USA EB-5 - CANADA / QUEBEC INVESTOR IMMIGRATION

05/01/2023

Law Office of Prashant Ajmera & Associates

USA & Canada Investor Visa

ProgramThe Road from Investment to Citizenship

05/01/2023Law Office of Prashant Ajmera & Associates

Speakers: Prashant Ajmera, LL.B

• 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


Speakers: Anahita Jagtiani, Esq.

• Licensed to practice law in the US • Member of Pennsylvania Bar Association • Juris Doctor (JD), Pennsylvania State

University • Bachelors in Accounting & Law, Drexel

University


USA Investor Visa Program EB-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


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


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


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


Requirements for EB-5 Visa

• 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


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


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


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


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


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


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


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%


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


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


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


EB-5 Petition Processing


EB-5 Statistics 2014


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)


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


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.


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


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



• 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


Quebec Investor Program Canada


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.


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


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


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


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


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


Processing Time for Quebec Investor Program

* Processing time in months



• 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

05/01/2023

Law Office of Prashant Ajmera & Associates

Services Offered by Ajmera Law


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



Questions?Thank you