September 23, 2024

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:

  1. 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.

  1. 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.

  1. 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.

  1.  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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

 

October 1, 2023

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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

 

July 4, 2023

Foreign Education Loan in India – A Boon or Bane?

There are numerous government schemes, both at the central and state levels, that promote foreign education loans for Indian students aspiring to study abroad. Additionally, several major Indian banks are also offering favorable terms and conditions for these loans.

Recent data from the Reserve Bank of India (RBI) reveals that Indian parents have remitted a substantial amount of money for foreign education, indicating a growing trend. The total remittance includes fees for foreign education, financial gifts to children, and other expenses, amounting to a significant sum.

Given the increasing demand for foreign education, financial institutions are actively vying for a share of this market by providing education loans to Indian students.

However, it is essential to assess whether these loans are a blessing or a curse based on the success rate of Indian students in achieving their educational goals and the potential for career prospects and settlement abroad.

To understand the foreign education market, one must recognize that it is predominantly dominated by unregulated agents and consultants across India.

In the past, many Indian professionals who immigrated to various countries believed that studying abroad guaranteed a successful life. While this may have held true a decade or two ago, it is certainly not the case in 2023.

Historically, students primarily pursued master’s degrees abroad for a duration of one year at university-level institutions. During this period, the cost of education was manageable for families, and students often worked part-time jobs. After completing their master’s degrees, they were well-positioned to secure jobs, particularly in English-speaking countries like the USA and Canada.

However, the current trend in studying abroad extends beyond master’s degrees. Students now consider pursuing undergraduate studies, including postgraduate diploma programs, or enrolling in private colleges and universities. Unfortunately, many overlook crucial factors such as the cost of education, English language proficiency requirements, and relevant work experience in India.

Let’s consider an example of a typical middle-class Indian student aspiring to study abroad and settle in Canada or a similar country.

Several factors need to be considered:

  1. Foreign Education Cost Consideration: The cost of a typical four-year university education can range from 1 to 1.5 crores in terms of tuition fees and related expenses. This financial burden is often unaffordable or undesirable for many families. As a result, these students and parents are lured into pursuing the “foreign dream” by opting for private or semi-private colleges, which offer education similar to Indian polytechnic or diploma programs. The cost of education in such institutions ranges from 8 to 15 lakhs, significantly lower than that of universities.

 

  1. English Language Consideration: Many students aiming to study abroad face challenges with English language proficiency for various reasons. Consequently, the demand for English language classes has grown in India. Low scores in English language proficiency tests often hinder Indian students’ admission into university programs, whether they have completed their 12th grade or hold three or four-year bachelor’s degrees. These students are then redirected to the aforementioned private or semi-private foreign colleges.

 

  1. Rushing Abroad without Indian Work Experience: The prevalent belief that studying abroad guarantees a successful future has led students, parents, teachers, professors, and career counsellors to advise immediate relocation. Unfortunately, much of this advice fails to consider the crucial aspects of studying abroad, settling, and understanding the immigration rules of the respective countries.

Now, let’s examine the immigration systems of the three most popular destinations for studying and settling abroad: Canada, Australia, and New Zealand.

These countries’ immigration processes typically involve criteria and point-based systems. If applicants meet or exceed a certain score threshold, they become eligible for permanent immigration.

The criteria for permanent immigration generally include the following factors:

  1. Education in India and abroad
  2. Age
  3. Minimum 1 to 4 years of relevant work experience in India and abroad
  4. English language proficiency score
  5. Blood relatives residing in the respective countries
  6. Job offer from a company
  7. Spouse’s education, work experience, and fluency in the English language

The strong belief among Indian students and parents that studying abroad guarantees a successful life is often fuelled by unregulated agents and consultants. These agents promise low-cost education, admission with low English language proficiency scores, and no requirement for prior work experience in India.

Unfortunately, these three factors can lead to disastrous career outcomes for Indian students. They struggle to find employment related to their education, face challenges with English language proficiency, and realize that the courses they pursued are not in demand in their host countries. These factors collectively hinder their job prospects, immigration prospects, and ability to settle abroad.

