1. USA & Canada Investor
Visa Program
The Road from Investment to Citizenship
6/2/2016Law Office of Prashant Ajmera & Associates

2. Speakers: Prashant Ajmera, LL.B
6/2/2016Law Office of Prashant Ajmera & Associates
• Institute of Chartered Secretary and Administration
(ICSA)
• Bachelor of Law, Gujarat University
• Bachelor of Science, Gujarat University
• Experience in corporate law and international trade
• Member of International Bar Association

3. Speakers: Anahita Jagtiani, Esq.
6/2/2016Law Office of Prashant Ajmera & Associates
• Licensed to practice law in the US
• Member of Pennsylvania Bar Association
• Juris Doctor (JD), Pennsylvania State University
• Bachelors in Accounting & Law, Drexel University

4. USA Investor Visa Program
EB-5
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5. EB-5 Investor Visa: History
• In 1990, Congress created the Immigrant Investor Program to stimulate the
U.S. economy through job creation and capital investment by foreign
investors
• The EB-5 investor visa program enables foreigners who make an investment
in a U.S. business to obtain a green card and become lawful permanent
residents, and eventually citizens, of the United States
6/2/2016Law Office of Prashant Ajmera & Associates

6. EB-5: Overview
• The Immigration and Nationality Act allocates 10,000 EB-5 immigrant visas
per year to qualified individuals seeking Permanent Resident status on the
basis of their capital investment in a commercial enterprise
• EB-5 has a capital investment threshold and job creation requirement which
needs to be fulfilled to acquire a Green Card
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7. Benefits of EB-5 Visa
• Along with the investor, his/her spouse and unmarried children below the
age of 21 years are also granted dependent immigrant visas
• EB-5 permits investors to provide high-quality college and university
education to their children at a minimal cost
• Children are eligible for instate or domestic tuition fee and access to student
loans
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8. Benefits of EB-5 Visa
• As permanent residents, the immigrant investors and their family members
can live and work anywhere in the US and run their own proprietary
businesses
• No language requirements
6/2/2016Law Office of Prashant Ajmera & Associates

9. Requirements for EB-5 Visa
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• Three requirements need to be met to obtain a US Green Card:
 Investor needs to invest $1 million or $500,000 in a Targeted Unemployment Area
(TEA) or a rural area
• TEA is an area with an unemployment rate that is at 150% of the national average
• Congress has reserved 3000 out of the 10,000 EB-5 visas for TEA investors.
• Rural area means any area not within either a metropolitan statistical area or the outer
boundary of any city or town having a population of 20,000 or less

10. Requirements for EB-5 Visa
 Each EB-5 investor has to demonstrate that their capital investment will
create/preserve at least 10 full-time jobs for qualified U.S. workers within the United
States
• A qualified U.S. worker includes U.S. citizen, a lawful permanent resident, asylee or refugee
• Jobs created for non-immigrant workers and/or members of the EB-5 investor’s family are
not qualifying
• Full-time job requires a qualified employee to be working for a minimum of 35 hours per
week
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11. Requirements for EB-5 Visa
 The investor must invest in one of the following for-profit business capital structures:
• A new commercial enterprise created after November 29, 1990; or
• An enterprise which will expand to 140% of pre-investment net worth or number of
employees; or
• A troubled business in which jobs will be preserved
6/2/2016Law Office of Prashant Ajmera & Associates

12. EB-5 Project, Direct Investment, or Regional
Center
• An investor has three options for investment purposes:
• EB5 project; or
• A new venture; or
• Regional center
6/2/2016Law Office of Prashant Ajmera & Associates

13. EB-5 Projects
• EB-5 projects assume many different business models and operate within
many different industries. Types of EB-5 projects include, but are not limited
to:
 Mixed use retail
 Hotels
 Sports stadiums
 Restaurants
 Casinos
6/2/2016Law Office of Prashant Ajmera & Associates

