May 17th, 2012 |
Difficulty/Challenge with EB5 Visa Case
 Continuing our series of EB5 visa client questions we recently had a lady pose a question:
“What are some of the difficulties and/or challenges I might face with my EB5 visa case?”
Many personally specific challenges are possible with EB5 visa case. Some of the more general challenges are:
Each of these topics are infinitely expandable depending upon your level of experience, your understanding of the English language and perhaps most importantly, the experience, professionalism and integrity of your EB5 visa consultant and attorney. We recently highlighted just an example of what can go wrong if you choose the wrong adviser(s) – See Which EB5 visa blog here
Once you have decided that the EB5 visa is your route to permanent residence in the USA you would be well served to follow a step-by-step path during your entire EB5 visa application process.
An outline of the required steps to obtain an EB5 visa would go something like this:
- Make sure you qualify for an EB5 visa
- Decide which type of regional center project is right for you
- Get detailed information on the EB5 visa project(s) that interest you
- Cover your choice (short list) of regional center projects during an in-depth consultation
- Instruct expert EB5 visa attorney to act for you
- Fund your chosen regional center escrow account
- Work with your EB5 visa attorney on obtaining the require documentation
- Attorney to file I-526 petition
- Attorney files for Adjustment-of-Status or Consular processing (once your I-526 petition is approved)
- You become a Legal Permanent Resident (approximately 5‐months later)
- You receive your “Green Card” (Approximately 1‐month later)
- You Attorney files an I‐829 petition to remove conditions from your green card (Approximately 21‐months after becoming LPR)
- You receive I‐829 approval your conditions are removed and your status as a LPR is made permanent (Approximately 6‐months later)
- 5‐Years after becoming a Legal Permanent Resident apply for U.S. Citizenship (if desired)
If you would like a fully descriptive step-by-step checklist please request it via email here. If you have not yet registered for EB5 visa information from Which EB5 please do so here.
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Tags: consular interview, consular processing, EB5 visa, green card, I-526, legal permanent resident, regional center, removal of conditions
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 15th, 2012 |
EB5 Visa Approval (I-526 Stage) in 14 Working Days
 Yesterday we shared with you that we had the opportunity to help an EB5 visa client who subsequently received his I-526 petition approval in 14 working days. Today we are posting a copy of the I-526 approval notice. You can click on the link below to see a full size copy. The clients name has been redacted to protect his identity.
Here is the I-526 approval obtained in 14 days:
EB5 Visa – I-526 Approval in 14 Days
Obviously we are very proud to be of help to all potential EB5 visa clients. In this case we are very pleased that the client enjoyed a very fast approval as he (the client) had endured some very trying experiences with a particular EB5 visa consultant/attorney and very nearly did not make the cut-off date for including his son in his EB5 petition.
Among the complaints this client has shared with us that he alleges against his previous EB5 consultant/attorney are:
“Neglecting and delaying the processing of my immigration petition, in spite of my repeated warnings to him about my son quickly approaching the age of 21, which would make him ineligible for permanent residence under my case, after I had emphasized many times, before and after retaining him, the importance to me of including my oldest son in my immigration process with the rest of the family.”
“Violating the confidentiality of my personal and financial information and of my stated preferences and plans to third parties for them to use against me.”
This is not the first time we have seen an EB5 visa client suffer mishandling by either inexperienced or down right dangerous EB5 consultants/attorneys. As we get more information and/or feedback from this client we will keep our blog readers updated on this important case. If you would like to discuss your EB5 visa needs with EB5 visa specialists we would be happy to arrange a free EB5 visa consultation.
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Tags: attorney, complaints, consultant, eb5 consultant, EB5 petition, EB5 visa, I-526, visa approval
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 14th, 2012 |
EB5 Visa Consultants and Attorneys – Important Decision
 Recently we had the pleasure of informing a client that his family’s I-526 petition had been approved in only 14 working days. The gentleman was very happy for a number of reasons, including:-
- His son who was due to age out (reach 21) in the near future which would have made him ineligible to be included on the family’s visa application.
- He had overcome the nightmare of problems he was suffering due to experiences with his previous EB5 visa consultant/attorney.
The story told to us by this gentleman should be a timely warning to those of you currently considering the EB5 visa and looking to find a suitable consultant and attorney for advice.
The gentleman concerned had originally come across an advert put out by an EB5 visa consultant company headed by an attorney and been impressed by their website. He consulted the company and emphasized he required good and timely advice as his son would soon be turning 21, therefore it was imperative advice was given efficiently and an application filed promptly.
