September 16, 2024

**Invest in the USA (IIUSA) Roadshow Across India**

Indian immigration lawyer Prashant Ajmera, founder of Ajmera Law Group, will be traveling across five cities in India to meet potential EB-5 clients. The Law Office of Prashant Ajmera will accompany EB-5 regional center company, TestyEB5.com, during this tour.

Investors will have a unique opportunity to explore investments in world-famous retail fast-food chains like Pizza Hut, Burger King, and Dunkin’ Donuts.

This is part of IIUSA’s annual roadshow in India.

**Event Dates and Cities:**
📅 **19th September 2024** – Bengaluru, La-Shangrila Hotel
📅 **21st September 2024** – Ahmedabad, Taj Skyline Hotel
📅 **24th September 2024** – Pune, Westin Hotel
📅 **26th September 2024** – Mumbai, JW Marriott Juhu Hotel
📅 **28th September 2024** – New Delhi, Holiday Inn, Aerocity

**Contact for Meetings:**
📞 Call: +91 99742 53030
✉️ Email: prashant@ajmeralaw.com

Download brochure | 20240129 Tasty EB5 Fact Sheet

 

September 14, 2024

**EB-5 Interest: India is Not China!**

**Don’t Rush and Make the Wrong EB-5 Project Choice**

The October 2024 Visa Bulletin from USCIS confirms my view.

Since 2014, EB-5 regional centers and project owners have been entering the Indian market, predicting that India would follow China’s path in terms of EB-5 demand due to the large populations of both countries. Many EB-5 projects in India are marketed with the warning that India’s EB-5 wait times will soon be as long as China’s.

However, based on my 30+ years of experience in the Residency & Citizenship Industry, I have consistently said over the past decade that India will never reach China’s level of EB-5 backlog. This is due to several reasons, including India’s economy, democratic system, cultural diversity, and even lifestyle differences.

The October 2024 Visa Bulletin from USCIS confirms this view.

For Indian investors, the priority date for EB-5 visa issuance (Table A) is January 1, 2022, and for EB-5 file processing (Table B), it’s April 1, 2022—dates aligned with the introduction of new EB-5 regulations. In contrast, China’s EB-5 priority date for visa issuance is July 15, 2016, and its file processing date is October 1, 2016.

Indian investors should carefully evaluate their options before selecting a project, whether it’s a standalone direct investment (under new rules, only one EB-5 investor is allowed per project) or a regional center project.

It is also crucial to work with an experienced EB-5 immigration attorney who has expertise in filing EB-5 petitions. Engaging just any lawyer may not suffice. An Indian immigration lawyer with experience in this area can also assist in documenting the source of funds, which is a critical aspect of EB-5 approval.

At our law office, we are currently managing cases filed in 2020-2021, which have received detailed Requests for Evidence (RFE) from USCIS, mainly concerning the source of funds.

Don’t rush into an EB-5 investment and risk your capital. Investing in a project connected to friends or family does not guarantee the security of your EB-5 investment. Take the time to conduct proper due diligence and make informed decisions.

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

June 27, 2024

The US, or the United States, one of the most developed and powerful economies of the world, is also a popular choice to live and work among foreigners. The States offer an EB-5 investor visa or US citizenship by investment program wherein foreigners can invest a certain amount in the US economy and come one step closer to obtaining a US passport or green card. This blog focuses on understanding the EB-5 visa briefly.

EB-5 Investor Visa: What Is It?

EB-5 investor visa is an immigrant visa offered to foreigners who invest a certain amount in the US economy. It can either be the investment in business or the sum to create 10 jobs for talented locals. The minimum investment for businesses in areas with high unemployment rates is USD 800,000, whereas those in other areas is USD 1,050,000.

Now that you know the EB-5 visa briefly, we will move on to its benefits. If you wish to understand the program further, please visit our website’s USA EB-5 investor visa page.

