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Monthly Archives: January 2024

Ajmera Law   →  2024   →  January
January 24, 2024
January 24, 2024

First Time in Canadian Immigration History: Quota for Student Visas

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

📢 **Important Update on Canadian Student Visas! 🇨🇦**

For the first time in Canadian immigration history, a quota system has been introduced for non-immigrant student visas for the next two years. On January 23, 2024, the Canadian Immigration Minister announced a significant reduction, limiting the issuance of student visas to approximately 364,000 for the academic year starting September 2024. Here are the key points of this announcement:

1. **No Impact on Existing Students:** The quota will not affect existing students in Canada.

2. **Province and Territory Distribution:** The 364,000 quota will be distributed province and territory-wise and further allocated to designated educational institutes.

3. **Limited to College and Undergraduate Programs:** This quota applies to college and undergraduate degree holders for two years and does not affect master’s, doctorate, and students attending primary and secondary schools.

4. **Attestation Letter Requirement:** Colleges issuing admission letters must provide an attestation letter from the provincial government.

5. **Changes to Post-Graduation Work Permits:** Starting September 1, 2024, international students in curriculum licensing arrangement programs will no longer be eligible for a post-graduation work permit upon graduation.

6. **Extended Work Permit for Graduates:** Graduates of master’s and other short graduate-level programs will soon be eligible to apply for a 3-year work permit.

7. **Limited Open Work Permits:** Open work permits will only be available to spouses of international students in master’s and doctoral programs. Spouses of students in other levels of study, including undergraduate and college programs, will no longer be eligible.

8. **Recent Measures Introduced:**
– Updated cost-of-living requirements for study permit applicants as of January 1, 2024.
– Enhanced verification process for letters of acceptance submitted by applicants outside Canada since December 1, 2023.
– Upcoming targeted pilots in 2024 to support underrepresented cohorts of international students.

For more details, check the official announcement: [Canada.ca – Immigration News](https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/01/canada-to-stabilize-growth-and-decrease-number-of-new-international-student-permits-issued-to-approximately-360000-for-2024.html)

Stay informed and plan accordingly! 🌍🎓 #CanadianStudyVisa #InternationalStudents #ImmigrationNews

To explore your settlement options in Canada, 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.

January 12, 2024
January 12, 2024

USA EB5 investment and Regional Centers Ownerships

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

**Navigating the New USA EB-5 Landscape: Understanding Regional Center Ownership Models**

The recent changes to the EB-5 program have brought about significant protections for investors, but caution is still advised. Understanding the ownership models of Regional Centers (RC) is crucial, as it plays a pivotal role in the success and compliance of EB-5 projects.

**1. Developer-Owned RCs:**

– Leading developers or business owners establish their RCs to raise funds for their projects. This model provides direct control but demands a deep understanding of the EB-5 process and compliance requirements.

**2. Financial Intermediaries:**

– Finance companies, commercial mortgage brokers, or broker-dealers may seek RC approval to raise funds for small to medium-sized businesses or developers. They can either establish their RC or rent an existing one.

**3. EB-5 Marketing Companies:**

– Marketing companies secure approval for multiple RCs and lease or license them to developers seeking funding. They also offer fund-raising services for smaller entities. However, this model, especially under the new regulations, presents unique challenges.

Under the revised EB-5 rules, USCIS has taken over the approval process for RCs, eliminating the involvement of state governments. The shift aims to bolster the integrity of the program. The three ownership models, particularly the third, now face heightened compliance requirements from both USCIS and the Securities and Exchange Commission (SEC).

While the first two models may navigate these changes more easily, the third model—leasing or licensing RCs—poses significant risks. Compliance requirements under the new rules demand a meticulous understanding of the EB-5 process, making it challenging for companies solely relying on RC licenses to meet these standards.

Our law office has encountered cases highlighting the unprofessional practices within this model. Educated and sophisticated investors find themselves at a loss, uncertain about their investments due to inadequate guidance from lawyers, developers, and RCs.

Industry experts share our concern, emphasizing that maintaining an RC solely for licensing may not be economically viable unless managing large or multiple projects within one RC. Recent USCIS data supports this observation, with a minimal number of RC renewals and a sparse project count.

In essence, the evolving EB-5 landscape urges investors, developers, and regional centers to exercise due diligence. Understanding the intricacies of the new regulations is vital for successful and compliant participation in the EB-5 program.

*Disclaimer: This information is not legal advice, and individuals are encouraged to seek professional counsel for their specific circumstances.*

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.

January 7, 2024
January 7, 2024

Is USA EB-5 investment at Risk?

Author By Prashant Ajmera Categories Business Visa, Green Card, L1 A & B Visa, Regional Centers, US Immigration attorney, US Immigration Lawyer

“Navigating EB-5 Investments: Ensuring the Safety of Your Capital”

Introduction:

The EB-5 Immigrant Investor Program offers a pathway to obtaining a U.S. Green Card by making a qualified investment in a new commercial enterprise. While this program provides an excellent opportunity for foreign investors, it’s crucial to understand the intricacies and risks associated with EB-5 investments. This blog aims to shed light on the safety of EB-5 investments and guide investors on mitigating business risks.

EB-5 Investment Criteria:

1. **New Commercial Enterprise:**
– Established after Nov. 29, 1990, or restructured before this date.
– Involves purchasing and restructuring an existing business or expanding it by at least 40%.

A new commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business.

2. **10 Job Creation Requirements:**
– EB-5 investors must invest in a new commercial enterprise that creates full-time positions for at least 10 qualifying employees.

3. **Capital Investment Requirements:**
– Capital includes cash and tangible assets owned and controlled by the investor.
– Excludes assets acquired unlawfully, investments with guaranteed returns, or investments subject to repayment agreements.

Navigating Business Risks:

Investing in any business, whether in the USA or elsewhere, involves inherent risks. The key for EB-5 investors is to minimize these risks through due diligence and professional assistance. Here are essential considerations:

1. **Due Diligence:**
– Conduct a thorough analysis of the business, industry, and market conditions.
– Evaluate the business plan and financial projections for viability.
– Assess the management team’s expertise and track record.

2. **Professional Guidance:**
– Seek assistance from experienced professionals, including legal and financial advisors.
– Consider hiring experts who specialize in EB-5 investments and understand the nuances of U.S. immigration law.

3. **Risk Mitigation Strategies:**
– Consider making investments in businesses or regional centers with a proven, long-standing track record of success.
– Stay informed about changes in U.S. immigration policies and regulations.

– Avoid making investment decisions on projects solely based on shorter processing times.

Conclusion:

While the EB-5 program offers a unique opportunity for foreign investors, understanding and mitigating business risks is paramount.

By conducting due diligence, seeking professional guidance, and implementing risk mitigation strategies, EB-5 investors can enhance the safety of their capital.

Making informed decisions will not only safeguard investments but also contribute to the success of the EB-5 journey.

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.