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May 26th, 2011 |
 This can be broken down into the following stages:-
1) I-526 Immigrant investor status. Form I-526 Petition for Alien Entrepreneur is filed with the California Service Center. This petition requests the (United States Citizenship and Immigration service) USCIS to certify the applicant and the investment as eligible for EB-5 visa status.
2) I-485 or Embassy interview. Upon approval of the I-526 petition, (a) if you are in the United States on a non-immigrant visa, your attorney will file for Adjustment of Status by sending form I-485 and supporting documents to the USCIS regional processing center (b) if you live outside the US you must wait for notification from the Embassy in your home country to prepare documents for the visa interview.
3) Conditional Green Card. Upon approval of Step 2, you receive a form evidencing the approval as well as a travel documents. You will also receive the temporary green card in the mail. If you are outside the US you must enter the country within six months of the date of the Embassy approval. Your green card status will be placed in your passport at the port of entry into the USA.
4) I-829 Permanent Residency (Removal of Conditions). After holding your conditional green card for one year and nine months, your attorney will need to file for Removal of Conditions using Form I-829. This procedure enables the USCIS to verify that you have maintained your approved investment for the required two year period and that the project into which you invested has been started and the required ten jobs have been created.
Much more information on the EB5 visa is obtainable in Green Card via the Red Carpet an independent consumer guide to the EB-5 visa process.
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Tags: adjustment of status, alien entrepreneur, application procedure, california service center, eb-5, eb5, green card, Green Card via the Red Carpet, I-485, I-526, I-829, removal of conditions, USA, uscis, visa
Posted in Immigration | No Comments » |
March 31st, 2011 |
 There are many websites that define a Targeted Employment Area (TEA) but unfortunately many fail to explain why a TEA is important if you are considering the EB-5 visa and importantly, what can go wrong.
A TEA is either a rural area or an area that has experienced an unemployment rate at least 150% of the national average unemployment rate.
The concept of the TEA is important because:-
The investment required for the EB-5 visa is $1,000,000 outside a TEA but half that amount $500,000 inside a TEA.
Although the definition of a TEA may seem straightforward it has and continues to be an area of some argument with accusations of gerrymandering regarding whether an area qualifies or not. There can be unfortunate implications if your chosen regional center project got it wrong.
The concept of a TEA is so important to the EB-5 visa process that it has been a subject of a number of questions and debate at the regular stakeholder meetings at the Californian Service Center attended by USCIS Senior staff, regional center staff and attorneys.
In a US economy marked by constant changes in unemployment figures there is no guarantee an area will automatically meet the TEA criteria over time. These changes may have implications on your EB-5 visa which we can explain to you.
As an example, let us say the regional center project you decide on takes a long time to sell the number of places in the program and in that time the TEA the program is in is affected by a change in unemployment ratios. This is a potentially damaging issue we need to cover with you.
Of course, simply because a program is in a TEA is in itself not the only issue you need to consider.
As an example let us say a regional center program is in a rural TEA with a very small population. Although this may seem good news other questions may then apply such as has the program a sound exit strategy, are you likely to get your money back?
When considering the EB-5 visa many points need to be taken into consideration, but it is important that they are not considered in isolation.
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Tags: attorney, california service center, eb-5, gerrymandering, regional center, targeted employment areas, TEA, uscis, visa
Posted in Immigration | No Comments » |
March 23rd, 2011 |
 Each year USCIS hold a number of meetings with what are termed stakeholders in the EB-5 visa industry at their Service Center in California. The USCIS panel includes government officials involved in the EB-5 process and the attendees are mainly Attorneys, Regional Center Officials and Consultants who provide information for potential EB-5 applicants.
The meeting provided a range of useful statistics on the visa and it is clear that both the number of immigrants applying for the EB-5 as well as the number of EB-5 regional centers continues to rapidly increase. We are particularly concerned about the increase in the number of regional centers as it may increase the potential for problems to occur, already one center that signed up a number of investors has been subsequently closed by USCIS.
