How to avoid problems with your EB5 Visa

There are a number of reasons why it is important to seek independent advice before taking at the first hand all the claims relating to the programs.

There are a number of areas potential EB5 investors need to be aware of from legal, investment and practical perspectives that are not readily apparent from the various program details.

Some applicants have focused on the investment potential at the expense of the visa implications of the various schemes which may cause them certain problems when it is too late.

One of the criteria for the conditions to be removed after two years relates to job creation meeting the required criteria for the EB5. However good the return on investment may be, if a particular project fails to create the required number of jobs there is the real risk that the conditional visa could be revoked. It is evident from site visits to the programs that there are certain points applicants are not being made fully aware of prior to investment. It is interesting to note that investors from particular countries have focused on schemes which monitor closely employment criteria.

Another problem is that visa applicants may have little opportunity to verify all the information they are given, in some very convincing brochures and documents. There are significant implications relating to key political considerations behind individual programs, that may not become evident until the times comes for the conditions to be removed.

Dangers of Information

A key point to be wary off is that all too often brochures and programs focus naturally enough on the positives but it is important to obtain an independent perspective to ascertain the negatives as implications can be far reaching but not readily apparent, and don't expect the regional centers to verify points if you do not know what questions to ask!

Few Attorneys specialize in the EB5 and many have not visited all the schemes, some work closely with particular schemes.

Web sites and brochures tend to emphasize the pros rather than the cons.

Some self help web sites aim to be useful but can end being potentially dangerous. One self help blog side has over 20 pages of opinions contributed by those looking at the EB5 or who have does some research. but the correspondence fails to identify fundamental points which in specific circumstances could cause problems.