Blogs – Usimmigrationadvisor

EB-5 Project Due Diligence in Covid-19 era

By Mark Davies, Global Chairman, D&A While the pandemic was not predictable economic shocks such as the mortgage crisis or just a plain economic downturn are. Without making any comment at all on any specific EB-5 project, it is true that investors need to make sure that proper protections are in place when investing in any project. Many, not all, EB5 projects simply do not have the protections in them that a normal non-EB5 investor would demand. There absolutely are ...

July Visa Bulletin shows India EB-5 Visa Priority Date as “Current”

The State Department has published the July Visa Bulletin, which offers some insight into the waiting times for the EB-5 Immigrant Investor Visa Program. The most notable change in this month's Visa Bulletin is that EB-5 Visa Priority Date for India has become "Current". What this means is that India is no longer in retrogression and EB-5 applicants born in India can progress to the next stage and schedule their visa appointment once they are approved. At first glance this ...
Bankruptcy in India during Covid-19

Insolvency & Bankruptcy in India during Covid-19

Neha Mehta analyses what the Indian government is doing to mitigate the impact of Covid-19 on bankruptcy and insolvency. COVID-19 & INITIAL MEASURES Covid-19 has altered the fabric of the global economy. Worldwide lockdowns, travel restrictions, restraint on international trade and other stringent measures to curb the pandemic, has led to uncertainty around the future of many businesses.With the objective of lending support to struggling businesses, most nations, including India, have introduced fiscal, monetary and protective measures to prevent multiple ...

India Tax Changes on Remittances Delayed to October

Sukanya Raman, Associate in our Mumbai office, analyses changes to India's taxation of remittances. In February, 2020 the Union Budget had proposed the levy of Tax Collected at Source (TCS) on remittances made under the Liberalised Remittance Scheme (LRS) of the Reserve Bank of India. Although, the Scheme was introduced in the year 2004 with a limit of USD 25,000. This is the first time TCS shall be levied at 5% on remittances over and above certain limit. TCS was ...
Bankruptcy in India during Covid-19

India’s Bankruptcy Code: FAQs

Amid a global economic crisis, Neha Mehta answers some frequently asked questions about filing bankruptcy in India. Q1. When is a Corporate Debtor in default? A. “Default” is the non-payment of a whole, or a part, of a Corporate Debt when due and payable. Erosion of net worth is not a default under the Code. Q2. Can a financial institution proceed against a Corporate Debtor under the Code although it may have already taken action under the Securitization and Reconstruction ...
E-2 Visa approved for a Singaporean national during COVID-19

E2 Visa Validity and Authorized Stay in the United States: Know the Difference

Mark I. Davies is the Global Managing Partner and founder of our firm. Mark also Chairs our Global Business and Investor visa team and focuses his practice on EB5, L1, E2 and other business and investor visa solutions. There is significant confusion as to the difference between E-2 investment visa validity and the period of authorized stay in the United States. What an E2 Visa Does? A valid, unexpired, E2 visa gives you the ability to come to the US ...

The President’s Immigration Ban: Update

President Trump has signed the Executive Order temporarily suspending some visa categories for an initial 60 days. This mostly applies to people outside the United States seeking permanent residency / Green Cards, excluding the EB-5 program. The State Department has just issued a clarification stating that the Order is not retroactive and that "no valid visas will be revoked under this proclamation." There are a number of exclusions and exemptions. We recommend you contact us to discuss your specific circumstances. What is NOT included ...

The President’s Immigration Ban: Why you Should Still Apply for a Visa

Duncan Hill is marketing director at Davies & Associates LLC. Duncan is not a lawyer and nothing in this blog constitutes legal advice. President Trump tweeted last night that he would sign an executive order banning immigration to the United States. While it is still unclear how this will play out, it is only likely to be a temporary setback. Anyone hoping to apply for a US visa should continue as normal if their circumstances permit. “In light of the ...
L1 Visa

Post-Coronavirus Paradigm Shift in the Manufacturing Sector

Sukanya is an Associate in our Mumbai India office. She works with our Indian clients on EB-5, L1 and E2 visas coupled with Grenada citizenship. China is considered the world’s manufacturing hub. However, there are reports that we might see a change in that soon. The coronavirus pandemic has made companies from across the world to move their production units out of China. Even before the pandemic, the U.S. - China trade war had triggered many U.S. based companies to ...
L-1 & E2 Visa for US Practice Team

EB-5 Visa Availability Now Determines I-526 Approvals Process

Duncan Hill is marketing director at Davies & Associates LLC. Duncan is not a lawyer and nothing in this blog constitutes legal advice. The United States Citizenship and Immigration Services (USCIS) has changed the way it processes I-526 petitions. Instead of operating the first-come-first-served approach, adjudications are now being determined by visa availability. An I-526 petition is the application for the EB-5 Immigrant Investor Visa. This program offers a relatively straightforward path to a Green Card for families or individuals ...

The Solution to a Stuck EB-5 Visa Application – Filing Writ of Mandamus

The United States Citizenship & Immigration Services (USCIS) has slowed the pace at which it adjudicates I-526 petitions. The I-526 form demonstrates a petitioner’s eligibility for the EB-5 visa and constitutes the first official step in the application process for would-be immigrant investors. The slowdown in adjudications are the result of political, administrative and external factors. They are evidenced in the fact that “priority dates” for countries in visa retrogression are quickly shifting forward. The changes to the priority dates ...

Options for US Business in the Current Economic Downturn

Duncan Hill is marketing director at Davies & Associates LLC. Duncan is not a lawyer and nothing in this blog constitutes legal advice. Businesses across the United States are reeling from the economic impact of the Covid-19 Coronavirus outbreak. Furloughed employees, disrupted supply chain, cancelled purchase orders, nosediving share prices and shuttered premises are all compounding to create an unprecedented challenge. Over the past decade, Davies & Associates has brought hundreds of businesses and entrepreneurs to the United States. Our ...

Why now is a good time to prepare L1/E2 Application

David Cantor is a licensed attorney in the State of New York based in our Florence, Italy office. David oversees Client Relations for Davies & Associates Global Investor and Business Visa Practice. As of March 18, US Citizenship and Immigration Services suspended in-person services until April 1st in order to combat the spread of the Coronavirus (COVID-19). It is highly likely that interviews and other critical Consular services will also be suspended beyond this date – in other words, it ...
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Shift in EB-5 Priority Dates for India and Vietnam

Sukanya is an Associate in our Mumbai India office. She works with our Indian clients on EB-5, L1 and E2 visas coupled with Grenada citizenship. As per the recent update of US Visa Bulletin for the month of April 2020, we see a change in the final action dates for EB-5 preference cases for India and Vietnam. Priority Date means the date when the US Citizenship and Immigration Services - USCIS - receives the petition and form I-526. Each country ...
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Types of Visa That Are Perfect for Entrepreneurs, Investors or Business Owners

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice If you are a business owner or an entrepreneur, then you might have your dreams of launching your business in the US. In order to ...
/ EB-5 Visa, US business immigration