Fairly quickly he realized that the information he was being given by the consultant was inaccurate.
Given the gentleman had emphasized the importance of the quickest possible application and the lowest possible risk he was shocked to discover he was being led to what he thought were totally unsuitable programs. Given his timing priorities he was also shocked to discover this company’s attorney, who also happened to be the company’s consultant, was unavailable to file the petition in a timely manner.
When the gentleman approached us for help he was understandably anxious that he would not be able to obtain an EB5 visa for his family in time i.e. before his son turned 21. Fortunately we were able to provide him with a detailed briefing and put him in touch with a very experienced independent EB5 visa attorney with a 100% track record of EB5 visa petition filings.
The result an approved I-526 petition granted without complication in 14 days.
All of this as well as a number of other stories we have come across over the years show the importance of selecting independent and experienced EB5 visa consultants when looking at the positives and negatives of different regional center programs.
We have the full details and evidence behind this story including dates and details of the petition granted.
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| Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 10th, 2012 |
Choice of EB5 Visa Project
 Just how would you choose the right EB5 visa project?
During our history of working with EB5 visa clients we have seen and heard of many, shall we say, personal ways our clients choose the right regional center project for themselves. Just recently we have been looking at some of the criteria EB5 visa clients use when deciding which EB5 project is best for them. Among the criteria were the following which we feel warrant further investigation:
- I can exit at any time if needed
- Investment strategy for the fund is diverse, its not just one project
- I get investment dividend up to 5%
- I get a lawyer at a discounted rate
Let’s start with number 4 – Getting a lawyer for a discounted rate. Basically what is happening here is that the lawyer who has been working with the regional center in obtaining their regional center and/or project approval from the USCIS is looking to provide you, the EB5 visa applicant, with legal services. Let’s think about this for a minute…..OK, so the lawyer who has been working with the regional center for what may be one or two years, and of course has been/is receiving/received quite a substantial income from the regional center, is now going to put you, the EB5 applicant(s) interests first and foremost in representing you. Lawyers in the USA do generally adhere to a strict code-of-conduct and owe you, the EB5 visa applicant, a certain level of responsibility. However, would you feel entirely comfortable working with a lawyer who has a long and rewarding relationship with a regional center or one that is totally independent of any regional center project and/or it’s principals? – Your choice!
Number 3 – I get a dividend up to 5%. The EB5 visa program is, or at least is designed to be, first and foremost, a job creation program and thus, typically, capital raised in the EB5 marketplace (yes, that’s what it is, a marketplace) is employed to create jobs at a below market rate. Now, is 5% impossible as a return in the EB5 visa world? No, it’s not impossible but somewhere along the line an end user of your funds, your $500,000, is paying at or near market rate if you are to receive a 5% dividend; it’s just simple economics. In addition, you should of course look carefully at the wording “up to”.
Number 2 – It’s not just one project, it’s diverse. This is a fund based EB5 project judging by this description. Regular readers of our blog are probably aware that we have had concerns about the ability of fund based projects to accurately document their job creation numbers when it comes time for you to apply for removal of conditions, your I-829 petition, and make your green card permanent. In light of the recent publicity of “Tenant Occupancy” issues brought about by the apparent added scrutiny by the USCIS it would be well worth a little extra time spent investigating exactly, and I do mean exactly, how a fund based regional center project is going to prove job creation specific enough to meet the heightened attention. In many cases proving adequate job creation is hard enough in and of itself, if/when you add a fund based job creation model you must ask your self if you are totally satisfied with the job creation numbers and how they were generated and will be proven. They may be perfectly adequate but you should make sure before you commit.
Number 1 – I can exit at any time. Really! First of all, logistics tell us otherwise. By the time your funds have been deployed into an EB5 visa project, your adjustment of status or consular processing has taken place, you have filed for your removal of conditions and gotten that petition adjudicated, you are looking, typically at around 3-4 years and this is the earliest you could even request a return of funds. Even in a fund based project you will need to find a buyer for your position and that of course is unlikely to happen overnight. In short, if anyone tells you its possible to get your funds back at any time ask them how exactly and then confirm that “how” with an independent source experienced in these matters.
Choice of EB5 visa project is not something you can take lightly. We often hear of clients making a decision based solely on geographic location of a project (which is such a misplaced perception) when in fact you can live anywhere in the USA on an EB5 visa and you certainly do not need to chose your regional center project based upon where you want to live. The above criteria for choosing an EB5 project are an unusual combination and we felt that sharing them with you might give you some further guidance in helping you chose the right project for you. As always, if you would like to set-up a one-on-one, personal consultation with EB5 visa specialist consultants and/or attorneys, please let us know via email or phone on +1-561-771-1330.