Benefits of EB-5 Investor Visa

Some of the major benefits of an EB-5 investor visa are:

  • Obtaining a Green Card and, Ultimately, Citizenship

The EB-5 visa is your pathway to securing a conditional Green Card, which acts as a residence permit. After two years of obtaining this conditional permit, you can file an I-829 petition requesting the waiver of restrictions to be eligible for permanent residency. Post five years of holding permanent residency, you become eligible to apply for US citizenship.

  • Participation with Family

As an EB-5 investor visa applicant, you can add close family members to your application. According to the rules/laws, it can be the spouse and children below 21 who are unmarried. The other adopted and marital children can also be part of the application. It is important to note that the spouse should be over 18 with no criminal record.

  • Political and Economic Safety and Stability

Even though the country has faced certain challenges when it comes to political stability in recent times, the United States still remains one of the largest and most powerful economies in the world. It is home to friendly government policies and tech giants. Moreover, the US is free from corruption and inflation up to an extent, offering a great overall environment for foreigners to live in.

  • Visa Free Travel

Green card holders can enter the States anytime, even without additional documents. Moreover, the card allows visa-free travel to several countries, especially to Canada and some places in South America. Simultaneously, US passport holders can travel freely to more than 180 countries, including the United Kingdom, Schengen countries, Japan, Canada, and more captivating places.

Conclusion

While these are surely some benefits of obtaining an EB-5 visa, the list does not display the entire benefits. If you have financial stability and wish to work in the United States, get in touch with our US immigration lawyer in India.

June 8, 2024

CANADA PR ON ARRIVAL FOR CAREGIVERS

### Canada Introduces New Pilot Programs to Support Caregivers and Canadian Families

Foreign caregivers are essential to Canadian families, making a significant impact on the lives of children, seniors, and individuals with disabilities. In recognition of their vital contributions, Canada is rolling out new pilot programs aimed at enhancing support for caregivers and Canadian families, with plans to make these programs permanent.

#### Enhanced Caregiver Pilots Announced

As the Home Child Care Provider Pilot and the Home Support Worker Pilot are set to conclude later this month, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, has announced the initiation of new and improved caregiver pilots. These programs will continue to allow caregivers to come to Canada and work towards obtaining permanent residency (PR).

#### Benefits of the New Pilot Programs

The new pilot programs offer numerous advantages for caregivers, including:

– **Permanent Residency Upon Arrival**: Caregivers will be granted PR status as soon as they arrive in Canada, facilitating their integration and providing greater stability.

– **Broader Employment Options**: Caregivers will be permitted to work for organizations that offer temporary or part-time care for individuals who are semi-independent or recovering from an illness or injury.

– **Simplified Employment Pathways**: These programs aim to make it easier for caregivers to secure suitable jobs with dependable employers.

 

#### Eligibility Requirements

To be eligible for these new pilot programs, applicants must meet the following criteria:

– Achieve a minimum of level 4 on the Canadian Language Benchmarks (CLB).

– Possess the equivalent of a Canadian high school diploma.

– Have recent and relevant work experience.

– Receive a full-time job offer in home care.

These new pathways enable caregivers to find appropriate employment with reputable employers and gain straightforward access to PR status upon arrival in Canada.

#### Supporting Canadian Families

 

The new PR on arrival pilot programs represent a major advancement in addressing the evolving home care needs of Canada’s diverse population. They ensure that caregivers receive adequate support and that Canadian families benefit from high-quality care.

### Statements from Canadian Officials

**The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship**, emphasized the significance of the new programs:

“Caregivers are crucial in supporting Canadian families, and our programs must reflect their invaluable contributions. As we strive to establish a permanent caregivers program, these two new pilots will not only enhance support for caregivers but also ensure families receive the high-quality care they need.”

**The Honourable Rechie Valdez, Minister of Small Business**, expressed pride in the new initiatives:

“After listening to stories and feedback from caregivers across Canada, I am proud that we are taking concrete steps to create policies that support the caregiver community. Generations of caregivers have advocated for this vital pathway and have looked after our families and loved ones in Canada. Now is the time to give them the care they deserve.”

