January 25th, 2012 |
 A recent question we were asked concerned the expiration of the EB5 regional center pilot program in September 2012. The client was concerned that if he chooses a particular regional center program that was slow to fill-up he could risk the project not being fully funded by the end of the program.
This is an important question that raises a number of issues:-
- The EB5 visa regional center pilot program is due to expire in September 2012 unless it is extended or made permanent by the US Congress.
- Currently applications are being processed by The United States Citizenship and Immigration service (USCIS) in a time period that can vary from less than two months to over a year.
- This time period can be longer if an applicant receives a Request for Further Evidence Notice (RFE) by USCIS, particularly if USCIS need more information specifically on the chosen program.
Although there are a number of regional centers currently offering EB5 visa projects they are certainly not all created equally.
Some regional center programs are well proven, have a lengthy 100% track record and have extensive evidence of performance. In certain cases, applications have taken under two months to be approved by USCIS.
Others regional centers struggle to attract investors and raise concerns whether they will attract enough investor funding to be able to fully fund their project. Some of these regional centers need a very high numbers of investors, others only need a small number to fill up.
If a program fails to be funded prior to the expiration of the pilot program and cannot raise enough alternative funding at a difficult time on capital markets, there may be cause for concern that a project may not go ahead which places the EB5 visa investor in a potentially risky situation.
There are a number of reasons that programs can face problems filling their spaces, these include:-
• Their marketing or sales process
• An inherent problem with the project
• Is it simply not an attractive project
For further detailed information on the many EB5 visa regional center programs contact Which EB5 for independent and experienced advice on EB5 visa matters.
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Tags: eb5, eb5 regional center, EB5 visa, Immigration, pilot program, regional center pilot program, request for further evidence, RFE, uscis, Which EB5
Posted in Immigration | No Comments » |
January 24th, 2012 |
 A couple of weeks ago we heard from a particular family who were looking at the EB5 visa as their best method of obtaining permanent residency in the USA. They had a number of questions to ask and during the course of our conversation it became clear they had learnt about a particular EB5 visa program through friends in their home country.
The regional center in question had strong contacts with this particular country but was a new and unproven center with no record of visa approvals. Unproven centers maybe a concern given there is often little statistical information to factor into due diligence considerations.
As first generation immigrants we can understand why sometimes potential immigrants place emphasis on working with people who come from their home country, perhaps on the basis that they have experience of the journey they are planning to take. However, looking at the regional center project this family was considering it became clear that they had not been given all the information necessary to make a judgment.
Apart from having no track record the regional center had other critical issues.
• The project in question may or may not have been a viable business proposition, from an immigration perspective it needed to satisfy certain standards including creating approved jobs. Failure to do so could lead to eventual deportation from the USA.
• The project had an ambiguous exit strategy. This raised questions such as when or indeed if they were likely to see the return of the $500,000 they would need to invest to make their EB5 visa application.
• It is also interesting to compare current processing times between various regional centers. We are aware of one long-established regional center that currently is having applications approved in six weeks where a number of new small and un-established centers are still waiting for their I-526 applications to be approved over a year later!
It could take several years before an EB5 visa holder realizes that they have made a bad decision in their choice of a regional center project.
Assuming an applicant does get approval for the visa it could be at least two years before they become aware of a problem and later find they have not been approved for the all-important I-829 (removal of conditions) petition. (This is required after two years and approval is dependent on the funds being invested in accordance with the original application and the creation of ten jobs as laid out under USCIS requirements)
In some cases it could be even longer, maybe five years, maybe ten years or longer before investors realize they may not see the return of some or all of their $500,000 investment. Bottom line, it is critical to get independent and impartial EB5 visa information when considering this visa.
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Tags: due diligence, eb5, EB5 visa, exit strategy, I-526, I-829, immigrant, immigrants, impartial information, permanent residency, regional center, removal of conditions, track record, USA, uscis, WhichEB5
Posted in Immigration | No Comments » |
January 23rd, 2012 |
 “I’m buying a green card”
Speaking with a potential EB5 visa client recently he made the statement above and followed it up with “I’m prepared to pay $500,000 for a green card”
It still amazes me, maybe it shouldn’t, that in certain countries around the world potential EB5 visa applicants believe that the EB5 visa process is about them buying a green card.
The gentleman I was talking to, the one who made the statements above, was convinced that, whatever his choice of EB5 program, he would never see his $500,000 again.
Let’s spell out the facts: The EB5 program is NOT a “Green Backs for Green Card” program no matter what certain anti-immigration movements would have you believe.
