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Category Archives: Residency & Citizenship by Investment

July 14, 2018

EB5 Investors Magazine is organizing in Los Angeles EB-5 Convention at The Westin Bonaventure Hotel and Suites on July 23-24, 2018.

This two-day educational, networking event will host a gathering of broker-dealers, developers, immigration and securities attorneys, migration agents, regional centers and other EB-5 program stakeholders.

The conference not only about EB-5 but speakers and panelist are coming from all over the world to talk about Residency & Citizenship program of various countries.

The event will also feature special guest speakers and sponsorship opportunities.

The lawyer from our law firm Mr. Prashant Ajmera will be speaking at this conference as one of the panelist speaker at India : Market Spot Light. www.ajmeralaw.com

More information about this conference can be fond at Read More

July 10, 2018


Doing business or Investing in USA: Nine different options for Indian businessman

This is a very simple way to explain, how one can make an investment in the USA or do business in and with the USA.

  1. Simple export of goods and services to USA consumer or business.
  2. Making an investment into an existing business, land building, or farming land and become partner/investment. You do not any visa of the USA and you don’t get any visa by just making a simple investment.
  3. Purchase of Real estate in the USA – any type of visa not possible but can take benefit of rental income and capital gain.
  4. Register a company in the USA, open an office in the USA, a bank account in the USA in person, hire local people to run the business. No Person is transferred from India to the USA.
  5. Register a new company in the USA, open a subsidiary office in the USA, a bank account in the USA, hire local people to run the business with a definite business plan and KEY PERSON(S) IS TRANSFERRED from India to the USA. This is an L1 visa. A person is a senior executive and Technical Person to be transferred from the USA. The American company will be a  subsidiary of the Indian company.
  6. Indian company taking over 51% of the USA company and by join venture, Indian CEO or Key technical person transferred to the USA under EB-1-C Visa class.
  7. Starting a NEW business in the USA, hire 10 people and make an investment of 1 million US$ and investor, his spouse and children under 21 can get a green card of USA. – This is an EB-5 direct investment.
  8. Starting a NEW business in the USA, hire 10 people and make an investment of 1/2 million US$ and investor, his spouse and children under 21 can get a green card of USA. This business must be in an area where there is high unemployment or a population is less than 20,000. This is EB-5 under the Regional center class.
  9. You make an investment in Real Estate and become a citizen of another country like Grenada, Turkey, Canada and then apply for an E2 business visa of the USA to do business in the USA.


July 10, 2018

NOTE: FOLLOWING PROGRAM IS CLOSED AS OF March 2019. For the latest startup,  innovator, and investor visa of UK – click here

Business Immigration to the UK under Tier 1 visa class 

  • You must have a bank balance of UK pound 200,000+  which can be yours or taken from friends and relative
  • Must have IELTS band of 5 and above
  • Must visit the UK and take a business exploratory trip
  • Make a detailed business plan showing investment and 2 more job creation
  • Processing time 4-6 months
  • Our law firm has a database of active SME businesses in K who are looking for investment.
  • We will match the business as per your profile.
  • You will be working in the business and drawing a salary
  • You can act as a consultant to another company

For more information send a mail to our law firm with your complete profile: info@ajmeralaw.com

March 5, 2018

Very recently there were news articles online and in print media stating that Mr. Nirav Modi, a renowned diamond jewelry designer accused of defrauding state-owned Punjab National Bank of $1.8 billion, has obtained citizenship of a Caribbean country, namely, St. Kitts & Nevis.

How true are these reports?

For starters, let us understand some basics. There are five Caribbean countries which offer residency and citizenship of their countries (and a 2nd passport) to High Net Worth individuals who voluntarily make an investment in luxury real estate or donate a designated amount to the national development fund. This amount generally ranges from $200,000 to $400,000 US.

These five Caribbean countries are – Antigua & Barbuda, Dominica, Grenada, St Lucia and St Kitts and Nevis.