Foreign education loans obtained from Indian financial institutions can become a curse rather than a blessing for students and parents. When students are unable to secure employment or immigration status in their host country their families in India are unable to repay the loan EMIs, which can result in financial hardship, leading to the loss of family property.

It is alarming to note that in the past 3-4 years, a significant number of Indian students in Canada have resorted to extreme measures such as suicide, falling victim to immigration fraud, or engaging in criminal activities due to the inability of their Indian families to support them.

Similarly, studying in the USA can lead to disappointment for many students as they face challenges in obtaining an H1B visa. Moreover, the waiting period for a USA green card for Indian students as of July 2023 is 12-20 years, and without an increase in the green card quota by the US government, this waiting time may further escalate.

Consequently, studying and settling abroad should be a decision made after carefully exploring ALL available options rather than rushing into a foreign country without considering the long-term implications.

About the Author:

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

November 7, 2021

International Student Crisis: Funeral home sending an alarming number of bodies back to India!

October 21, 2021 (Yahoo News) 

The lotus is a symbol that looms large in India’s mythology.

The soft pink petals of the flower join knowledge, prosperity and compassion together in spiritual harmony. In life, and beyond, the lotus represents the attainment of bliss.

The Lotus Funeral Home and Cremation Centre is an unassuming building, located incongruously in an industrial area near the border between Toronto and Peel.

A small peaked porch at the front of a squarish concrete structure marks the entrance grieving families walk through. The rest of the building stretches back to a parking lot at the rear and it shares its street with a shipping company, furniture warehouse and an industrial equipment supplier.

For family members in India who receive the bodies of their loved ones from the Lotus Funeral Home half-way round the world, the symbolism is a tragic reminder of a promising life cut short.

Lotus is where more and more young people from the world’s largest democracy are laid to rest. Their bodies are prepared there for a journey back home, from where they left on their adventure to study abroad, carrying the weight of so many expectations.

The funeral home is tasked with arranging the transportation of deceased Indian nationals, students who came to Canada among the waves of like minded seekers searching for a better life.

As Brampton grapples with an international student crisis, where too many youngsters fall through the cracks—some into a life of crime, lured by prostitution or the drug trade, others simply crushed by isolation and lonliness—increasing numbers of flights are carrying the bodies of young Indian men and women as part of their cargo.

“We’re finding that the number of student deaths has increased, not only in Brampton but across Canada. We see it across Canada,” Kamal Bhardwaj, the owner of Lotus Funeral Home and Cremation Centre, told The Pointer. “We have relationships with the Indian consulate, so when an international student passes away, then we’re notified, then we have to [help] out the families, usually bring their bodies back to India.”

In the past two weeks alone, Bhardwaj and his staff have sent the bodies of five students home. He says he sends them home at least on a monthly basis.

International students, many of whom live in Brampton, face a daunting task settling in Canada. A large number come from South Asia, where some families have liquidated assets and saved for decades to send one child to North America for an education, and eventual immigration… they hope. In the 2016-2017 academic year, there were 35,403 international students from India studying at colleges and universities in the country, according to Statistics Canada.

“In order to afford that, when you do the financial transaction, you’re looking at mortgaging the farm at home,” Gurpreet Malhotra, the CEO of Indus – Community Services, previously told The Pointer. “Family puts everything they’ve got into borrowing money to get you into Canada.”

The amount of money spent by international students in Canada has exploded over the last decade. According to the federal government, they spent $6.5 billion in 2008, and by 2018, the number had reached $21.6 billion, more than tripling in a decade as many of these unsuspecting students became the focus of a post-secondary system that now views them as a cash cow.

Governments have been all too happy to relieve their financial pressures by expanding international student admissions to significantly increase revenues.

The pressure on students is immense, as are the costs. They are often unable to return home for a host of reasons, including the crippling family shame that would accompany failure, and are limited to just 20 hours per week of work to support themselves here. Many are still developing a full grasp of the language and others come from places like rural Punjab, with no experience of life in big Canadian cities.

Some are lured into the world of organized crime and drug trafficking.