Request EB5 visa information
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Tags: adjustment of status, consular processing, consultant, consultants, eb5, EB5 Attorney, eb5 consultant, eb5 experts, eb5 regional center, EB5 visa, green card, I-829, investment, project, regional center, removal of conditions, Tenant Occupancy
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 9th, 2012 |
EB-5 Visa Pilot Program Extension
 Continuing from yesterday’s blog I said I would share my personal thoughts on the future of the EB-5 visa pilot program which, as you may know, is scheduled to sunset on September 30 2012.
I would say again that these are simply my personal thoughts and musings about the program and you should definitely NOT take any action with regard to your own personal choice as to whether you should or should not seek a place in an EB-5 visa program at this time without extensive dialogue with EB-5 visa expert consultants and attorneys.
My personal view is that the program is not going away. Will it come down to the wire i.e. September 29 before we see a definite answer? Probably. Why? Because this is the way the US government system works. Each side, and I would say at this point that the EB-5 visa pilot program does has bi-partisan support, will use their relative bargaining position to secure as much benefit as possible from the other side before agreeing to any extension or permanence to the EB-5 visa program in it’s current form.
One question that has been raised multiple times is “Will the threshold be raised to $1,000,000 from $500,000?” – I don’t think so and here’s why. If currently each $500,000 invested in an EB-5 visa program in a Targeted Employment Area (TEA) has to create 10 full time qualifying jobs then raising the level required to $1,000,000 will still only create those same 10 jobs. Who would benefit from such a move? – Although as you can see, I have adopted a little logic in this theory and of course our government (no matter which party is in control) do not necessarily adopt logic in the same way, so who really knows their intentions here.
The EB-5 visa pilot program is a “Job Creation” program first and foremost so I do believe my logic will win through.
As we head into the summer months and the September 30 deadline approaches, your decision as to should you take advantage of the existing EB-5 visa program or wait for the unknown of post September 30 becomes an ever more important question.
If you would like to get a truly personal perspective, taking into account your own family and financial situation, please let me know and I will be happy to speak with you and share the experience of having come through two previous EB-5 visa sunset dates unscathed.
Please call Chase Brodsky via email or telephone (+1-561-771-1330) to set-up a one-on-one consultation for you via phone, video or in person at our office in Florida.
If you have not already registered for all the latest EB-5 visa information you can do that here.
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Tags: attorney, consultant, EB-5 Visa, September 30 2012, targeted employment area, US Government
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 8th, 2012 |
EB5 Visa Applicants Question Sunset Provision
 Having recently returned from a whistle stop European tour meeting EB5 visa applicants, and now back at my office in South Florida, the hot topic of conversation among most of the EB5 clients I have met is “What is going to happen to the EB5 pilot program in September?”
As many of our blog readers already know, the EB5 visa pilot program is due to sunset on September 30 2012. Regular readers of this blog will recall we were facing the same question(s) three years ago when the program was facing the same fate.
Lessons from previous sunset dates can give us an indication of what is going to happen in the run-up to September 30th.
So, what do we know, what is rumored and what do you need to take into account if you are currently considering the EB5 visa program?
Firstly we are being told by multiple sources that the USCIS, as they have done in the past, will be ramping-up processing of I-526 petitions in the very near future. This measure is designed to push as many I-526 petitions through the system in preparation for the September cut-off date. In effect, one could reasonably assume that if your I-526 petition has already been filed or can be filed in the next 6-8 weeks you COULD, based on previous experience, be able to get your petition adjudicated prior to the September 30 deadline (always assuming you need to in that an extension or permanence to the program has not been announced previously).
Second point to think about is “Are you ready to proceed now or should you wait until after the September 30 deadline?” This is a question that needs careful thought and some particularly selective advice from a team of experts including an EB5 visa consultant, an expert, experienced EB5 visa attorney and, and this is a very important element, a discussion with a senior representative of the regional center you feel is the right choice for you.
Deciding to proceed now, even in light of the September deadline, maybe in your best interest, on the other hand, depending upon your personal circumstances it may not. There are risks to both paths of action so only after fairly extensive question and answer sessions with your expert EB5 visa team should you even attempt to answer that question.
Many of the potential EB5 visa applicants I have met with over the last three weeks have asked for my personal thoughts as to what will happen with the EB5 program, will the $500,000 threshold be raised, will the program continue as-is and many similar questions.
