September 28, 2026

Three Ways to Expand Your Business to the USA

A Guide to Business Immigration Options

For Indian entrepreneurs and business owners, entering the American market is often less about starting from scratch and more about choosing the right legal pathway to move people, leadership, or capital across borders. U.S. immigration law offers several routes for this, but three stand out as the most commonly used by companies looking to establish, grow, or invest in a U.S. presence: the L-1 visa, the EB-1C visa, and the EB-5 visa. Each serves a different purpose, comes with its own eligibility criteria, and leads to different long-term outcomes. Understanding how they differ, and how they can work together, is essential for any business owner planning a serious move into the U.S. market.

1. Expanding Through People: The L-1 Visa

The L-1 visa is designed for companies that already have an established business outside the United States and want to open, run, or grow a U.S. office by transferring their own staff, rather than hiring locally from day one. It is a non-immigrant visa, meaning it is temporary in nature, but it is one of the most flexible and widely used tools for cross-border business expansion because it does not require a labor certification or proof that no qualified American worker is available for the role. The employer simply needs to demonstrate a genuine business need and a qualifying relationship between the overseas company and the U.S. entity.

There are two categories under the L-1 visa. The L-1A is for executives and managers, and covers individuals who will direct the organization, a major function within it, or a team of professional employees. This is typically the category used by business owners themselves, or by senior leadership being sent to establish and run the U.S. operation.

The L-1B is for employees with specialized knowledge, meaning individuals who possess an advanced level of expertise in the company’s products, services, research, systems, or processes that is not commonly found in the broader labor market. This category is often used for technical staff, engineers, or subject-matter experts whose knowledge is critical to setting up or operating the U.S. business.

To qualify for either category, the employee must have worked for the overseas company for at least one continuous year within the three years immediately preceding the application. The overseas and U.S. entities must also have a qualifying relationship, such as parent and subsidiary, affiliate, or branch office, and both entities must be actively doing business, not simply holding an office on paper.

One of the most valuable features of the L-1 visa is the new office provision, which allows a company that does not yet have a functioning U.S. office to still bring over an executive or manager to establish one. In this case, the initial approval is limited to one year, after which the company must show that the U.S. office is operating, generating revenue, and has hired staff, in order to extend the visa further. This makes the L-1 an ideal entry point for businesses that are serious about a U.S. presence but are still in the early stages of building it.

Once approved, the L-1A visa can be extended up to a maximum of seven years, while the L-1B can be extended up to five years. Spouses of L-1 visa holders receive L-2 status, which allows them to apply for work authorization in the U.S., and children can attend school on the same dependent status. Perhaps most importantly for long-term planning, L-1A status creates a natural and efficient bridge to permanent residency, because L-1A executives and managers are the exact profile targeted by the next category: the EB-1C visa.

2. From Transfer to Green Card: The EB-1C Visa

While the L-1 visa is temporary, the EB-1C is an immigrant visa category, meaning it leads directly to a Green Card from India. It is specifically designed for multinational executives and managers who have been working abroad for a company that has a qualifying U.S. affiliate, and who now wish to continue in an executive or managerial capacity for the U.S. entity on a permanent basis.

The eligibility requirements mirror those of the L-1A in many respects. The applicant must have worked in a managerial or executive role abroad for at least one year within the three years before filing, and there must be a qualifying relationship between the U.S. company and the overseas entity. The U.S. company must also have been doing business for at least one year at the time of filing. Because of this overlap, the EB-1C is often pursued as the natural next step after an individual has spent time in the U.S. on an L-1A visa, having already demonstrated that the U.S. office is functioning and that the executive role is genuine.

What makes the EB-1C particularly attractive compared to most other employment-based Green Card categories is that it does not require labor certification. Most employment-based immigrant visas require the employer to first test the U.S. labor market and obtain a certification from the Department of Labor showing that no qualified American worker is available for the position. This process, known as PERM, can take well over a year on its own. The EB-1C skips this step entirely, which significantly shortens the overall timeline and reduces administrative burden, making it one of the more efficient employment-based Green Card routes available.