### Quick Facts

– In June 2014, there were over 60,000 individuals in the Live-in Caregiver Program. Today, less than 1% of that inventory remains.

– Under the 2024–2026 Immigration Levels Plan, Canada will admit over 15,000 caregivers as permanent residents.

– As of April 30, 2024, nearly 5,700 caregivers and their family members have become permanent residents since the launch of the Home Child Care Provider Pilot and the Home Support Worker Pilot in 2019.

These new pilot programs underscore Canada’s dedication to supporting caregivers and providing a secure pathway to permanent residency.

More details on the full eligibility criteria and application process will be available as the programs are fully launched.

Please contact and consult only an Indian Immigration Lawyer Mr. Prashant Ajmera of Ajmera Law Group at +919974253030 | email: info@ajmeralaw.com

May 17, 2024

IRCC – Canada immigration department receives 9000 fake or canceled student visa admission letters in 4 months!

In recent months Canada made several changes to their student visa rules including a limited number of students that can be admitted to Canada under student visa rules.

Here are some major changes!

  1. As of 24th April 2024 – Canadian students cannot work more than 20 hours outside the campus and from September 2024, off-campus working hours will be 24 per week.,
  1. Recent studies conducted in the US and Canada have shown that there is a considerable decline in academic performance for students working more than 28 hours per week and that working more than 24 hours per week increases the chances that a student will drop out of their program.
  2. Most countries that welcome international students set limits on the number of hours they may work while they study. Australia recently changed its policy to allow a student to work 48 hours every 2 weeks. In the US, students must meet additional criteria before being permitted to work off campus at all.
  3. In December 2023, the Government of Canada raised the cost-of-living threshold that students must meet to be approved for a study permit so they are financially prepared for life in Canada and are not as dependent on working. For 2024, a single applicant will need to show they have $20,635, representing 75% of LICO, in addition to their first year of tuition and travel costs. This change will apply to new study permit applications received on or after January 1, 2024.
  4. International students who begin a college program delivered through a public-private curriculum licensing arrangement on or after May 15, 2024, will not be eligible for a post-graduation work permit when they graduate. Those who already started this type of program prior to May 15, 2024, will still be able to access a post-graduation work permit, provided they meet all other criteria.
  5. The new letter of acceptance (LOA) verification process has been a success. Since its launch on December 1, 2023, through April 1, 2024, IRCC has
    1.  received almost 162,000 LOAs for verification
    2. confirmed nearly 142,000 LOAs as valid directly with designated learning institutions (DLIs)
    3. identified almost 9,000 LOAs that didn’t match any LOA issued by a DLI or that the DLI had already cancelled before the foreign national applied for a study permit
  1. For 2024, the cap is expected to result in approximately 360,000 approved study permits, a decrease of 35% from 2023. In the spirit of fairness, individual provincial and territorial caps have been established, weighted by population, which will result in much more significant decreases in provinces where the international student population has seen the most unsustainable growth.
  1. Starting September 1, 2024, international students who begin a study program that is part of a curriculum licensing arrangement will no longer be eligible for a post-graduation work permit upon graduation. Under curriculum licensing agreements, students physically attend a private college that has been licensed to deliver the curriculum of an associated public college. These programs have seen significant growth in attracting international students in recent years, though they have less oversight than public colleges and they act as a loophole with regards to post-graduation work permit eligibility.
  2. Graduates of master’s degree programs will soon be eligible to apply for a 3-year work permit. Under current criteria, the length of a post-graduation work permit is based solely on the length of an individual’s study program, hindering master’s graduates by limiting the amount of time they have to gain work experience and potentially transition to permanent residence.
  1. The open work permits will only be available to spouses of international students in master’s and doctoral programs. The spouses of international students in other levels of study, including undergraduate and college programs, will no longer be eligible.