With careful guidance, adequate due-diligence and by making a decision based upon facts, you can and should expect to get your $500,000 back in a definitive time. In addition, you certainly should expect to not only get conditional green card but to have the conditions removed after about two years; meaning you get to keep your green card and are not forced to leave the USA because the regional center project you chose did not create the required number of jobs.
Let’s be clear here; with so many regional center projects fighting to get their hands on your $500,000 you need to be careful. You need to rely on some expertise from outside sources including established, independent EB5 consultants, and an experienced EB5 attorney BUT, you also need to keep a clear head yourself and take responsibility for the final decision about who you are going to trust with your $500,000. Not all EB5 projects are created equal, not all EB5 projects will make sense to you. Expect to go through some level of confusion as you look at project documents.
The EB5 pilot program is a job creation program for the USA. The US government would not have invested so much time and effort recently into making this program a success if it were simply a cash for green cards program. No one can guarantee you anything about the EB5 visa program (guarantees are specifically forbidden in the EB5 program) but I can assure you that the USA government, the ethical EB5 regional center operators and we at Which EB5 all want you to get and keep your green card AND get your $500,000 back within a reasonable time frame.
I am a first generation immigrant to the USA myself; I understand so many of the thoughts and motivations that go through your head once you have made a decision to make the USA your home. I made mistakes, I trusted advice from fellow countrymen (I can explain why that can be a very dangerous thing to do) and I have been through the USCIS immigration process; I can help you and will be glad to talk about things you should be paying attention to as you prepare for and make the move to the USA.
+Stephen Parnell 
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Tags: attorney, due diligence, eb5, EB5 visa, green card, green cards, Immigration, pilot program, regional center, US Government
Posted in Immigration | No Comments » |
January 20th, 2012 |
A few days ago I came across a straight forward question on one of the well-read ex-pat blog sites:
Which do you think is the best EB5 Regional Center?
It is understandable why people use these sites. They believe the answers they get will be genuine and based on honest information and not from somebody with the agenda of selling them something.
However, if they eventually do go ahead down the EB5 visa route they will be committing at least $500,000 and their family will be dependent on the choice of the regional center project for maintaining their permanent resident status. Therefore, it is important they get the right answer to their question and understand why asking such a question on a blog site can be potentially very dangerous.
This is not the first time such a question has been asked on such sites and analysis of some of earlier replies is interesting.
On one particular site one respondent hinted at a particular regional center. This respondent appears genuine and well respected, although it is not possible to verify why he hinted at that particular center. The problem being the center in question has had a number of visa refusals and an occasion where the investors lost all their $500,000! Not the best of advice.
Another respondent based their response on the center they had invested with a few years before. OK, such an answer is at least based on experience. The problem though is that since they invested the economic situation has changed dramatically in America and it would seem unlikely that the investor in question will see the return of their capital for many, many years.
Another respondent happened to be an attorney which gives their answer a certain amount of credence. The problem here is that those reading the blog were unlikely to know that this attorney worked closely with one particular regional center, therefore not exactly an impartial response.
It is vital to know what agenda lies behind any information you are given and the expertise and experience or otherwise of those giving such advice.
For impartial independent advice on the EB5 visa it is worth reading the only published consumer based book on the subject, Green Card via the Red Carpet and contacting Chase Brodsky of Which EB5 for further information on +1-561-771-1330 or via email at: chase@whicheb5.com
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Tags: EB5 visa
Posted in Immigration | No Comments » |
January 19th, 2012 |
 Over the years we have had many discussions with the owners and representatives of EB5 regional centers. Many of the most useful discussions have been at face to face meetings in their offices and at their projects. That way we get to see at firsthand what they are planning, what is happening with their projects and importantly get a feeling for the reality behind their plans.
This knowledge can be very important for many reasons.
Let’s look at just one example of what can happen to a family planning to gain permanent residency in the USA through the EB5 visa.
The potential EB5 visa applicant may contact a number of regional centers and be sent a variety of information, usually some glossy brochures and eventually a very thick detailed business plan / legal agreement.
Usually this information is one sided and positive containing little of the potential negative issues that may arise with a particular project.
The applicant may also seek the advice of a consultant based in their country, often those consultants are actually acting as sales agents for the regional centers and it is unlikely the applicant will receive details on the potential problems with the program.
Finally the applicant will probably consult with an immigration attorney; however, the focus is more likely to be on immigration law and not any potential dangers of the program. It is unlikely the attorney will have ever visited the regional center. Therefore, such applicants may commit their families to moving to the USA on the basis of little or no feedback on the things that may go wrong with their choice of regional center program.