That said, processing times for EB-1C petitions are still subject to the U.S. visa bulletin, which allocates a limited number of Green Cards each year by country of birth. Applicants born in countries with high demand, notably India, may experience longer waiting periods for their priority date to become current, even after the petition itself is approved. This is an important planning consideration, and one where early filing can make a meaningful difference over time.

The outcome of a successful EB-1C petition is significant: a direct, permanent Green Card for the applicant, along with the applicant’s spouse and unmarried children under 21. There is no need to first hold a temporary L-1 visa to qualify for EB-1C, though in practice, many successful applicants do use the L-1A as a stepping stone, since it allows the U.S. business to establish a track record before the permanent petition is filed.

3. Building a Presence Through Capital: The EB-5 Visa

The third major route, and the one most distinct from the other two, is the EB-5 visa. Rather than being based on an employment relationship or a transfer of personnel, the EB-5 is an investment-based Green Card category. It is designed for individuals who are willing to invest a significant amount of capital into a new commercial enterprise in the United States and, in doing so, create jobs for American workers.

The minimum investment threshold depends on the location of the project. For investments made in a Targeted Employment Area, meaning a rural area or a region with high unemployment, the required investment is 800,000 US dollars. For projects outside a Targeted Employment Area, the standard investment amount is 1,050,000 US dollars. In either case, the investment must be at risk, meaning it must be placed into a genuine commercial enterprise with the potential for gain or loss, rather than simply parked in a safe or guaranteed instrument.

The central requirement of the EB-5 program is job creation. The investment must directly or indirectly create or preserve at least ten full-time jobs for qualifying U.S. workers within a defined period. There are two broad ways to meet this requirement. The first is direct investment, where the investor starts or invests in their own business and is directly responsible for creating the required jobs. The second, and by far the more common route among Indian investors, is investment through a Regional Center, which is a USCIS-designated entity that manages larger development projects and pools capital from multiple investors. Regional Center investments allow for a more passive role, since job creation can be counted using indirect and induced employment models, and the investor is not required to be involved in the day-to-day management of the business.

Because EB-5 does not require the investor to work for or manage the enterprise personally, it is often the preferred route for business owners, professionals, or families who want a Green Card primarily for lifestyle, education, or long-term security reasons, rather than to actively operate a U.S. business themselves. It is worth noting, however, that EB-5 approval is initially conditional. Investors and their families receive a two-year conditional Green Card, and must later file a petition to remove the conditions by demonstrating that the required jobs were, in fact, created and that the investment remained at risk throughout the required period.

Like the EB-1C, EB-5 approval extends to the investor’s spouse and unmarried children under 21, making it a strong option for families planning a long-term move. Unlike the L-1 and EB-1C categories, EB-5 does not require any employer sponsorship at all. The investor is entirely self-sponsored, which removes the dependency on an existing overseas business or employment relationship, and opens the door to individuals who may not have a company to transfer staff from, but do have the capital to invest.

Choosing the Right Path

Each of these three categories serves a different kind of business goal. The L-1 visa is best suited to companies that already have an operating business abroad and want to move their own people to establish or grow a U.S. presence, with a realistic path to later convert that presence into a permanent Green Card through EB-1C. The EB-1C is the natural long-term destination for executives and managers who have proven, often through the L-1, that their U.S. operation is genuine and functioning. The EB-5, by contrast, does not depend on an existing business or employment history at all, and instead offers a direct route to permanent residency through capital investment and job creation, making it especially attractive to investors and families seeking a more passive path to a U.S. Green Card.

For many businesses, these routes are not mutually exclusive but sequential. A company might begin with an L-1 visa to establish its U.S. office, and once that office is operating successfully, its executive can pursue an EB-1C Green Card. Alternatively, a business owner without an existing company structure suited to L-1 or EB-1C may find that EB-5 offers the most direct path to permanent U.S. residency for the entire family.

Given the complexity of eligibility requirements, documentation, and processing timelines involved in each of these categories, working with experienced legal counsel from the outset is essential to choosing the right strategy and avoiding costly delays.

4. Bonus Path

There is also a fourth possibility, distinct from all three immigration routes above, for Indian HNIs and UHNIs who want to invest in the United States purely for financial reasons, with no visa or residency expectation attached. This route is suited to investors seeking higher returns, geographic diversification of their portfolio, and a way to build a corpus for their children’s future education abroad. The investment could be in land, real estate or financial market.

Ajmera Law International advises businesses and individuals on global mobility and U.S. business immigration strategy, including L-1, EB-1C, and EB-5 matters.

Contact: Advocate Prashant Ajmera

+91 9974253030 | prashant@ajmeralaw.com | ajmeralaw.com

December 29, 2025

How an Indian Company Can Transfer Funds to Its New US Subsidiary

By Prashant Ajmera Consult Immigration Lawyer, E2 business visa, EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, US Immigration attorney, US Immigration Lawyer, USA Bank Account, USA Student Visa

How an Indian Company Can Transfer Funds to Its New US Subsidiary: A Complete ODI Guide

Indian companies expanding abroad often need to inject capital into their newly registered US subsidiaries, such as Delaware C-Corps or Wyoming LLCs. This transfer must comply with RBI’s Overseas Direct Investment (ODI) rules under FEMA, routing through an Authorized Dealer (AD) bank rather than a casual wire. Equity contributions or intercompany loans form the standard paths, capped at 400% of the Indian parent’s net worth.

Choose Your Funding Structure

Equity infusion builds the US subsidiary’s paid-up capital, ideal for startups needing operational funds. Loans offer flexibility with repayment terms but count toward the same ODI limit and require arm’s-length documentation. Prohibited routes include casual remittances without ODI filing—always classify as financial commitment to avoid FEMA penalties.

Essential Pre-Remittance Steps

Board approval kicks off the process with a resolution detailing the amount, US entity specifics, and funding type. Gather key documents: audited financials with net worth certificate, US incorporation papers (Certificate of Incorporation/Organization, EIN confirmation), and a business plan. Submit Form ODI Part I to your AD bank, triggering FIRMS portal upload and issuance of a Unique Identification Number (UIN).

Executing the Outward Remittance

Provide the AD bank with Form A2, US bank details (SWIFT/ABA, account number matching subsidiary name), and ODI purpose code S0001 (equity) or relevant loan codes. The bank conducts KYC, verifies limits, and wires funds via SWIFT post-UIN approval. Retain the Foreign Inward Remittance Certificate (FIRC) and ensure share certificates or loan agreements follow from the US side.

Ongoing Compliance and Reporting

Post-transfer, file Form FC on FIRMS immediately, followed by Annual Performance Report (APR) and FLA by December 31 yearly. Route all future transactions to the same US entity through one AD branch using the UIN. Repatriate profits/dividends within timelines to stay compliant.

Quick Tips for Indian Based Firms

Leverage local AD banks in a big metro cities in Indian for faster processing, and consult FEMA experts early to align with US tax rules like IRS Form 5472 for foreign-owned entities. Non-compliance risks fines up to three times the amount—treat ODI as a strategic expansion milestone, not just a fund transfer. For tailored checklists, share your Indian entity’s structure and US state of incorporation.

For personal guidance tailored to your sector and business plans, contact: Lawyer Prashant Ajmera, Ajmera Law International – Global Mobility & Cross Border Law info@ajmeralaw.com | +91 99742 53030 | www.ajmeralaw.com

December 22, 2025

Trump 2025 Immigration Orders – Urgent Advisory for Indian Clients

By Prashant Ajmera EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, RBI on FEMA , LRS and ODI, US Immigration attorney, US Immigration Lawyer, USA Bank Account, USA Bank Account, USA Student Visa

Trump 2025 Immigration Orders: Urgent Advisory for Indian Clients

From January 2025, President Trump’s new immigration orders have created three main legal flashpoints:

(1) birthright citizenship limits,

(2) a broad 19‑country travel ban, and

(3) a USD 100,000 H‑1B fee for many new petitions from abroad.

All three are under active challenge in U.S. federal courts, but for now they are partially or largely in force, so Indian clients must plan assuming higher risk and cost, particularly for H‑1B strategy and for families where U.S.‑born children’s citizenship may be questioned at the margins.