Many more changes are expected in the coming weeks and months regarding Canada’s student visa and immigration rules.

I do not see these as strict rules, but rather as measures designed for students who wish to come to Canada to study and possibly settle there. However, due to the growing number of student visa applications and concerns about the quality of students coming to Canada, the government has realized that many students are not serious about their studies but are instead coming to work off-campus and earn money.

The reality is that these students are working off-campus in minimum-wage jobs, and due to taxation and the high cost of living, they can barely meet their living expenses, let alone save money or send it back home to pay off student loans.

These foreign students often arrive in Canada after completing the 12th grade or a bachelor’s degree, having never worked in their home country and lacking job skills, with a bare minimum knowledge of English, and unrealistic expectations of getting high-paying jobs.

My opinion is echoed in the Canadian immigration minister’s one of the press notes.

“Working off campus helps international students gain work experience and offset some of their expenses. As international students arrive in Canada, we want them to be prepared for life here and have the support they need to succeed. However, first and foremost, people coming to Canada as students must be here to study, not work. We will continue working to protect the integrity of our student program.”

– The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship

 In conclusion:

Hurry hurts. Coming to Canada for higher studies is a serious and life-changing experience, and the only way to truly benefit is by planning carefully, gathering comprehensive information, and consulting with university career counselors, official online resources, and immigration lawyers if necessary.

If you are using a student visa with the primary intention of working and earning money to build your life, you are likely in for a shock upon arriving in Canada.

 

April 20, 2024

How to Convert a Visitor Visa to a Work Permit in Canada for Indian Citizens?

Prior to 2021, Indian citizens were not permitted to convert any type of non-immigrant visa to another class of non-immigrant visa within Canada. However, during the COVID-19 pandemic, the Canadian government made an exception, allowing visitors in Canada to apply for a work permit provided they met the program requirements. This initiative was extended until February 28, 2025, offering Indian citizens a unique opportunity to explore employment opportunities in Canada.

Here’s a comprehensive guide on how Indian citizens can convert their visitor visa to a work permit in Canada:

### Understanding the Program

The Canadian government introduced a special provision during the pandemic allowing visitors in Canada to apply for a work permit if they met certain criteria.

### Eligibility Criteria

1. **Job Offer:** You must have a job offer from a Canadian employer in a field where you have relevant education and work experience.

2. **Language Proficiency:** Preferably, you should have an IELTS score of 5.0 or above.

3. **Age Factor:** While not mandatory, being under the age of 35 can be advantageous, especially for future Permanent Residency (PR) applications.

### Steps to Obtain a Work Permit

1. **Employer’s Role:** Your Canadian employer must demonstrate to the Canadian Labour Department that they cannot find a suitable candidate in Canada for the job they are offering you.

2. **Labour Market Impact Analysis (LMIA):** If the Canadian government is satisfied with the employer’s proof of a shortage of workers, they will issue an LMIA, granting approval to the Canadian company.

3. **Application Process:** Based on the LMIA, you can apply for a work permit either within Canada if you are already in the country on a visitor visa, or at a Canadian embassy or consulate if you are outside of Canada.

### Important Considerations

– **Not Automatic:** It’s essential to understand that obtaining a work permit from a visitor visa is not automatic. Meeting the eligibility criteria and following the correct application process are crucial steps in securing a work permit in Canada.

### Conclusion

Converting a visitor visa to a work permit in Canada presents an excellent opportunity for Indian citizens to explore employment prospects in the country. By understanding the eligibility criteria and following the necessary steps outlined by the Canadian government, individuals can navigate this process successfully and embark on a new professional journey in Canada.

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your Canadain dream with expert legal guidance.

March 27, 2024

Common Pitfalls to Avoid: The Indian Businessman’s Guide to L1 Visa Success

The L1 visa is a pathway for Indian business owners and executives to establish a presence in the United States. It allows them to transfer their knowledge and expertise to a branch, subsidiary, or parent company located in the US. While an attractive option, navigating the application process can be tricky. Here, we explore common mistakes Indian businessmen make when applying for the L1 visa, helping you avoid them and ensure a smoother journey.