It may not be until they have actually moved to the USA and lived there for two years that they become aware of important problems with the program they have chosen. At that stage there is a need to file a petition (Called an I-829) to have conditions removed from their visa. If no one has previously warned them of the potential dangers of the particular program they may find something has cropped up; by then it may be too late to act resulting in refusal of the I-829 and deportation may be the outcome.
Many issues can go wrong that you need to be made aware of as we realize from the discussions we had over the years with regional center staff.
For a detailed discussion with one of our experts contact EB5 visa experts at Which EB5
+Stephen Parnell
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Tags: EB5 visa, I-829, immigration attorney, regional centers
Posted in Immigration | No Comments » |
January 18th, 2012 |
 There have been a number of articles in recent weeks about the job creation aspects of the EB5 visa program.
The visa can require applicants to invest $500,000 through what are termed regional center programs. Over 200 regional centers have been approved by the United States Citizenship and Immigration Service (USCIS).
In straightforward terms, each $500,000 investment requires the creation of ten jobs; these jobs are generally required to be in what is termed a targeted employment area (TEA).
The accusations relate to whether the jobs in certain programs are actually in true targeted employment areas. If they are not, the EB5 visa applicant could potentially find themselves in some difficulty two years later when it comes time to have conditions removed from their green card, I-829 petition time.
It is believed that USCIS are looking into some of the accusations.
The two year date is important as the permanent residency (green card), if approved, is initially granted on a conditional basis for a two-year period. At the end of that period the applicant applies for an I-829 petition and will need to show that the funds were utilized as agreed and ten jobs meeting the required criteria were created.
The issue of failure to create approved jobs has already seen a number of I-829 denials; this could lead to the eventual deportation of the EB5 visa holders.
This issue does illustrate just how important it is to carry out detailed due diligence before choosing which particular regional center program is right for all your needs. It is simply not safe enough to take at face value assurances that may be given by regional centers. It is too late to find out there is a problem after you have invested and obtained your conditional visa.
If you are planning to move to The USA on the EB5 visa, contact Chase Brodsky of WhichEB5 who will be happy to set-up a free consultation for you. Which EB5 have a 100% success record with EB5 visa immigrants.
+Stephen Parnell
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Tags: due diligence, eb5, EB5 visa, gerrymandering, green cars, I-829, job creation, regional centers, TEA, uscis
Posted in Immigration | No Comments » |
January 17th, 2012 |
 For an increasing number of EB5 immigrant investors their analysis of the critical differences between EB5 Visa programs has meant the difference between the success they dreamt about when they first made their application several years ago and a really devastating experience. Many of these early pioneers have adjusted to life in the USA after permanently relocating their family, they have had conditions removed from the green card and have seen the return of their full $500,000 capital in a specific time frame.
However, a minority of EB5 investors who may have failed to carry out adequate due-diligence, or took poor advice and chose speculative, flawed or higher risk programs, failed to keep their green card or lost some or all of their $500,000 when their chosen EB5 project hit a problem, as a number have.
2012 is likely to see an increase in both these two very different scenarios, an ever-increasing number of families who five years ago obtained their EB5 visas and will now receive their $500,000 returned, and the unfortunate minority who fail to consolidate their visa status with the result that they could face deportation and the loss of some or all of their $500,000.
Worryingly, the largest group are those that have invested over the years, have had the conditions removed, and would like, but are unable to obtain, the return of their $500,000.
Too little attention has been paid to this increasing issue where a clearly defined and specific exit strategy was not laid out when these families committed to EB5 programs several years ago and for a mixture of reasons, including the economic performance of the USA, there is little likelihood for the foreseeable future they will see the return of their capital.
It is important, when comparing between a more speculative and risky EB5 visa program versus a more proven well thought program, to obtain independent impartial advice from specialists who have actually visited and reviewed regional center programs.
For more information on how to obtain independent EB5 visa advice contact Chase Brodsky at Which EB5 via email chase@whicheb5.com or by telephone +1-561-771-1330
+Stephen Parnell
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Tags: EB5 visa, exit strategy, investors, USA
Posted in Immigration | No Comments » |
January 16th, 2012 |
How long does an EB5 I-526 petition take?
Continuing our series on questions about the facts behind the EB5 visa, today we consider a question many applicants feel to be important when looking at regional center options.
Although The United States Citizenship and Immigration service (USCIS) regularly publish guidelines on the processing time for I-526 petitions, there continues to be differences between processing times for different regional center programs.
In the last month we have seen examples of I-526 petitions granted in less than two months for a client of one regional center and another petition for a client from a different center that took over a year. If you have a limited amount of time to get your EB5 visa approval you need to know which regional centers are faster than others.
