We Love India: Invest in America
-Sudhir Shah, Advocate, Mumbai

The most likely candidates for the next President of USA, Hillary Rhodam Clinton and Obama, both have declared that they love India. This is an encouraging sign for India. India is already shinning with the love of America’s future Presidents; India’s shinning is bound to be still brighter. Readers may however today question the necessity of this column providing information on USA Immigration Laws. They may now question that with dollar going down and India progressing, they do not find any need to travel to USA any more. Some may even say that with Indians residing in USA now returning to India, this column should be assigned to the topic, “How to travel to India and do business there”. They may be right in their own way and it is a fact that today, the entire world is thinking of doing Business in India. But just think this under the US Immigration Laws, if a foreigner invests a million dollar in a US Business for 5 years and provides employment to 10 people in USA, then that foreigner can receive along with his family members, Green Card, which will allow his to stay in US permanently. If the investment in US Business is made in a remote area, its quantum is reduced into half. Just one year ago, one million dollar would amount to 5 crores rupees. Today it is only 4 crore rupees, a net saving of 1 Crore rupees or 20 percent of the amount. Also think that if you make the investment only Rs 2 Crores. In that amount at today’s rate, you cannot buy a decent 1000-1200 Sq. Ft. flat in South Mumbai or the posh locality of Bandra. Hundreds of Chinese and Japanese are making investment in USA business and are availing of Investor Visa. They are also buying real estate in USA. Since not only the weakened dollar put them at an advantage but the property prices in USA today are at low ebb which also gives them advantage. Why can’t we Indians take advantage of this situation? If we are shinning, let us shine more and invest more and buy more property in USA. We must make the hay while the sun is shinning.

Under the Immigration and Nationality Act of USA two categories of visas are provided. Those who want to stay there permanently are required to have Immigrant visa and those who want to travel there for temporary duration need Non Immigrant visa. Immigrant visas can be obtained in 10 different ways. One of them being employment based which is referred to as EB category. EB-5 category speaks of employment based preference category where under it a foreigner invests one million dollar (half a million, if investment is in a designated backward area), in US Business and employs 10 US Citizens or Green Card Holder or persons entitled to legally work in USA full time for the said duration of 5 years, then he along with his spouse and minor unmarried children under the age of 21 years is granted 5 years conditional green card. Upon completion of that period Green Card is made permanent. It takes almost 6 to 12 months to process EB-5 Petition and receive Immigrant Visa. The US Business could be anything and the foreigner need not be a graduate or proficient in English Language.

Look it from another angle, the US Economy today is on a dwindling curve and the proven market theory is that “What goes down soon rises”. US Economy today may be suffering temporary set back but there are no indications that it may not revive. A wise businessman will therefore always think of taking advantage of such situation. Ask any stock broker why people do business when the bull is at the back and bear in the forefront.

With an investment of 1 million or half a million, you can permanently stay in USA and do business there. Those who are thinking of buying a property in India with that much fund should give a considerate thought of obtaining Investors Visa. With the likely future President of America saying “ We Love India” those Indians who would travel to USA, now the Investors visa route are likely to receive favorable treatment in America.