For H‑1B: New overseas filings may attract the USD 100,000 fee unless exempt; advise employers to consider alternatives (L‑1, O‑1, remote work) and to review business models that rely on offshore‑to‑onsite rotation.
For U.S.‑born children of non‑LPR parents: Flag that EO 14160 is blocked in part but the Supreme Court has the issue; advise careful documentation and warn that final resolution is pending.
For the June 2025 travel ban: Clients with dual nationality, family or business links to the 19 affected countries need bespoke routing, nationality, and passport‑usage advice; the ban does not target India but can indirectly affect Indian multinationals and mixed‑nationality families.

Litigation and practical impact:

Executive action (2025)	Main content (immigration/visa)	Who is affected in practice (esp. Indians)	Court challenge & current status
EO 14160 – “Protecting the Meaning and Value of American Citizenship”	Narrows birthright citizenship to children of U.S. citizens and lawful permanent residents only.	Indian H‑1B/F‑1/L‑1 families with U.S.‑born children; risk to automatic citizenship if EO is upheld, though currently not fully in force.	Multiple federal suits + Supreme Court review; broad preliminary injunctions keep key parts unenforceable; partial stay means uncertainty until final decision.
June 2025 “travel ban” for 19 countries (EO under INA 212(f))	Full entry ban for nationals of 12 countries; partial suspension of B‑1/B‑2/F/M/J and immigrant visas for 7 more.	Indian clients are indirectly affected through spouses/partners, staff, or projects involving nationals from banned countries; Indian passport holders are not banned.	NGOs and individuals have sued, arguing overreach and discrimination; no nationwide block, so bans remain largely in force while cases proceed in appellate courts.
Proclamation – “Restriction on Entry of Certain Nonimmigrant Workers” (H‑1B fee)	Imposes around USD 100,000 fee for many new H‑1B petitions for workers outside the U.S., with narrow exceptions.	Indian IT/tech professionals and Indian‑headquartered outsourcing companies; sharply raises cost of new H‑1B hires from India and may shift demand to L‑1/O‑1 or remote work.	Around 20 U.S. states plus business/education groups have sued, alleging lack of statutory authority and APA violations; courts have not (yet) enjoined, so USCIS is collecting the fee pending outcome.
Border “invasion” / asylum & expedited‑removal orders (Jan 2025)	Declares emergency, tightens asylum eligibility, expands expedited removal, and limits release after entry.	Mainly affects asylum seekers at the southern border; limited direct effect on Indian professionals/students, but relevant for Indian nationals using third‑country routes.	Civil‑rights and immigrant‑rights suits have led to partial injunctions (particularly on some asylum‑limiting provisions); core enforcement posture remains active.
Refugee‑admissions reduction/suspension orders	Slashes refugee ceiling and pauses many new refugee admissions, with narrow exceptions.	Limited direct impact on typical Indian employment‑ or family‑based cases; relevant for certain religious‑minority or conflict‑zone Indian clients.	Litigation has forced processing of some already‑approved cases, but lower ceilings and tighter criteria largely stand while cases are pending.

What Indian IT Pros Must Know Now

President Trump’s 2025 executive actions hit Indian IT workers hardest through the $100,000 H-1B fee and rising scrutiny, forcing a rethink of U.S. career strategies. This blog breaks down the real risks and practical steps for Indian citizens on H-1B, L-1, or pursuing them.

H-1B Fee: Game-Changer for Indian Talent Pipeline

The September 2025 proclamation mandates a $100,000 one-time fee for many new H-1B petitions filed from outside the U.S., targeting the offshore-to-onsite model that powers Indian IT giants like TCS, Infosys, and Wipro. Indians, who receive over 70% of H-1Bs, face slashed job offers, stalled transfers, and a pivot to L-1 intra-company visas, O-1 extraordinary ability, or staying remote in India.

Litigation by 20 states is underway, but no injunction blocks USCIS from collecting fees yet—plan as if it’s permanent.

Indirect Hits: Travel Bans and “Third World” Threats

India avoids the June 2025 19-country travel ban, but Indian firms lose productivity from denied visas for Afghan, Iranian, or African staff on mixed projects. Trump’s “permanent pause” rhetoric and USCIS green-card re-exams signal more RFEs, delays, and birth-tourism crackdowns affecting H-1B families.

