This Slideshare presentation provides a comprehensive overview of the US business visa application process. It covers everything you need to know, from eligibility requirements and supporting documentation to interview tips and common mistakes to avoid.
Business Visa and Immigration to USA for Indian citizen and businesses.pdf
1. Expanding Your Business to USA – Business Visa
Speaker:
Prashant Ajmera
Founder, Lawyer & Author
Ajmera Law Group
Planning your child’s foreign education since 1993
Organizer
Ahmedabad Branch
2. 2
Expanding Your Business to USA – Business Visa
1. B1 / B2 Business Visa – Business meetings and Trade shows
2. L1A & B – Intra COMPANY Transfer – Non-Immigrant Visa
3. EB1(c) – Multinational company – M & A – Green card
4. E1 & E2 Visa – Available via third country – Canada, Grenada
5. EB5 – Direct / Stand alone business or Regional Center – GC
6. Opening of Bank Account in USA for Indian Investors &
Businesses and Mortgage for Real Estate
5. Greene card class Total worldwide
quota per year
for Green Card
(140,000)
7% available to
Indian citizens
per year (A)
December 2022 green
card petition approved
and awaiting quota (B)
B/A
EB-1 40000 2800 0 0 year
EB-2 40000 2800 351,436 125 years
EB-3 40000 2800 112,859 40 years
EB-4 10000 700 149 0 year
EB-5 10000 700 89 0 year
EB-1 -Extraordinary Ability - Outstanding professors and researchers
EB-2 - Advanced Degree-Exceptional Ability- National Interest Waiver
EB-3 - Skilled Workers – Professionals - Unskilled Workers (Other Workers)
EB-4 – Religious and other workers
EB-5 – Investor Class – Direct & Regional Center
Why Indian H1 B visa holder will take
135 years for green Card?
AJMERA LAW GROUP | Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com
6. 6
Expanding Your Business to USA – Business Visa
1. B1 / B2 Business Visa – Business meetings and Trade shows
2. L1A & B – Intra COMPANY Transfer – Non-Immigrant Visa
3. EB1(c) – Multinational company – M & A – Green card
4. E1 and E2 Visa – – Available via third country – Canada, Grenada
5. EB5 – Direct / Stand alone business or Regional Center – GC
6. Opening of Bank Account in USA for Indian Investors &
Businesses and Mortgage for Real Estate
7. 1. Temporary Visa
2. Attend or participate in Trade shows, attend conferences
and B2B meetings
3. Must show non immigrant intent (Not likely immigrant)
and purpose of visit
4. Complete online FORM DS 160 with all information & Doc.
5. Can not do job but look for a job and work after change of
status
B1 – Business / B2 Tourist - Non-Immigrant Visa
6. Issued at the discretion of the officers
8. 1. Indian Private Limited company is in operation in India since last three years.
2. Indian company registers a USA Private Limited Company. Indian company owns
majority of share of USA company – Subsidiary – Branch – affiliated company relationship
3. Indian company can start a new business in USA or buy an existing business or
go in to joint venture in USA
4. USA company must rent an office in USA, show his business plan for 12 months to 60 months,
number of people will be hired and how 12 months will be operated and who will finance ?
5. USA company will file a petition in USA I-140 to USCIS to allow USA company to call / transfer one of the
Senior Executive or Manager or Technical person from Indian company to USA to take care of business in USA
USA L1A & B Business Visa – Intra Company Transfer
6. Indian Senior Executive or Manager or Technical person to be transferred must be working for Indian
company in similar or higher position for one year in last three years in India.
7. Petition I -140 to call / transferred is approved by USCIS in USA
-> If executive is in USA on B1 / B2 visa – He must apply for adjustment of status
-> If in India must apply to USA consulate for L1 Visa stamping
8. Spouse and children under 21 can join as a dependent
9. L1 Visa is Non – Immigrant Visa – available for maximum 7 years and can be converted to USA Green card
under EB1 ( c ) & EB5 class of visa – Operation of Indian company continue till green card.
9. 1. Non immigrant Visa
2. Available to citizen of 70 countries
3. Indian citizen may apply for citizenship of another country
4. Must have citizenship and domicile for three years
5. Non-immigrant and can not convert to Green card
E1 & E2 Non-Immigrant Business Visa
6. Not subject to USA taxation
10. 1. Indian Private Limited company is in operation in India since last three years.