My personal thoughts, and these are simply that, my personal thoughts, so please do not decide on a course of action based upon these them!
I do not think the EB5 pilot program is going away…………I will continue with my thoughts in a subsequent blog so please make sure you do not miss it. In the meantime if you would like a personal consultation with an EB5 visa consultant or attorney please simply request it hear or email us with your question(s).
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Tags: EB5 program, EB5 visa, I-526, regional center, September 30 2012, visa consultant
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 4th, 2012 |
EB5 Visa applicants mistakes
 This is a topic we have covered a number of times over the past years but recent communication with a new client indicates it is worth highlighting certain points again for the benefit of potential immigrants currently looking at the EB5 visa.
The EB5 visa can require a $500,000 investment in a regional center program that has been authorized by the United States Citizenship and Immigration service (USCIS). Although USCIS authorize such programs they certainly do not provide advice as to whether they are likely to be good or bad.
As there are approximately 200 or so regional centers authorized to offer EB5 visa programs by USCIS, there would seem to be plenty of choice for those of you looking at the EB5 visa as your best route to gaining permanent residence in the USA.
Many of these regional center programs are heavily promoted throughout the world and as is so often the case in the world of sales promotion and marketing not everything is as it appears and sometimes the promises made fail to match or even come close to reality.
We recently heard from a new client who was under time pressure to make an EB5 visa application as soon as possible, but he had become confused with the advice he had been receiving from an EB5 consultant company headed by an attorney. It had become clear to the client that this particular EB5 visa consultancy company was in fact working closely with a few regional centers, all of which it seemed to him had important downsides.
A number of these regional centers made what Americans would term “a great sales pitch” but the claims and promises were not matched by facts or statistics. As we have said many times the EB5 visa is not a straightforward decision, in that if you select the wrong regional center program you lose not only some or all of your $500,000 capital but also face potential deportation from the USA.
The paradox is that is perfectly possible to at least minimize your risk(s) by carrying out an appropriate level of due-diligence when selecting a regional center program. Statistics on the level of I-526 and I-829 approvals can be helpful along with details of which centers have, and which have not, returned previous clients funds.
Contact specialist, independent EB5 visa consultants and attorneys at Which EB5 for free consultation.
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Tags: eb5 consultant, free consultation, I-526, I-829, permanent residence, regional centers, visa consultant
Posted in Immigration | No Comments yet, your thoughts are welcome » |
May 1st, 2012 |
Background and Experience of EB-5 Visa Applicants
 Many potential immigrants considering the EB-5 visa to the USA require the best possible information from an experienced and independent source when deciding on the relative advantages and disadvantages of the various EB-5 visa programs.
One important source of information that can be extremely useful, in appropriate situations, is the background and experience of the previous EB-5 visa applicants in the different regional center programs.
By way of illustration, it is useful to look at two examples, one where the EB-5 investors experience could be extremely useful to your due-diligence process and one where the experience may be of limited use.
In example one the regional center has been operating for a number of years and has an extensive track record of I-526 and I-829 approvals, it may also have a record of repaying its earlier clients investments.
There may have been several hundred clients in EB-5 visa projects through this regional center, they will have come from many different countries throughout the world, and a number of them will speak and understand English. A significant number of these clients may already reside in the USA although on a non-permanent visa and be working in higher-level jobs in the legal, corporate, financial field etc.
As a result of their background and experience they will often be carrying out probing due-diligence on a number of EB-5 visa program options and in many cases will be asking searching questions relating to the probity, experience and likely prognosis for the EB-5 visa project they have chosen.
In example two, the second EB-5 visa regional center has been operating for a lesser number of years but still has an extensive track record of I-526 approvals, although it may have far fewer, or indeed at this stage, no I-829 approvals.
There may also have been several hundred clients for this regional center, however, the overwhelming number will have come from one country and relatively few will speak or understand English. Very few will currently already reside in the USA. The vast majority will have learnt about the EB-5 visa from sales agents in their country and any questions they may have will probably have been answered by those same sales agents.
Although these clients may well be successful business people in their home country, their knowledge of business practices and opportunities in the USA may be very limited. They are not in a position to ask in-depth searching questions directly to the regional center and instead are somewhat reliant on the responses from the sales agents they are working with.
It can be seen from these two examples that the client profile of different EB-5 visa programs can be remarkably different and sometimes those differences can lead to one regional center being critically investigated by multiple numbers of experienced applicants, some of whom will be asking searching questions before making a choice, whereas another project may have been subject to very little examination.