The primary reason why HNIs are willing to part with their fortune to obtain a passport of the aforementioned countries is because these passports grant them the liberty to travel to more than 130 countries around the globe without the hassle of obtaining a visa. This is due to the fact that many western countries have diplomatic treaties with these island nations that allow their citizens to travel visa-free.

However, just investing the required amount of money does not guarantee citizenship of these countries. Before residency and citizenship is granted or a passport is issued to the investor, a thorough and detailed background and security check is conducted by the government department in-charge of approving R&C applications. If the applicant has any criminal record or has been involved in dubious transactions or dealings in his/her home country, the application is instantly rejected.

A few days back I was speaking at two conferences on the subject of Residency & Citizenship by Investment, one in Dubai and another one in Mumbai. During this time I had the opportunity to meet some senior government officials of these island countries, including St. Kitts and Nevis.

These officials confirmed to me that Mr. Nirav Modi has not applied to their respective countries for citizenship nor has he been issued a passport of these countries. In fact, the government of St. Kitts and Nevis has issued an official press note denying the sensational claims made by the Indian media who has repeatedly quoted ‘a reliable source from the diamond industry’ as their informant.

It must be understood that is very important for these island nations to maintain the integrity and transparency of their citizenship programs as it brings valuable investment for their nations’ development.

Any country which opens its doors to potential investors and immigrants has a strict background check policy in effect ensuring that they do not harbor or give refuge to fraudsters, defaulters, terrorists and criminals from other countries. After all it is imperative that the reputation, integrity and economic future of their countries is protected.

January 5, 2018


Further liberalization of remittance of investment from India to foreign countries for Immigration purposes; including USA EB-5 investor visa:

Over a period of time, the Foreign Exchange Reserve in India has increased India’s foreign exchange (Forex) reserve to $377.751 billion US, the gold reserve to $20.691 billion, SDRs (Special Drawing Rights with the IMF) to $ 1.512 billion and IMF reserves to $2.291 billion totaling US$ 402.246 billion as of September 22, 2017, as per Forex.

As per one survey, the government of India is aims to have a foreign reserve of $ 750 Billion dollars.

In view of the continued rise of the foreign reserve , RBI ( Central Bank of India) has further liberalized the remittance of foreign currency from India to abroad.

Following are the latest proposals included under the Liberalized Remittance Scheme (LRS). 
Individual Indian citizens can avail of foreign exchange facilities for the following purposes, granted that they remain within the LRS limit of USD $250,000 on a financial year basis.

  1. Private visits to any country (except Nepal and Bhutan)
  2. Gift or donation
  3. Going abroad for employment
  4. Emigration
  5. Maintenance of close relatives abroad
  6. Travel for business, or attending a conference or specialized training
  7. Meeting medical expenses, or check-ups abroad, or for accompanying as attendant to a patient going abroad for medical treatment/ check-up
  8. Studies abroad
  9. Any other current account transaction is not covered under the definition of the current account in FEMA 1999.

This limit is US$ 250,000 per year per person, therefore a family of 4 can remit a million dollars in each financial year which is from April 1 to March 31 of the following year.
It is important to note that the Government of India has allowed the remittance of the fund for Immigration purposes, which opens the gate in India for all types of Residency and Citizenship programs around the world.

This will also allow the Indian citizen to make an investment in foreign business, real estate or unlisted securities and at the same time obtain residency and citizenship by investment.

December 26, 2017

Many students who are going to study in Canada find it very difficult to find a job in Canada in their own field and then receive sponsorship to get Canadian immigration under Canada Experience class.

In order to retain these foreign students in Canada few provinces in Canada have come up with a new category called International students business class.

If you are studying in Canada at a designated education institute for two years and you have received your graduate’s work permit for three years and if you own 100% of the Canadian business and run and manage for a period of 12 months you are edible to apply for immigration to Canada.

In this class, you are creating job for yourself.

You must be under the age of 40, with an IELTS score of 5 bands each. If the business is located in rural area additional points are awarded.