5 Urgent Steps for Indian IT Professionals

Pause non-essential travel: Avoid visa stamping abroad if on H-1B extension or amendment—consulates are unpredictable.
Diversify visas: Push employers for L-1 (no cap, intracompany) or O-1; students, aim for cap-exempt H-1B via universities.
Build Plan B: Canada Express Entry, UK Skilled Worker, or UAE Golden Visa now process faster than U.S. paths.
Document aggressively: Extra proof of ties, wages above median, and U.S. job necessity counters rising scrutiny.
Employer talks: Ask HR about fee absorption, remote options, or U.S. campus hiring to bypass overseas fees.

Quick Risk Table: Trump Policies vs. Indian IT Cases

Policy	Indian IT Impact	Status	Action
H-1B $100K Fee	Blocks new hires from India	In force (suits pending)	Switch to L-1/O-1
Travel Ban (19 countries)	Project delays for mixed teams	Active	Reroute nationalities
Green Card Re-exams	EB-2/3 delays, more RFEs	Expanding	Over-prepare evidence
Birth-right Limits (EO 14160)	H-1B family uncertainty	Partly blocked	Dual-citizenship planning

Stay ahead: Consult specialists like Ajmera Law International for case reviews. Share if this helps your network!

For personal guidance tailored to your facts, contact: Lawyer Prashant Ajmera, Ajmera Law International – Global Mobility & Cross Border Law
info@ajmeralaw.com | +91 99742 53030

June 30, 2025

Essential Tips for First-Time Applicants of a U.S. B1/B2 Visa

By Prashant Ajmera US Immigration attorney, US Immigration Lawyer, Visitor - Non-immigrant visa - B1/B2 visa

Essential Tips for First-Time Applicants of a U.S. B1/B2 Visa

The B1/B2 visa is a non-immigrant visa for temporary visitors to the United States. It is intended for individuals traveling for business (B1) or tourism/medical purposes (B2). Here’s a step-by-step guide:

Determine Eligibility:

Confirm the purpose of your visit (business, tourism, or medical treatment).
Ensure that you have NO intent to immigrate or stay beyond the allowed period.

Complete the DS-160 Form:

Visit the Consular Electronic Application Center (CEAC) and fill out the DS-160 form.
Upload a recent photograph that meets U.S. visa requirements.

Pay the Visa Fee:

Pay the non-refundable visa application fee (approximately $160 as of now) through the appropriate payment method in your country.

Schedule the Interview:

Book an appointment at the nearest U.S. Embassy or Consulate.
If applicable, schedule a separate biometric appointment for fingerprints and photographs.

Prepare Supporting Documents:

Bring the following documents to your interview:

Passport (valid for at least six months beyond your intended stay).
DS-160 Confirmation Page.
Visa Fee Receipt.
Appointment Confirmation Letter.
Evidence of Strong Ties to Your Home Country:
- Employment verification letter.
- Property ownership documents.
- Family-related ties.
Financial Evidence: Bank statements, tax returns, or proof of income.
Trip Details: Travel itinerary, hotel bookings, or invitation letter (if visiting family/friends).
Business Purpose Documents (for B1): Meeting agendas, letters from U.S. business partners, etc.
Medical Treatment Evidence (for B2): Doctor’s letter, diagnosis, treatment plan, and proof of ability to pay.

Attend the Visa Interview:

Be prepared to answer questions about your travel purpose, finances, and ties to your home country.
Provide truthful, concise answers.

