EB-5 US Investor Visa Archives

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

March 21, 2025

Navigating the EB-5 Visa Program Amidst Recent U.S. Immigration Policies

By Prashant Ajmera EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, Regional Centers, Residency & Citizenship by Investment

Navigating the EB-5 Visa Program Amidst Recent U.S. Immigration Policies

📜 In recent weeks, the U.S. immigration landscape has experienced significant shifts due to new executive orders issued by President Donald Trump. These directives have introduced changes affecting various immigration programs, leading to uncertainty among prospective immigrants. However, it’s important to note that the EB-5 Immigrant Investor Program continues to remain a viable pathway for those seeking U.S. residency through investment.

Recent Immigration Directives

On January 20, 2025, President Trump signed several executive orders aimed at restructuring U.S. immigration policies. These orders focus on enhancing border security, revising asylum procedures, and implementing stricter vetting processes for visa applicants. The administration’s intent is to prioritize national security and ensure that immigration programs align with these objectives.

The EB-5 Program: Stability Amidst Change

Despite the evolving immigration policies, the EB-5 Immigrant Investor Program has not been targeted by these recent executive actions. This program allows foreign investors to obtain U.S. permanent residency by investing $800,000 in a U.S. business that creates at least 10 full-time jobs for American workers. The program’s focus on economic development and job creation aligns with the administration’s goals of strengthening the U.S. economy.

Why the EB-5 Program Remains Unaffected

The EB-5 program’s emphasis on substantial investment and job creation distinguishes it from other immigration pathways. By contributing to economic growth, EB-5 investors play a crucial role in supporting U.S. communities, making the program less susceptible to restrictive immigration policies. This stability offers reassurance to potential investors considering the EB-5 visa as a route to U.S. residency. The present EB5 program is passed by US congress and hence it is not affected by recent talk by President Trump about US Golden Card with Investment of 5 Million dollars.

Moving Forward with Confidence

For individuals and families contemplating the EB-5 program, it’s essential to stay informed about current immigration policies and seek guidance from experienced immigration professionals. While the broader immigration landscape may be shifting, the EB-5 program continues to provide a reliable pathway to U.S. permanent residency through investment and job creation.

Conclusion

In light of recent immigration directives, the EB-5 Immigrant Investor Program stands as a steadfast option for those aiming to achieve U.S. residency. Its focus on economic contribution and alignment with national interests ensures its continuity amidst policy changes. Prospective investors are encouraged to pursue this opportunity with confidence, knowing that the EB-5 program remains a viable and stable pathway to the American dream.

For more information and legal advse:

📞 Contact Indian Immigration Lawyer Prashant Ajmera of Ajmera Law Group:
📱 Mobile: +91 99742 53030 | 📧 Email: info@ajmeralaw.com | 🌐 Website: www.ajmeralaw.com

📢 Legal Disclaimer: Immigration and visa matters are legal issues. Only an Indian lawyer can provide the appropriate legal advice in India.

September 23, 2024

What Questions to Ask When Making an EB-5 Investment for a USA Green Card?

By ajmeralawim Business Visa, EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, Immigration Visa, USA

What Questions to Ask When Making an EB-5 Investment for a USA Green Card?

Investing in an EB-5 project is a significant decision for obtaining a U.S. green card.

As with any large investment, thorough research and due diligence are essential.

Here are some crucial questions investors should ask before committing to an EB-5 project:

What is the name of your regional center, and do you own or rent it?

Understanding the ownership structure of the regional center is important. Some regional centers rent their license from others, which can complicate oversight. USCIS compliance and accountability.

Has this regional center complied with the new EB-5 rules?

In March 2022, new EB-5 regulations were introduced. It’s critical to confirm that the regional center complies with these updated rules.

Has USCIS approved the regional center’s compliance with the new rules?

Ask if the regional center has been officially approved by USCIS under the new regulations. This ensures their legitimacy and adherence to updated requirements.

Has USCIS approval for the project been received?

If not, inquire when the project petition was filed and when it will be approved. A project without USCIS approval may pose higher risks and EB5 petition cannot be submitted.

How many projects has the regional center completed, and what is the success rate of each project?

Reviewing the regional center’s past performance can give insight into their success rate, both in terms of financial returns and the issuance of green cards to investors.

Who are the project promoters, and what is their background and experience in the EB-5 industry?

Understanding the background, experience, and track record of the project promoters is critical. It’s essential that they have a solid understanding of EB-5 rules and regulations, as well as a history of managing successful projects.

What is the percentage breakdown between bank loans, promoter equity, and EB-5 funds?