This is just one of the considerations that Which EB5 consider when looking at positive and negative aspects of EB-5 visa programs. For further free information on the EB-5 visa and the various regional centers as well as discussions with experienced EB-5 immigration attorneys, accountants, financial and investment advisors you can contact Which EB5 visa email, telephone +1-561-771-1330 or request full EB-5 visa information here.
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Tags: EB-5 Visa, EB5 visa, I-526, I-829, immigration attorney, immigration attorneys, regional center, regional centers
Posted in Immigration | No Comments yet, your thoughts are welcome » |
April 30th, 2012 |
EB5 Visa Websites
 Something of a new phenomenon is appearing in the EB5 visa world.
Lately we have been hearing about clients who have been looking at EB5 regional center websites and making comments to us about them; an interesting pattern is emerging.
What we are seeing after investigating comments and feedback from potential EB5 visa clients is that quite often regional centers who are considered to be successful (i.e. they are filling their projects without delay) are not keeping their websites up to date and thus we get feedback at Which EB5 that, at times, can be quite negative simply because the regional center website is out-of-date.
On the other hand, at times we hear about a great regional center website offering lots of information that appears, at least to the potential EB5 visa client, to be unbiased and up-to-date. Sometimes, upon further investigation, the so called facts are completely fabricated.
Perhaps even worse than the above examples is when we see an EB5 visa website that, on the face of it, is representing an independent EB5 consultancy only to find out that the website is actually an EB5 regional center in disguise.
What is completely out-of-order is a) an EB5 regional center masquerading as an independent consultant and b) a regional center website presenting information that is factually incorrect.
I would love to give you the ultimate solution to this problem but one does not exist. What you must do when seeking information on the EB5 visa program online or elsewhere is make sure you know who is giving you the information, what their motivations are and then check the facts!
How do you check the facts?
Once you have researched to a sufficient degree (only you can decode what a sufficient degree of information is) you want to ask the source of that information for third-party introductions that can substantiate the information you have. The best way to do this, in our opinion, is to ask for introductions (at least two, possibly three) to INDEPENDENT specialist EB5 attorney(s). Make sure that the attorney(s) are NOT working in partnership with the regional center(s) you are considering.
If you would like to be introduced to specialist, independent, EB5 visa attorney(s) please contact Which EB5. We feel it is in every EB5 visa applicants interest to ensure they receive the level of professional advice needed from all the disciplines that you may require. Be that legal, business, accountancy and/or investment.
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Tags: advice, EB5 Attorney, eb5 regional center, EB5 visa, independent consultant, investment, regional center, regional centers, unbiased
Posted in Immigration | No Comments yet, your thoughts are welcome » |
April 26th, 2012 |
EB5 Visa – Visiting Regional Centers
 One of the most common questions I have been asked this last week during my one-on-one meetings with potential EB5 visa clients has been “do I need to visit regional centers prior to choosing the right one for me”?
This last week in London meeting with potential EB5 visa clients from really all over Europe I have been faced with, among many other questions, that recurring questions of should a potential EB5 visa client be visiting a short list of EB5 visa regional centers before choosing the right one for them.
Just this last week I have met with potential EB5 visa clients from:
- England
- Ireland
- France
- Italy
- Russia
- South Africa
The one question that surfaced again during these meetings centers around whether EB5 visa clients should visit regional centers in their quest to find the right one for them.
As regular readers of our blog will be aware we have covered this subject many times in the past and the question of visiting regional centers really is a personal choice.
In reality only about 10-15% of EB5 visa clients actually see the project they finally chose. My personal feeling is that I would always want to see what I am trusting my $500,000 capital too.
When you are many thousands of miles away and looking at potential EB5 regional center projects, perhaps on either sides of the USA, it can be a practical challenge to make this happen.
To arrange visits to potential EB5 visa projects you may want to request an official invitation to facilitate the issue of a non-immigrant visa to make your visit a little easier.
The whole question of should or shouldn’t you visit these regional centers should be considered an additional criteria rather than the only one. You need to consider the real purpose of your visit and the type of visit you can logistically expect to take place.
For input on this important issue and assistance with arrangements and considerations for a visit please make sure you speak to a suitably qualified EB5 attorney and consultant who will be happy to advise you on the many considerations you will want to take into account.
Contact the EB5 visa specialists at Which EB5 for guidance and help in arranging a visit.
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Tags: EB5 Attorney, eb5 regional center, EB5 visa, immigrant visa, regional center, regional centers, visa
Posted in Immigration | No Comments yet, your thoughts are welcome » |
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