14. Choosing an EB-5 Project
• Choosing an EB-5 project to invest in is a daunting task
• Since the investor’s permanent residency is dependent on the ability of the
project to create jobs and adhere to USCIS criteria, choosing an EB-5 project
that is viable as a business is perhaps the most important step of the EB-5
process
6/2/2016Law Office of Prashant Ajmera & Associates

15. EB5 Direct Investment
• Investor can start up his or her own “new commercial enterprise” in which
he or she will invest and play a role in management or policy making
• Creation of jobs is the most difficult to prove under this category
• Individual investors must prove direct employment of 10 full-time U.S.
citizen or permanent resident employees
6/2/2016Law Office of Prashant Ajmera & Associates

16. EB5 Direct Investment
• Biggest stumbling block for an individual investor is proving that the investment has
been made in a “new commercial enterprise”
• A "new commercial enterprise" can be created by an individual investor in one of
three ways:
 Establishing a brand new business; or
 Acquiring an existing business and engaging in significant restructuring or reorganization; or
 Expanding an existing business. This option requires the investor to prove not only the
creation of 10 new jobs but also the expansion of either net worth or number of employees
of the business by at least 40%
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17. EB-5 Investment in Regional Center
• What is a regional center?
 A regional center is a business entity that co-ordinates foreign investment within that
area in compliance with the EB-5 regulatory framework
 Most of the approved regional centers have been approved as "targeted employment
area" investments, thus qualifying for the reduced $500,000 investment requirement
• Why invest in a regional center?
 Investment in a regional center allows for a less restrictive job creation requirement
based upon the creation of direct or indirect jobs
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18. Direct v. Indirect Jobs
• Direct jobs
 Direct jobs are actual full-time positions created by the business
• Indirect jobs
 Indirect jobs are jobs that are ancillary to the project. For example, employees of other
businesses that would be servicing that project/business or construction jobs
 The number of indirect jobs created are dependent on the business plan and detailed
economic analysis, which is evaluated and approved by USCIS
6/2/2016Law Office of Prashant Ajmera & Associates

19. Benefits of Opting for Regional Center
• The regional center investment often provides the quickest and most secure
exit strategy
• Most importantly, it is not reliant upon proof of employment of 10 qualified
U.S. workers per EB-5 investor, since projected indirect and induced
employment qualify
6/2/2016Law Office of Prashant Ajmera & Associates

20. EB-5 Petition Processing
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21. EB-5 Statistics 2014
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22. Obtaining Green Card through EB-5
• The Law Office of Prashant Ajmera & Associates can help you obtain your
Green Card by providing you the following services:
 Guidance and assistance in EB-5 project selection
 Form I-526 immigrant petition approval
 Application for an immigrant visa either through adjustment of status (Form I-485) in
the United States with USCIS, or through application for immigrant visa (Form DS-
230) with the Department of State (DOS)
6/2/2016Law Office of Prashant Ajmera & Associates

23. Obtaining Green Card through EB-5
 Upon approval of the Form I-485 or admission on an EB-5 immigrant visa, grant of
conditional Green Card
 Form I-829 petition to remove condition on the Green Card which must be filed at the
end of two year conditional period
6/2/2016Law Office of Prashant Ajmera & Associates

24. Problems with EB-5 Petition
• An individual EB-5 petition requires proof of “full-time employment” of
ten U.S. worker
• Requisite employment does not have to have be created at the time of
approval of the I-526 petition
• However, there is great difficulty in getting individual EB-5 petitions
approved based upon business plans showing that the requisite employment
will be created within the two year period before the necessity of filing a
condition removal petition.
6/2/2016Law Office of Prashant Ajmera & Associates

25. How can Ajmera Law help?
• In order for the investor to have conditions removed after the end of the two year
conditional period, USCIS will have to be satisfied that the direct or indirect
employment creation has actually taken place
• Hence, the choice of regional center is a very critical element of an EB-5 petition
• Ajmera law can help you choose a regional center with a track record of
employment creation, thus enhancing the likelihood that the investor will be able to
remove conditions, and become a non-conditional permanent resident
6/2/2016Law Office of Prashant Ajmera & Associates