  1. Inaccurate or Incomplete Application:

Seems like a no-brainer, but typos, missing information, or inconsistencies across forms can significantly delay your application or even lead to rejection. Double-check everything, from basic details to company financials.

  1. Underestimating the Importance of Documentation:

The US Citizenship and Immigration Services (USCIS) scrutinizes documentation heavily. Gather strong proof of your credentials, your company’s legitimacy, and the relationship between the Indian and US entities.

  1. Weak Justification for Intracompany Transfer:

The core of the L1 visa is the transfer of specialized knowledge. Clearly demonstrate why your expertise is essential for the US operations and cannot be replicated by existing American staff.

  1. Overlooking Legal Counsel:

Immigration law is complex, and an experienced attorney can be invaluable. They can guide you through the process, ensure your application is complete and compliant, and represent you during any interviews.

  1. Not Disclosing Past Visa Issues:

Be transparent about any previous visa applications, even if they were for different countries. Hiding rejections can raise red flags and hurt your chances.

  1. Skimping on the Business Plan:

For new US entities, a well-crafted business plan is crucial. It should showcase the viability of the operation, job creation potential, and a clear path to profitability.

  1. Lack of US Business Growth Strategy:

Our law firm has observed that many Indian small and medium-sized enterprise (SME) business owners use the L1 visa to enter the US, but lack a plan and strategy to actually grow their business there. This can lead to application refusal when they apply for renewal at the end of the first year.

  1. Renewal Misconception: First-Year Approval Doesn’t Guarantee Renewal:

While the initial L1 visa approval rate is high, the renewal rejection rate can be around 30%. This happens due to several factors: failing to demonstrate business growth, inconsistencies in company structure or salary, not proving the continued need for the applicant’s specialized knowledge, and lacking proper records of the company’s operations.

By avoiding these common pitfalls, Indian businessmen can significantly increase their chances of L1 visa success. Remember, meticulous preparation, strong documentation, and the guidance of a qualified immigration lawyer is your keys to a successful L1 visa application.

Please note: This blog post is for informational purposes only and should not be considered legal advice. Always consult with a qualified professional for guidance on your specific situation.

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your American dream with expert legal guidance.

 

 

March 9, 2024

Live, Work, and Thrive in Rural Alberta: Your Guide to the Alberta PNP Rural Renewal Stream

Looking for a welcoming community and a rewarding career in Canada?

The Alberta Provincial Nominee Program (AAIP) Rural Renewal Stream could be your perfect pathway to permanent residency!

This program streamlines immigration for skilled workers willing to settle and contribute to vibrant rural communities across Alberta.

Here’s what you need to know:

The Two-Step Process:

  1. Community Endorsement: The chosen community first identifies your skills and experience to fulfill local labor needs. They then issue an “Endorsement of Candidate” letter if you’re a good fit. Alternatively, refugee applicants can be endorsed through Alberta’s Economic Mobility Pathways Pilot (EMPP) referral process.
  2. AAIP Application Submission: Once endorsed, you can officially apply to the AAIP for Provincial Nomination.

Meeting the Requirements:

  • Community Focus: You must intend to live and work in your designated rural community.
  • Community Endorsement: A valid “Endorsement of Candidate” letter is crucial.
  • Solid Job Offer: A full-time, 12-month+ job offer in an eligible occupation, with wages and benefits meeting or exceeding Alberta’s standards, is essential.
  • Licensing/Registration: Ensure you meet any provincial licensing requirements for your chosen profession.
  • Eligible Occupation: The job must be in an eligible NOC 0, 1, 2, 3, 4, or 5 category (with some exceptions).
  • Qualifying Work Experience: For temporary foreign workers, a minimum of 12 months of full-time work experience in the past 18 months (in Canada or abroad) is required. Specific conditions apply.
  • Language Proficiency: English language skills are mandatory, with the required level (CLB) varying by occupation (NOC level).
  • Education Credentials: A minimum of a high school diploma equivalent is necessary.
  • Settlement Funds (Temporary Workers Only): Show sufficient funds to support yourself and dependents if needed. (EMPP refugees exempt)