If the spouse has studied in Canada, has an IELTS score of 5 bands, your application will be awarded additional points.
The student must be 100% owner of the business which is a real business with at least one job and the applicant is working full time into the business.

The following businesses are not allowed.

• adult services including but not limited to the production, distribution, and/or sale of pornographic or sexually explicit products and/or services,
• and/or the provision of sexually-oriented services;
• aestheticians and services;
• beauty salons;
• bed and breakfast accommodations;
• coin-operated;
• consultancy (business or agency that offers expert professional advice in a field);
• cooperative (business or organization owned and operated by its member);
• credit or debit cards (active or inactive);
• domain names;
• a farm that is maintained without expectation of being a primary source of income;
• financial brokerage (a business that derives its prime source of income
• from acting as an intermediary for buyers and sellers); • financial services including, but not limited to cooperatives and/or credit unions;
• home-based and/or businesses operating from residential property;
• landlord property and rental management;
• not-for-profit businesses and organizations;
• property investment (purchase of a real estate for the intention of earning a return on the investment, either through rental income, the future resale of the property, or both);

Several provinces of Canada office this program.

For more information on this and other eligibility for immigration to Canada send us an email: info@ajmeralaw.com

December 26, 2017

Immigration to Canada – New plan announced in November 2017

Canada has long history of taking immigrants from all over the world in last 25 years and this has become more obvious when government of Canada announced their next three years pan for taking total number of new immigrants.
As per latest plan in the year 2018 -2010 government wish to except 310,000, 330,00 and 340,000.

This is equivalent to 1.3% of the total population of Canada. In the past government has accepted 1% of the total population and total number of immigrant was less than 300,000.

Here is the data for several categories:


% Increase

Economic ProgramsRangeTargetRangeTargetRange
Express Entry, Skill and Canada Exp. class71,70072,700-78,20074,90076,000- 83,00081,40081,000-88,000+19.66%
Atlantic Pilot Program2,000500- 2,0001,0001,000-4,0002,0002,000-4,000+100%
Provincial Nominee Programs51,00053,000-57,40055,00057,000-63,50061,00062,000-68,500+32.94%
Quebec Skilled Worker Program and Quebec Business29,30027,900-29,90028,90031,500-33,50032,50031,500- 33,500+10.92%
All Economic Programs172,500 169,600– 188,500177,500175,500201,000191,600181,000-202,500+13.51


This rise in total immigration number is clear indication that Canadian Government wish to attract more immigrants. However from overall interest from all the countries in recent years many prospective immigrant may find immigration to Canada rules difficult. However due to high demand of Canada immigration bar is raised higher and higher.

On the other hand one may also realise that compare to Australia and New Zealand, Canada is accepting 5 times more immigrants per years only after USA.

Are you interested in immigrating to Canada just email us your detail and will be happy to advise you for your chances for immigration to Canada. Email: prashant@ajmeralaw.com

December 21, 2017


USA government to accept Applications under the International Entrepreneur Rule :


  • See latest WSJ article – click here


On 14th December US Immigration department announced that US government will accept the application under the International Entrepreneur Rule –commonly known as USA Start Up Visa.

These rules were made during the  President Obama Administration and date decided was July 17, 2017. However the rules could not take effect as Department of Homeland Security issued the final Rules only on July 11, 2017 and hence rules were delayed till March 14, 2018.

However, a court case was filed against the delay of the Rules and hence now the Government has been asked to accept the application with immediate effect.

Under this rules there is an unlimited number of the application can be accepted from international entrepreneur to enter the USA, use American investment and grow their Start Up business in USA.

This rules are discretionary and will be decided by Homeland security on a case by case basis for urgent humanitarian reasons or significant public benefit.

This Rules allow  the Start Up founder to come  on a temporary visa basis and does not convert to Citizenship of USA.

Under this final rule, founder of the start up will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for visa as well. The spouse can apply fort work permit once they are USA. Children are not entitle to work permit. These visa is used for a period of three years.