A sound financial structure is key to reducing risk. Clarifying how much of the project is funded by bank loans, the promoter’s own equity, and EB-5 investor funds will give a clearer picture of the project’s stability.

How many jobs will be created per investor?

Each EB-5 investor must create at least 10 jobs to qualify for the green card. Ensure that the project has a solid job creation plan that meets or exceeds this requirement.

Who is your immigration lawyer?

The immigration lawyer’s expertise in EB-5 filings can significantly affect the success of your petition. Ensure that the project is represented by a lawyer with proven experience in the EB-5 process.

Who is the economist for the EB-5 project?

An economist plays a key role in analyzing job creation and ensuring the project meets EB-5 requirements. Make sure the economist is reputable and experienced in the EB-5 space.

Who is your securities lawyer for the EB-5 project?

A securities lawyer ensures that the project complies with U.S. securities laws, protecting your investment from legal issues.

Who will manage the escrow account?

The management of the escrow account should be handled by a reliable third party. This account ensures that your investment is safeguarded until the project meets certain benchmarks, such as USCIS approval or job creation.

When does the regional center intend to refund the investment?
It’s important to get a clear timeline on when the regional centre plans to return your investment, especially if the project does not meet the necessary criteria or if your EB-5 petition is denied. Is refund in fill, partial or any penalty of charge for a refund?

Investing in a friend’s or relative’s project in the USA can be a viable option, provided you feel comfortable asking critical questions and receiving transparent answers.

By asking these questions, you can gain greater confidence in the EB-5 project you’re considering and ensure that your investment leads to both a green card and a secure financial future.

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

EB-5 Investor Visa: Benefits of the Program

By ajmeralawim EB-5 US Investor Visa

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.

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 12, 2024

USA EB5 investment and Regional Centers Ownerships

By ajmeralawim 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.*

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

September 3, 2023

Opening of traditional bank accounts in the USA for Indian citizens and companies!

By ajmeralawim ALG News and Updates, EB-5 US Investor Visa, RBI on FEMA , LRS and ODI, USA Bank Account

Opening of traditional bank accounts in the USA for Indian citizens and companies.

Opening a US bank account for an Indian citizen and company is governed by FEMA regulations. The RBI has assigned the classification code S0023 in the A2 form, which can be found at this link: RBI A2 Form. This code clarifies that Indian citizens can open foreign currency accounts with foreign banks in any currency.

This enables Indian citizens to remit money under the LRS scheme, up to a yearly limit of US$ 250,000, and use or invest the remitted funds within six months. This flexibility allows Indian citizens to explore investment opportunities for up to six months and make investments at the most suitable time.

Numerous online NEO or virtual Bank accounts are offered by companies such as Payoneer, Wise, Zolve, Zenus, and other Fintech firms. These accounts are virtual and not direct accounts with traditional banks. However, some high street banks in the USA now offer account opening services for Indian citizens on a case-by-case basis, with the assistance of Ajmera Capital and ALG of India.

If an Indian citizen and company is interested in engaging in the following activities, they can open a bank account in the USA:

A. For Indian citizens:

1. Investing in real estate and agricultural land.
2. Making investments in the USA stock market, ETFs, bonds, and other financial instruments.
3. Invest in a new business or project to obtain a USA green card under the EB5 investor program.

B. For Indian companies:

1. Incorporating a new company in the USA as a subsidiary and expanding business operations in the USA, including transferring executives, managers, or technical personnel from India to the USA under L1 A & B visas.

2. Opening a branch office in the USA and/or investing in a company to conduct business in the USA.

3. Making investments in existing US companies with controlling rights and transferring executives and managers from India to the USA under EB1 (c) visas to obtain a US green card.

The USA Banks may evaluate each application on a case-by-case basis and typically require referrals or introductions for consideration. The necessary documents include a copy of the passport, a utility bill, an existing bank account statement, and a detailed application provided by the bank, along with designated email and mobile phone numbers.

For Indian companies, in addition to the above documents, directors and shareholders must provide Indian company Articles of Association, Memorandum of Association, GST and PAN card numbers, and a detailed application for opening a bank account.

It’s important to note that holding a specific type of US visa is not required, and there is no need to physically visit a US branch.

KYC (Know Your Customer) and verification procedures are carried out through email, mobile communication, and phone calls.

Generally, it takes 2-5 business days to open a bank account once all required documents are submitted, and there are no queries or issues raised by the US bank’s compliance team.

For more information, you may send an email to: info@ajmeracapital.com or Mo: +91 9974253030

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.

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Prashant Ajmera & Associates

Category Archives: EB-5 US Investor Visa