In many ways this does not surprise us as it has become clear that some regional centers are far more in tune with USCIS guidelines than others as far as their paperwork and business plans which are clearly in line with the latest USCIS requirements.
If you are considering the EB5 visa, and speed of processing is an important issue for you, it is important to keep in mind that some regional center publicity material and some of their sales agents are not being accurate in their claims about processing times for their programs. Claims have been made which are contrary to reality.
Many regional centers make outlandish claims about how long it takes them to get an I-526 approval but very few can actually prove they enjoy consistently fast approvals; ask us for details of these centers so you can enjoy these genuinely fast approvals.
To find out the latest information about the processing times for EB5 visas, and the positive and negative aspects of various regional center programs contact Chase Brodsky at Which EB5
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Tags: eb5, EB5 visa, I-526, regional center, uscis, visa, Which EB5
Posted in Immigration | No Comments » |
January 13th, 2012 |
 Recently I heard a very sad story of a client, not a client of Which EB5 I have to say, who was rejected at the consular processing stage of their EB5 visa application.
Keep in mind that rejection at this stage typically means that your $500,000 is locked-up in your chosen regional center project for at least four years and you will soon see why experienced advice is necessary to avoid this issue.
The consular processing of your EB5 visa application comes after your I-526 is approved by the USCIS and before the US State Department actually issue your EB5 visa. This step is required if you are outside the USA when your petition is filed rather than adjustment of status if you are in the USA on an existing visa.
Many clients ask me questions about the consular interview process as they are, quite naturally, concerned about this “interview process”.
The clients of Which EB5 are fully briefed on what to expect at the consular interview by both myself and expert EB5 attorney Anthony Olson. It is important that when you head into the consular interview that you understand both the purpose and likely content of the questions you will be asked.
I tell my clients that in fact as long as they tell the truth, do not verbally or physically abuse the consulate officer they actually have nothing to worry about.
The story of the client that was rejected at the consular interview, the one I refer to above, (just a reminder that this was NOT a client of Which EB5) was apparently rejected for becoming verbally abusive. Now I don’t know the full details of what happened but you can be sure that this verbal abuse must have been quite extreme for the officer to finally deny the application.
The best general advice I can give to anyone facing the consular interview process is to tell the truth, keep calm and be very well prepared.
Clients of Which EB5 can get all the help they need to attend the consular interview with absolutely no concerns by having a free briefing session with expert EB5 consultants and attorneys.
To request all the EB5 visa information you need contact Which EB5 by email info@whicheb5.com or telephone +1-561-771-1330
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Tags: attorney, consular processing, EB5 Attorney, eb5 consultants, EB5 visa, regional center, USA
Posted in Immigration | No Comments » |
January 12th, 2012 |
 Recently I saw some comments on Linkedin talking about what separates a good EB5 visa project form a bad one (from the perspective of the regional center operator).
This commentary was from an industry insider who goes on to offer some good advice to potential EB5 visa project operators. However, part of the original advice contained the following:
“What is the quality that separates the winners from the losers? Sizzle. Like a bright light on a Hollywood billboard, sizzle sells”.
Sizzle! I thought the subject being discussed was investing in an EB5 regional center project not a steak!
“At the end of the day all things being equal, the investor will choose the project that gives them bragging rights. At a card game, dinner party or mahjong table, the investment that shines the brightest also shines most brightly on its’ investor”. Really?
And I thought that the goal of an EB5 investor was a permanent green card and getting their money back at some defined point in the future. Investing in an EB5 visa with “sizzle” will not be what you want to brag about when your I-829 is rejected and/or you have lost your $500,000.
The trouble is: All things are not equal. The one with the “bragging rights” is the one with the green card and a reasonable chance of getting the $500,000 back.
With over 200 regional centers available to a potential EB5 visa applicant to choose from, some selling sizzle rather than the genuine opportunity for permanent residence in the USA, it becomes almost impossible, without genuine independent help, to separate those who have a goal of getting you invested in their project without any regard for your future from those professional regional center operators with a long-term view of this business and a true wish to see their clients get, and keep, their green card.
Get advice from an experienced EB5 attorney and consultant BEFORE you choose a regional center, it just might save you $500,000
Get started with your EB5 visa research by contacting Which EB5 via email info@whicheb5.com or +1-561-771-1330
+Stephen Parnell
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Tags: eb5, eb5 investor, eb5 regional center, EB5 visa, green card, I-829, WhichEB5
Posted in Immigration | No Comments » |
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