While international students, often not even out of their teens, struggle to navigate a new system, private and public colleges benefit handsomely. For Canada’s post-secondary education institutions, these young people and their desperate families represent a critical source of revenue.

The sector began to shift toward attracting more international students in 2008. Young adults coming to Canada from abroad can pay as much as four times the tuition fees their domestic classmates pay.

Over the past ten years, revenue from student fees has increased by 218 percent in Canada, with a $3.25 billion increase in the Canadian international education market over roughly the same period. The average tuition fee for domestic students is $6,822 compared to $27,613 for international students.

This outsized reliance on income from international students is shown in Sheridan College’s most recent annual report. According to the institution, 62 percent of its revenue comes from tuition fees and 56 percent of tuition fees are paid by international students.

International students accept the cost, at least in part, because graduation is portrayed by education agents in India as a path to permanent residency. An industry of private and relatively unregulated colleges has developed in Canada, selling degrees and diplomas as a path toward a permanent home in Canada.

“I can give you a painful example of a student who was acting out at the corner of Steeles and McLaughlin,” Baldev Mutta, the CEO of Punjabi Community Health Services, told Brampton councillors in September. “Somebody called us. We rushed over to find out. And, when we calmed this young man down, he said, ‘I need to get arrested because I have not eaten for a while and I have no place to sleep. At least if the police arrest me, I know they are going to feed me’.”

In a foreign land without a support system, the consequences can be fatal. Greedy landlords cram people into houses without suitable fire protections, while human traffickers circle the students most desperately in need of money.

Go Fund Me, a crowdfunding website, acts as a tragic obituary.

“His family wishes to see him one last time, but they cannot bear the costs of coming to Canada or of the funeral,” one appeal, to send the body of a 21-year-old student back to India, says. Another 23-year-old passed away in a truck fire after three years in Canada away from his family, and another died after drowning.

“They wanted their daughter to have a very good education and lead a better life and contribute to the betterment of others’ lives, and she came to Canada as an international student on an education loan,” one page explains. “They also expected her to support her younger sister for her education and career in the upcoming years. Now the family has lost their light in life, in a tragic accident.”

There are multiple factors that can lead to the death of an international student. From exorbitant rents and inadequate housing to a lack of emergency food support. Poor connections between the international student community and mental health services also leave many isolated without anyplace to turn. Colleges and private “career” schools have been criticized for not providing proper support to the students they gladly take money from, to fund operations designed primarily for the success of domestic students.

Community leaders monitoring the plight of international students say suicide is a growing problem.

“I can’t tell you the cause of death because I am not privy to that,” Bhardwaj said. “Usually, when there is a young person involved in a death, it is investigated by the coroner’s office, now the coroner’s office doesn’t share the results with us … but I can tell you on visual observations you can see certain indications of a suicide, for example.”

The Peel Regional Police says it does not have a way to record missing persons or death by suicide under any category that identifies the individual as an international student.

“I think the magnitude of the problems are so enormous that until we can all sit down in one room and say, ‘What are some baby steps we can take to address this?’ I think it is going to keep on spiralling and we will see the aftermath of it later on,” Mutta said.

He mentioned students who had been arrested as drug mules and nine pregnant international students his organization is working to help.

Mutta and Malhotra are leading community efforts to address the international student crisis. Bhardwaj also runs a charity that specializes in mentoring and peer-supporting international students before and after they arrive in Canada.

The solutions — which lie in the hands of all three levels of government — can’t come soon enough.

The difficulty faced by international students in Brampton echoes around the world. It is felt by friends locally, community leaders and, most painfully, by parents and other loved ones thousands of miles away.

“We’re dealing with these families and this tragedy, parents don’t believe this has happened, they don’t believe it is their child, they go through a hunger strike,” Bhardwaj says. “They said, ‘No, no, no, until I see my son, I’m not going to eat anything’. And literally, these are the kind of things we see… it’s just difficult all around, it impacts everyone, even our staff.”

Their end-of-life care is supposed to comfort families that look to the lotus as a symbol of hope, that even after death their loved ones will find their bliss. For families in India, who have to receive the bodies sent by Bhardwaj, his lotus is a reminder of everything they lost.

Source: Yahoo News: