration lawyer, and other professionals, refer USCIS website, and then make informed decisions to make an investment for an EB-5 investor visa.

April 20, 2023
April 20, 2023

Study and/or settle in Canada after Four Years of Degree from India

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

STUDY AND IMMIGRATE TO CANADA AFTER FOUR YEARS OF BACHELOR OF ENGINEERING FROM INDIA

If you’re considering studying in Canada and pursuing immigration options after earning your four-year Bachelor of Engineering degree from India, here are some options to explore:

  1. Consider taking a one or two-year diploma program at a private or semi-private college in Canada. This can give you one or three years of work permit, which can help you gain experience related to your education. You can then apply under the Provincial Nominee Program (PNP), Canadian Experience Class, or Express Entry for immigration to Canada.
  2. You can also take a one-year Master’s degree program at a selected university in Canada. After completing your degree, you can get a one-year work permit in Canada and find a job related to your education. With one year of experience, you can apply for a Permanent Residency (PR) in Canada.
  3. Another option is to take two years of full-time experience in India related to your engineering degree. After that, you can take a one-year Master’s degree program at a selected university in Canada and get a job related to your education. Based on your experience in India, you can apply for PR of Canada as soon as you finish your Master’s degree program.
  4. You can also do a two-year Master’s degree in India, get three years of experience related to your engineering degree in India, and if you have a high IELTS score, apply for direct PR of Canada under Express Entry.
  5. If you’re interested in business management, consider studying in a certain province of Canada for a two-year program related to it. This can give you three years of work permit, which can allow you to start your own business in Canada and apply for immigration.
  6. Another option is to get a visitor visa to Canada, find a company in Canada that’s related to offering you a job related to your education and experience in India, and ask the company to apply for LMIA (Labor Market Impact Assessment). Once approved, you can apply for a work permit of Canada from within Canada. After two years, you can apply for immigration under the Canada Experience Class, Express Entry, or PNP skilled worker immigration. If the job offer is on a permanent basis, you can apply for direct PR under Express Entry.
  7. Finally, while waiting in India, you can find a company in Canada that’s related to offering you a job related to your education and experience in India. Ask the company to apply for LMIA, and on approval of LMIA, apply for a work permit of Canada outside of Canada. After two years, you can apply for immigration under the Canada Experience Class, Express Entry, or PNP skilled worker immigration. If the job offer is on a permanent basis, you can apply for direct PR under Express Entry.

It’s important to note that each option has its own processing time, cost, eligibility requirements, and required IELTS band. It’s highly recommended that you seek legal consultation with an immigration lawyer like Prashant Ajmera of Ajmera Law Group to better understand your options and determine the best path for you.

To consult an immigration lawyer Mo: +91 9974253030 | Email: info@ajmeralaw.com |www.ajmeralaw.com

Download this Blog in PDF

April 17, 2023
April 17, 2023

Study and Settle in Canada after Three Years of Bachelor’s Degree from India

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

To download PDF file of the blog –click here

After completing a three-year bachelor’s degree in India, like B. Com, B.Sc., B.A., BBA, BCA, etc., there are several options to consider for studying in Canada. Rushing into decisions without careful consideration, planning and advice could negatively impact your career or immigration prospects.

Here are some options to explore:

  1. Pursuing a one or two-year post-graduate diploma in Canada is a common option for Indian students. This can lead to obtaining a post-graduate work permit, which may make it easier to apply for Canadian immigration. However, if you do not secure a job related to your education, it may be challenging to obtain Canadian immigration.

2. Pursuing a two-year MBA or master’s degree program at a Canadian university is another option. Studying at selected universities and gaining relevant work experience in Canada may qualify you to apply for immigration to Canada more easily.

3. Gaining 2-3 years of full-time work experience in India, focusing on your desired future career, is a third option. Afterward, you can apply for a two-year MBA or master’s degree program in Canada. Depending on the program you choose, your Indian work experience, and the appropriate IELTS score, you may be eligible to apply for permanent residency (PR) in Canada immediately after completing your degree while working under a post-graduate work permit.

4. If you come from a business family background and want to settle in Canada, consider gaining two years of business experience in India with your family. Then, apply for a two-year business administration program in Canada, such as a PGDBM or master’s degree at a university. Afterward, you can obtain a three-year work permit and start your own business instead of looking for a job. With the right support, your business can facilitate your immigration to Canada.

It’s important to note that each option has its own processing time, cost, eligibility requirements, and required IELTS band. It’s highly recommended that you seek legal consultation with an immigration lawyer like Prashant Ajmera of Ajmera Law Group to better understand your options and determine the best path for you. Mo: +91 9974253030 | Email: info@ajmeralaw.com |www.ajmeralaw.com

To download PDF file of the blog –click here

The Canadian Government Has Extended a Work Visa Policy that Could Benefit Many Indian Job Seekers
April 15, 2023
April 15, 2023

The Canadian government has extended a work visa policy that could benefit many Indian job seekers.

Author By Prashant Ajmera Categories Canada

During this time of economic growth, Canadian employers are experiencing significant labor shortages. To address this issue, they can still explore the option of hiring foreign citizens who are on visitor visas. This is possible because the temporary public policy, which allows visitors to apply for work visas within Canada during the COVID era, has been extended for two years until February 28, 2025, as announced by the IRCC.

Under this policy, foreign nationals who are currently in Canada as visitors and receive a valid job offer can apply for a work permit without having to leave the country. Moreover, visitors who have held a work permit within the last 12 months can request interim work authorization to start working for their new employer more quickly.

Previously, applicants needed to apply for their initial work permit before coming to Canada, and those who were already in Canada with visitor status when their work permit was approved needed to leave Canada to be issued their work permit. With this new policy in place, leaving Canada is no longer necessary.

To be eligible, an applicant must have valid visitor status on the day of application, a job offer supported by a labour market impact assessment (LMIA) or an LMIA-exempt offer of employment, and submit an application for an employer-specific work permit no later than February 28, 2025. Additionally, the applicant must meet all other standard admissibility criteria.

As a leading Canada immigration lawyer in India, we suggest that all Indian citizens looking to take advantage of these extended rules to conduct thorough research about the job market in different parts of Canada, identify prospective employers, and prepare a professional-looking resume in PDF format to send to companies and post on job portals in Canada. They should also be available for video conferencing for potential interviews and be prepared to travel to Canada if required.

Although our Indian Immigration law firm does not offer services in securing jobs in Canada for applicants, as a trusted Canada immigration consultant in Ahmedabad, we can assist with the job search process and legally process LMIA applications, work permit applications within or outside Canada, and visitor visa applications if necessary.

For more information and assistance in your Canada immigration matter please contact Ajmera Law Group – click here

Mr. Prashant Ajmera is an Indian immigration lawyer, Canadian citizen, and author of two books – see his video profile 

New Domicile Rules: USCIS Requires Indian Citizens Seeking E2 Business Visa to Meet New Eligibility Criteria
April 11, 2023
April 11, 2023

New Domicile Rules: USCIS Requires Indian Citizens Seeking E2 Business Visa to Meet New Eligibility Criteria

Author By Ajmera Law Group Categories US Immigration attorney

The United States of America is a highly sought-after destination for Indian citizens, whether it is for non-immigrant visas such as B1/B2 visitor visa, F1 student visa, J1 visa, H1B visa for professionals, or immigrant visas such as F1, F2, F3, or F4 under family class and employment-based visas such as EB1, E2, EB3, EB4 and EB5. Recently, the E2 business visa has gained popularity among Indian businessmen.

The E2 business visa is available to citizens of treaty countries with the USA government. Unfortunately, India is not one of the treaty countries, so Indian citizens cannot apply for the E2 business visa directly. However, if an Indian citizen is a citizen of a treaty country, they may apply for an E2 business visa. The E2 business visa was created to ensure a balanced mix of businesspeople from treaty countries that are underrepresented in the USA.

Over the last few years, many Indian citizens have obtained citizenship from other countries such as Grenada and Turkey, which allowed them to apply for an E2 visa. These residency and citizenship programs were heavily promoted in India and other countries as a backdoor entry to the USA as a businessperson. However, the US government has realized the increase in E2 business visa petitions from countries such as India and China. In order to address this issue, the USCIS has introduced three domicile requirements.

As of December 23, 2022, the Immigration and Nationality Act (INA) was amended to define the eligibility criteria for E visas. For all E-1 and E-2 filings received on or after December 23, 2022, USCIS may request additional documentation related to how the applicant obtained treaty country nationality to ensure compliance with the amended language.

In addition, for those individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least three years at any point before applying for E-1 or E-2 classification.

In US immigration, domicile refers to a person’s permanent home or legal residence. It is the place where a person intends to remain indefinitely and to which they plan to return after any period of absence. Domicile is an important factor in determining a person’s eligibility for certain immigration benefits, such as citizenship and permanent residency. To establish domicile, a person must have a physical presence in the United States and demonstrate an intention to make the US their permanent home.

In summary, if you are a citizen of a non-treaty country such as India or China with the USA for E1 and E2 visas, and in the past have received citizenship of a treaty country to eventually apply for E1 and/or E2 visas, you may apply for the same after showing three years of domicile in those countries.

As an Indian citizen, you have alternative options such as investing in a NEW business of your friends or relatives or purchasing a NEW franchise that can create a minimum of 10 new jobs in the USA for US citizens and green card holders to apply for the EB5 visa.

Ajmera Law Group is an experienced immigration lawyer in India with over 30 years of expertise in assisting business people in applying for investor and business visas for over 20 different countries, including the USA, Canada, UK, Australia, New Zealand, Ireland, and various European and Caribbean countries.