26. How can Ajmera Law help?
• Our law firm scrutinizes how job creation in the Regional Center project file
is documented and calculated
• We analyze the economic models of job creation methodologies utilized for
determining indirect job creation
• We help our clients choose a regional center with a track record of
employment creation thus enhancing the likelihood that you will, in fact, be
able to remove conditions, and become a non-conditional permanent
resident
6/2/2016Law Office of Prashant Ajmera & Associates

27. How can Ajmera Law help?
• The requirements for the investor to prove the lawful source of his or her
investment funds is the same for individual and regional center EB-5
petitions
• In both cases, the documentation requirements are extensive
• Our law firm assists you to meet the compliance requirements of an EB-5
petition and helps you with the documentation of the source of funds
6/2/2016Law Office of Prashant Ajmera & Associates

28. Quebec Investor Program
Canada
6/2/2016Law Office of Prashant Ajmera & Associates

29. Federal Immigrant Investor and Entrepreneur
Program: History
• The Immigrant Investor Program (IIP) was created with an aim to have
experienced business people contribute to Canada’s growth and long-term
prosperity by investing in Canadian economy
• The investment was guaranteed
• Citizen and Immigration Canada (CIC) would return the funds, without
interest, about five years and three months after payment.
6/2/2016Law Office of Prashant Ajmera & Associates

30. Federal Immigrant Investor and Entrepreneur
Program: History
• On June 19, 2014, applications still in the backlog of the Federal Immigrant
Investor Program and Entrepreneur Program were terminated
• Quebec Investor Immigration program is the Investor program currently
open in Canada
6/2/2016Law Office of Prashant Ajmera & Associates

31. Quebec Investor Program: History
• The Quebec Immigrant Investor Program was established in 1986
• The program is designed to allow business people and their families to enter
the province of Quebec as permanent residents on an unconditional basis
• In return, funding made available through the program helps provide
subsidies in support of small and medium businesses in Quebec
6/2/2016Law Office of Prashant Ajmera & Associates

32. Quebec Investor Program 2015
• The program will re-open from August 31, 2015 to January 29, 2016
• The quota of investors in this program is capped at 1750
• Hence, the Ministère will receive a maximum of 1750 applications under the
Investor Program, including a maximum of 1200 from applicants from
China (including Hong Kong and Macao)
• 550 applications are reserved for the rest of the world
6/2/2016Law Office of Prashant Ajmera & Associates

33. Quebec Investor Program Requirements
• Investors must:
 At least two years of senior managerial experience within the past five years;
 Have a net worth of at least C$1,600,000 (approx. ₹9 crores) that was gained legally;
 Successfully complete a medical and security evaluation; and
 Invest C$800,000 (approx. ₹4.5 crores); or
 If unable to invest C$800,000, then the investor can get a loan. The investor is required
to pay C$220,000 (approx. ₹1.25 crores) as interest upfront for the loan
6/2/2016Law Office of Prashant Ajmera & Associates

34. Advantages of Quebec Investor Program
• Investor’s spouse and children under 19 years of age are granted permanent
residency on the investor’s petition without additional investment
• Investment amount of C$800,000 is secured by the Canadian Government
• There is no English requirement to qualify under this program
• The investment is to be made after the petitioner passes the interview and
after all the due diligence is completed
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35. Processing Time for Quebec Investor Program
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* Processing time in months

36. How can Ajmera Law help?
• Our expert immigration lawyers will help you immigrate to Canada quickly
and easily
• We process and prepare the petition and submit it to the visa office
• We assist in preparation of immigration interview
• Our law firm can help you to apply for citizenship after three year of stay in
Canada
6/2/2016Law Office of Prashant Ajmera & Associates

37. Services Offered by
Ajmera Law
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38. Immigration Services
• We assist clients to immigrate to more that 25 countries around the world
including, but not limited to the following countries:
 United States of America
 Canada
 Australia
 New Zealand
 UAE
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39. 6/2/2016Law Office of Prashant Ajmera & Associates

40. Questions?
Thank you
6/2/2016Law Office of Prashant Ajmera & Associates