'Be aware of all the guidelines'

'Be aware of all  the guidelines'
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Mark Davies, chairman of a US Immigration law firm, talks about various visa programmes and frauds Indians should be aware of

Is EB5 the only way forward for Indian students studying in the USIJ

With increasing restrictions on the H-visa programme, many Indian students face very limited post-graduation employment prospects in the US. Without securing a green card through the EB5 programme, post-graduation prospects are likely to be limited. While for a limited number of Indian students O, l, training and family-based visas may be options, the circumstances in which these visas are available to graduating Indian students in search of work or US residency would be rare.

What makes EB5 and l visa programmes more superiorIJ

In many circumstances l and EB5-based visas are the only options available to Indian nationals seeking residency or employment in the US. An EB5 visa gives an Indian National the ability to engage in any lawful employment that he may wish to pursue, whereas an l visa permits employment for a specific individual.

How will the investor visa programme contribute towards Make in IndiaIJ

Several of our firm’s Indian clients have established businesses in the US using the EB5 programme where such businesses directly source goods and services from India. On some occasions, these businesses are funded using EB5 investment funds provided by non-Indian nationals. In this way, the EB5 programme fuels demand for Indian goods and services and both support and contribute directly to the Make in India programme.

What attracts high net-worth individuals to a US Green CardIJ

Many high-net-worth individuals gift funds to their children so that their children can pursue post-graduation employment opportunities in the US. Some EB5 investors are looking to establish and operate a business in the United States, which is still by far the world’s largest consumer market. Entrepreneurs of all kinds benefit from what is viewed as the most favorable environment that exists globally for for entrepreneurs. Other EB5 investors are simply looking to embrace US culture, the relatively pollution free environment and US way of life.

What are the financial prospects and possibilities for Indian HNIs from the EB-5 and l visa programmeIJ

The US has the world’s largest consumer market valued at $11,484,340 million. China is second with a consumer market valued at roughly 25 per cent of the total US market size. India’s consumer market is valued at approximately 10 per cent of the size of the US market. Many Indian HNIs seek to directly access this market without having to give valuable margin to agents and middle men. Many Indian HNIs benefit from the favorable investment market in the US and launch successful businesses.

What are some of the things that people should know about EB5IJ

It is the fastest and easiest way for an Indians to obtain the right to permanently reside in and work in the US. There are two types of EB5 visa — the Direct EB5 and the Regional Center EB5. A common misconception is that the investment required for these two programmes is different, under the current law the investment required is identical.  While a qualifying investment of $ 1million is required if a project is not located in a Target Economic Area or rural area, a qualifying investment of $500,000 is required if the project is located in it.

What kind of frauds is one looking atIJ

Unfortunately, some US lawyers and brokers in the Indian market fail to disclose to Indian investors that they also represent, or are otherwise involved with, specific projects or investments. This impair impartiality and renders an advisor unable to properly represent and Indian investor and, where necessary, take appropriate legal action to enforce and investors rights. 

What are the guidelinesIJ

The guidelines and procedures for the different EB categories are completely different and Indians should be aware that while some EB categories do not entail a wait others entail waiting times of many years. Because the guidelines and procedures for each EB category are so precise, different and detailed we strongly urge potential applicants to seek advice from an experienced US immigration lawyer.

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