Common Mistakes Made by Applicants:

Incomplete or Incorrect DS-160 Form:
- Errors in personal information or inconsistent details can lead to delays or rejections.
Inadequate Supporting Documents:
- Failing to provide proof of financial stability or strong ties to the home country.
Unclear Purpose of Visit:
- Vagueness or inconsistency in explaining the reason for your trip can raise red flags.
Providing Misleading Information:
- Any form of dishonesty, such as false employment claims or fabricated documents, will result in visa denial and possible bans.
Lack of Preparation for the Interview:
- Appearing nervous or giving unclear answers can indicate a lack of credibility or intent.
Overemphasis on Relatives in the U.S.:
- Focusing too much on family connections may lead to suspicion of immigration intent.
Poor Financial Proof:
- Insufficient funds or inability to justify how you will finance your trip.
Overconfidence or Aggressiveness:
- Being overly assertive or challenging the consular officer during the interview can be detrimental.
Previous Overstay or Immigration Violations:
- Past visa violations can lead to automatic denial unless satisfactorily addressed.
Not Researching Travel Restrictions:

Applying during periods when travel restrictions or bans are in place without understanding them.

Tips for Success:

Be truthful and consistent in your application and during the interview.
Demonstrate strong ties to your home country.
Clearly articulate your travel plans and show evidence of financial preparedness.
Dress appropriately and maintain a polite, professional demeanor during the interview.

By avoiding common mistakes and preparing thoroughly, applicants can significantly improve their chances of obtaining a B1/B2 visa.

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

May 12, 2025

USA L1 A and B – Business Visa

By ajmeralawim Consult Immigration Lawyer, L1 A & B Visa, US Immigration attorney, US Immigration Lawyer

Connect, Expand, Succeed: The Gateway to the USA – L1A & L1B Business Visas.

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.

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.

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.

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.

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.

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.

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.

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.

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 7, 2024

USA EB-5 Visa – Direct Investment vs. Regional Center

By ajmeralawim EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, Green Card, Regional Centers, Uncategorized, US Immigration attorney, US Immigration Lawyer

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.

January 7, 2024

Is USA EB-5 investment at Risk?

By ajmeralawim 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.

October 1, 2023

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

By ajmeralawim 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:

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.
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.
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.
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 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?

By ajmeralawim 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.

July 16, 2023

New EB-5 RIA Rules Provide More Safeguards to Investors

By ajmeralawim Consult Immigration Lawyer, E2 business visa, EB-5 US Investor Visa, US Immigration attorney, US Immigration Lawyer, USA

The provisions in the New EB5 Reform and Integrity Act will allow investors to make investments in Regional Center EB-5 projects with more confidence.

These are FAQs on new New EB5 Reform and Integrity Act effective 15^th March 2022 to 30^th September 2027

What are the new EB-5 rules that came into effect in March 2022?

Ans: Under new EB-5 rules, the investment amount has increased from US $500,000 to US $800,000 for rural areas, high unemployment areas or an infrastructure project. The amount has been increased from US $1,000,000 to US $1,050,000 for any other area and any other project /business. In either case, the investment must be made into a new business entity and must create at least 10 jobs for Americans.

For what period of time will this new rule be applicable?

Ans: The new rules are effective for a period of five years, that is, until 30^th September 2027.

How will this new rule affect my pending EB-5 petition?

Ans: The new EB-5 rules provide for grandfathering of pending petitions, meaning that all pending EB-5 petitions will not be affected by these new rules. The EB-5 program is reauthorized until September 30th, 2027. The pending petitions will continue to be processed even after this date in the event the outcome of the petition is not decided.

What is a rural area?

Ans: In general, an area with a population of less than 20,000 people as per the latest US census is termed as a rural area.

What is a high unemployment area?

Ans: An area is designated by the Secretary of Homeland Security as a high unemployment area when unemployment is 150 per cent of the national average unemployment rate.

Is there any quota for EB-5-based Green Cards in the USA?

Ans: Yes, there is an annual quota of 10,000 Green Cards per year. From this quota, 20% is reserved for rural areas, 10% for high-unemployment areas and 2% for infrastructure projects.

Who decides if an area is a high unemployment area?

Ans: Only the Secretary of Homeland Security or a designee of the Secretary can determine if an area can be designated as a high unemployment area. The federal, state or local government does not have the authority to designate a high unemployment area.

What is an infrastructure project and who determines which projects are infrastructure projects?

Ans: An ‘infrastructure project’ means a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority). The Secretary of Homeland Security or a designee of the Secretary will determine if a project is an infrastructure project or not.

Will there be a rise in the EB-5 investment amount in the near future?