Entrepreneurs applying for parole under this rule must demonstrate that they:

  • Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
  • Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that:
    • The start-up entity has received a significant investment of capital ( US$ 250,00 and above) from certain qualified U.S. investors with established records of successful investments;
    • The start-up entity has received significant awards or grants of (US$ 100,000 and above) for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
      • They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
    • https://www.wsj.com/articles/foreign-entrepreneurs-to-gain-more-access-to-immigration-program-11620647100
December 21, 2017

Canada Business Immigration programs – under Provincial Nominee Business Immigration Program  (PNP) – 10 options to choose from!!!

Canada is a pioneer in Business Immigration program and always remained forefront in coming up with new programs and options to attract the entrepreneur from all over the world.

Due to businessmen’s attraction to set up business in the major city of Canada such as Toronto, Montreal, and Vancouver, the federal government of Canada has signed up an agreement with various provincial governments, which has developed their own Business Immigration programs for SMEs and also for farmers in some provinces.  This has allowed businessmen to choose from 10 business Immigration programs of Canada knows as PNP Entrepreneur business immigration programs.

Here are in general requirement range:

  1. The investor must have assets in the amount of CD$ 600,000 to $ 800,000;
  2. Two to three years of Business Experience as an owner or senior executive of a company.
  3. A business exploratory trip to Canada for 2-3 weeks and
  4. A detailed business plan with a complete understanding of the viability and legality of the business to be started in Canada
  5. Job creation for 2-3 people for the Canadian citizens or permanent residence.
  6. IELTS band of 4 or 5

The businessmen are allowed to open a new business, purchase an existing business or make a partnership with local businesses.

If a businessman has not taken his business exploratory trip and met government departments, professionals, business association, business counterparts and find out about the rules and regulation for the operation of a business, find data for his business and make a detailed business plan, we believe officer will not be satisfied that you are a serious businessman and your application is not likely to receive a favorable assessment.

Please note that amount and requirement shown are minimum as guidelines only. If a businessman does not show his commitment to start and operate the business himself he will have difficulty getting his application approved.

To see the comparison of all the Canada PNP business immigration programs click here

December 5, 2017

USA green card by investment – EB-5 Visa:

Investment can be made as Debt or Equity or Fund

The EB-5 Visa provides the most flexible path to a Green card and is based on investment in the US. The EB-5 Visa does not require the applicant to manage the day-to-day affairs of a business. One may invest in an existing business or a new business. More than one person may invest in the same business. The EB-5 investor may be a minority owner of the business.

One may qualify for an EB-5 Visa by:

  1. Investing One million dollars and hiring ten employees anywhere in the USA.
  2. Investing $500,000 US and hiring ten employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%.
  3. Investing in a regional center.

The INS has designated specific areas, called Regional Centres, as eligible to receive immigrant investor capital. The INS has approved over 520 Regional Centres. Regional Centre investors may rely on indirect job creation rather than directly hiring ten employees. A competent professional, such as an economist, must quantify the indirect employment. If the regional center is in a high unemployment area, the required capital is reduced to $500,000 US. Presently there are projects underway in many regional centers whereby making an investment of $500,000 in a limited partnership can qualify an individual for applying for a green card through the USA EB-5 investor program.

Out of the 10,000 Investor visas (EB-5 Visas) available annually, 5,000 have been set aside for those who apply under a pilot program involving an INS-designated “Regional Centre” To date, this quota has not been exceeded.

EB-5 investors include people from all walks of life – professionals, business people, persons wanting to facilitate a child’s education, and retirees. Because the EB-5 Visa permits employment in the US, many EB-5 investors become involved in charity or part-time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA.

Our firm has identified several regional centers that offer investment as Debt which is a loan to a business, Equity in which investor is a partner in the business, or Fund investment in which fund is created to loan several businesses and risk is minimized.

Make an investment in the EB-5 project with confidence.

Do not do an analysis of the EB-5 project but find the right immigration lawyer in India and the USA who can assist you to navigate the whole process of EB-5.