2. Indian company registers a USA Private Limited Company. Indian company owns
majority of share of USA company – Subsidiary – Branch – affiliated company relationship
3. Indian company can start a new business in USA or buy an existing business or
go in to joint venture in USA
4. USA company must rent an office in USA, show his business plan for 12 months, number of people will be
hired and how 12 months will be operated and who will finance ? Indian company will finance / make
investment as a parent company
5. USA company will file a petition in USA I -140 to USCIS to allow USA company to call / transfer one of the
senior executive or manager or technical person from Indian company to USA to take care of business in USA
USA EB1 C – Immigrant Business Visa - M & A
6. Indian executive or manager or technical person to be transferred must be working for Indian company in
similar or higher position for one year in last three years in India.
7. Petition to call / transferred is approved by USCIS in USA
If executive is in USA on B1 / B2 visa – He must apply for adjustment of status
If in India must apply to USA consulate for USA Green card
8. Spouse and children under 21 can join as a dependent and receive direct green card
9. EB1 C Immigrant Visa – available for life and after five years can apply for USA citizenship & passport
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USA EB-5 Immigrant Business Visa – Direct Investor
1. Indian Businessman in his personal capacity starts a NEW Business in USA
2. If business is located in any area in USA – he must make investment of US$
1,050,000 & create 10 FULL time jobs
3. If business is located in High unemployment area or Rural area – He must make
investment of US$ 800,000 and create 10 FULL time jobs. Processing 8-12 months.
4. ONLY ONE BUSINESS AND ONE EB5 INVESTOR
5. Ideal if you know business opportunities or have friends and relatives in whose
business you can make investment
6. TYPE OF BUSINESS: LARGE SIZE GAS STATION, FRANCHISE RESTAURANTS, KINDER GARDEN SCHOOL,
FAMILY PLAY ZONE, HOTEL AND MOTELS...
7. SOURCE OF FUNDS: INVESTMENT CAN BE MADE FROM INDIA, INDIA & USA OR USA ONLY AS A GIFT OR
LOAN
8. No need to have government approval for regional center or project approval or SEC compliance
requirement
9. ONLY ONE BUSINESS AND ONE EB5 INVESTOR
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USA EB-5 Immigrant Business Visa - Regional Centre
1. Indian Businessman in his personal capacity starts a NEW Business in USA
2. If business is located in any area in USA – he must make investment of US$
1,050,000 & create 10 FULL time jobs
3. If business is located in High unemployment area or Rural area – He must make
investment of US$ 800,000 and create 10 FULL time jobs. Processing 8-12 months.
4. One can combine SEVERAL AREA IN A CITY AND TAKE USCIS APPROVAL AS REGIONAL CENTRE
5. Must apply to approve project from USCIS
After RC and Project approved by USCIS petition for EB5 – I 526 can be submitted
6. TYPE OF BUSINESS: Any legal business which can meet above requirement
7. SOURCE OF FUNDS: INVESTMENT CAN BE MADE FROM INDIA, INDIA & USA OR USA ONLY AS A GIFT OR
LOAN
8. Under new Rules – Subject to AUDIT, Escrow account, SEC and USCIS annual return -, Foreigner can not
own share in RC – All partners must pass security clearance and many more compliance to secure INVESTORS
9. ONE BUSINESS AND can have several investors
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Opening of Bank Account in USA for
Indian investors & Business
OPENING OF ACCOUNT ON NEED BASIS
1. Investment in Real estate and Agriculture land
2. Investing in Shares, Bonds , ETFs, Mutual funds
3. Opening of Branch office
4. Opening of subsidiary company for L1A&B visa
5. Investing in USA company and acquiring majority shares EB1 (C)
6. Starting a new business for EB5
7. Investing in RC for EB5
14. 14
Opening of Bank Account in USA for
Indian investors & Business
KYC for opening bank account in USA with traditional bank
1. Bank form with Email and Mobile number with Electronic Signature
2. Indian Passport
3. Utility bill of India
4. Business registration documents of USA company , license, office address etc.
5. Security clearance
6. Source of fund
7. No need for personal visit
8. Processing 1-2 weeks
9. Do not need to have any visa of USA
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Mortgage in USA for Indian Citizen
1. Residential or Commercial or Agriculture Real estate
2. Must have B1/B2 visa
3. 25 to 35% down payment
4. Interest rate 8 to 9 %
5. Amortization up to 30 years
6. Closing cost 3%
7. Processing fees 2%
8. Monthly payment
9. Lean on USA property
10. Bank Account in USA