Ans: Under new rules, the EB-5 investment amount will increase every five years as per the consumer price index. The next revision will be on or after 1^st January 2027.

I am in the US on legal status, so when can I file for an EB-5 petition (I 526) and an adjustment of status (I 485) petition?

Ans: Under the new rules, any foreign national who is on a legal visa status may file a petition for EB-5 and adjustment of status at the same time. In other words, you can file for I 526 and I 485 at the same time.

Under new rules how will “indirect job creation” be calculated”?

Ans: Under new rules, only 90% of the estimated indirect job creation will be considered for job creation and if it is indirect job creation in a real estate project, then only 75% of the estimated jobs will be considered for job creation.

Is there record-keeping and audits for regional centres under the new rules?

Ans: Yes, under the new rules, regional centres are required to keep a record for a period five years after the last transaction is made and also undergo an audit every five years.

Are projects promoted by regional centres approved by the US government?

Ans: Under new rules, each regional centre must pre-approve its project before it raises funds and before investors file an I-526 petition. Under the old rules, it was voluntary for the regional centres to obtain pre-approval of the project.

Who can own, run, manage and operate a regional centre?

Ans: Only Green Card holders and American citizens can get involved in owning, managing and operating a regional centre provided – the person has a clean criminal record, does not have any ongoing criminal cases pending against him/her, has never been convicted of any crime such as securities law violations, illegal trafficking of contraband substances and such other violations. Additionally, no foreign government or entity can get involved in a regional centre.

Are persons working for and affiliated with a regional centre subject to any law?

Ans: Under new laws, not only owners but also promoters, directors, managers, employees, associates, marketing agents and other associated personnel of a regional centre must remain in compliance with SEC regulations and other regulations made in this regard.

What is EB–5 INTEGRITY FUND under the new rules?

Ans: Each regional centre is required to pay US $20,000 and US $10,000 (if the regional centre has less than 20 investors per year) in the EB–5 INTEGRITY FUND. An additional fee of US $1,000 per investor is required to be paid in addition to I -526 petition fees. This fund will be used for the purpose of management, audit, investigation, site visits, investor awareness, maintaining the integrity of the program and monitoring compliance with the requirements under section 107 of the EB–5 Reform and Integrity Act of 2022.

Do EB-5 direct and third-party promoters (migration agents overseas) need to meet any compliance requirement with USCIS and/or SEC?

Ans: Each regional centre will be required to register their marketing agents, migration agents and such other affiliates with USCIS with their contact details, any signed agreement and fees contract. Promoters will also be required to certify that they are in compliance with the guidelines for third-party promoters; promoting the EB-5 project in compliance with the guidelines provided for the project and also for the visa process.

Are there any changes to the source of fund requirement?

Ans: Under new rules, the investor must demonstrate a legitimate source of funds not only for the investment amount but also for any administrative fees paid to the regional centre.

What if my regional centre does not comply with US regulations and is sanctioned or closed down?

Ans: Under the new rules, if the foreign investor has made an investment in good faith in a regional centre and for any reason the regional centre is TERMINATED OR DEBARRED, it will not have an effect on the EB-5 petition of the foreign investor. The investor will not lose the priority date if the amendment to the business plan and removal of conditions is filed within 180 days of the notification received from the government for the termination of RC.

How will my money be invested in an EB-5 project?

Ans: The investment amount will be transferred to a separate account maintained by the regional centre. It will be transferred to the project only when it is certified by designated FUND MANAGERS (such as a public accountant, attorney, broker-dealer, investment advisors, etc.)

NOTE: In order to protect investors, various checks and balances have been introduced in the new EB–5 Reform and Integrity Act of 2022. Please refer to the full text of the Act for details.

This is a very simplified FAQ for a general understanding of the new EB-5 Reform and Integrity Act. You are advised to refer to the complete text of the ACT or consult a qualified attorney for more information.

About Ajmera Law Group:

Ajmera Law Group (ALG) is an Indian law firm that assists Indian students and parents to plan for their or their child’s foreign education and subsequent settlement in a foreign country by offering various options including Residency and Citizenship by Investment and/or global investment.

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