Benefits of Choosing Rural Alberta:

  • Welcoming Communities: Experience the warmth and support of a close-knit community.
  • Career Opportunities: Contribute your skills and build a fulfilling career in a thriving rural economy.
  • Beautiful Surroundings: Enjoy the breathtaking landscapes and outdoor activities Alberta offers.
  • Pathway to Permanent Residency: Gain permanent resident status and build a life in Canada.

Additional Resources:

Start your journey to a rewarding future in rural Alberta! Explore the AAIP Rural Renewal Stream and see if it’s the perfect fit for you.

Please note: This blog post is for informational purposes only and should not be considered legal advice. Always consult with a qualified professional for guidance on your specific situation.

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your American dream with expert legal guidance.

March 7, 2024

Demystifying the EB-5 Visa: Direct Investment vs. Regional Center

The EB-5 visa, also known as the “Investor visa”, offers a pathway to permanent residency (green card) in the United States 🇺🇸 for foreign nationals willing to invest a significant amount of capital in the American economy. This visa program has two main pathways: direct investment and investment through a regional center. Understanding the distinctions between these options can be crucial for aspiring EB-5 applicants.

Direct Investment:

  • Investment: You directly invest at least $1,050,000 in a new commercial enterprise that will create at least 10 full-time jobs for qualifying U.S. workers. ‍
  • Benefits: Offers greater control over your investment and potentially higher returns. You have a direct say in the business operations and decision-making processes.
  • Drawbacks: Requires a larger initial investment compared to the regional center option. Finding and managing a qualifying investment can be complex and time-consuming. You may need to hire legal and financial professionals to navigate the process.

Regional Centre Investment:

  • Investment: You invest at least $800,000 ($500,000 in certain targeted employment areas) in a pre-approved regional center project. These projects are typically real estate developments, infrastructure initiatives, or other job-creating ventures.
  • Benefits: Lower investment threshold compared to direct investment. Less hands-on involvement required, as the regional center manages the investment and job creation process.
  • Drawbacks: Less control over your investment and potentially lower returns. You rely on the regional center’s performance and success, which can be unpredictable.

Choosing the Right Path:

The choice between direct and regional center investment depends on your individual circumstances, risk tolerance, and investment goals.

Here are some factors to consider:

  • Available capital: Do you have the minimum investment amount required for each option?
  • Investment experience: Are you comfortable managing your own investment or do you prefer a more passive approach?
  • Risk tolerance: Are you comfortable with the higher risk associated with direct investment or do you prefer the relative safety of a regional center project?
  • Timeline: Regional center processing times are generally faster than direct investment applications.

Seeking Professional Guidance:

The EB-5 visa process involves complex regulations and legal considerations. It is highly recommended to consult with an experienced immigration attorney ‍⚖️ who can help you understand the program requirements, assess your eligibility, and choose the path that best suits your needs.

Additional Professionals for Standalone (Direct) EB-5 Applications one may need assistance:

  • Certified Public Accountant (CPA): Assists with company registration, licenses, and compliance.
  • Business Plan Expert: Creates a detailed and realistic business plan demonstrating job creation.
  • Business Lawyer: Drafts company agreements and handles legal matters.
  • Security Lawyer (if applicable): Addresses complex legal matters if multiple non EB5 partners are involved.
  • Indian Immigration Lawyer: Assists with Indian documents, source of funds, and interview preparation.

Please note: This blog post is for informational purposes only and should not be considered legal advice. Always consult with a qualified professional for guidance on your specific situation.

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your American dream with expert legal guidance.