The meeting also covered a number of complex technicalities including aspects of job creation. The EB-5 program requires each investment to create (or in very specific circumstances save) ten jobs. Behind what seems a straight forward requirement is a whole series of calculations and implications which you should be made aware of before selecting a regional center program.
Another important technical issue relates to the interpretation of a Targeted Employment Area which was also the subject of debate and questioning.
These and other points are important issues simply because if you chose a regional center program that gets such matters wrong you and your family could face potential deportation two years after you enter the USA on green cards. The approach to Regional Center programs in relation to these and other points does vary.
For independent and impartial advice on these and other matters contact Which EB5 using the form on the right of this page.
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Tags: california service center, eb-5, regional center, stakeholders, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
March 21st, 2011 |
 Last week I attended a conference on the EB-5 visa in Las Vegas with several hundred Attorneys from all over the USA. A few days later I was in California for a meeting at the USCIS service center in California where US government officials presented an update on the EB-5 visa and answered questions from the audience who in the main were Immigration Attorneys and officials from the many regional center programs.
These two events were not attended by those of you who are planning to use the EB-5 as their preferred visa to obtain permanent residency in the USA and it would therefore be helpful over the next two days to give you relevant information from these meetings that could help you understand what is happening in the EB-5 world.
It is becoming more and more apparent that those of you who are looking at the EB-5 are finding it difficult to obtain impartial information that can assist you to easily understand the process. For the majority of EB-5 applicants travelling all over the USA to visit over 130 regional centers would not be possible and with a number of immigration attorneys working closely with particular regional centers it may be difficult to obtain totally independent advice.
For impartial and independent information on the EB-5 visa options contact us using the form on the right of this page.
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Tags: attorney, california, california service center, eb-5, immigration attorney, impartial information, las vegas, regional center, USA, visa
Posted in Immigration | No Comments » |
November 30th, 2010 |
Many of our recent clients have been going through consulate interviews over the past few weeks as the final stage of obtaining their EB-5 visa; they will have already received I-526 approval.
This visa operates in a somewhat different way to other visas with the advantage that the first stage, the I-526, will have already been approved at the Californian Service Center.
However, there are still important points that the experienced Attorneys we work with discuss with clients prior to this important interview to make sure the process goes as smoothly as possible. Feedback from many of our previous clients helps to ensure we can pass on important information relating to these interviews to you.
For more information please contact us at: info@whicheb5.com
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Tags: attorney, california service center, consulate, eb-5, I-526, visa
Posted in Immigration | No Comments » |
March 22nd, 2010 |
 This is where all EB-5 Visa applications are adjudicated Last week I had the pleasure of attending a forum hosted at the United States Citizenship and Immigration Service at the California Service Center in Laguna Niguel, California (this is where all EB-5 applications are sent for adjudication). It is a unique location as you can see from the picture, and was well worth the expedition from Florida to be in attendance at this event.
Senior Service Center staff provided an update on the EB-5 visa and there was an informal question and answer session with a panel of EB-5 senior managers, supervisors, and service center counsel. Afterward, members of IIUSA (a professional group representing EB-5 stakeholders) met to discuss the subjects that were tabled at the meeting.
If you are considering the EB-5 visa and would like an update regarding all positive and negative aspects of the various regional center options, including the views put forth by the Government agency that adjudicates EB-5 visa applications, please feel free to contact us for an update and/or discussion.
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Tags: california service center, eb-5, IIUSA, regional center, uscis, visa
Posted in Immigration | No Comments » |
February 25th, 2009 |
There have been a number of families going through the final stages of the EB-5 visa process during the past few weeks and we are of course in regular contact with them at this critical stage – the consulate interview. This can be something of a stomach churning time even for those with nerves of steel and despite the fact that the success rate to date is extremely good.
The EB-5 pilot program investor visa is a somewhat different visa process to many other types of application as the first stage, I-526, will have already been approved by the California service center of the USCIS prior to the consulate interview. However, there are still key points that the immigration attorneys we work with take clients through, prior to their interview to ensure as smooth a process as possible.
An enormous advantage of specializing in EB5 visa relocation’s is that we have experience of taking many families successfully through the journey to obtain the visa, their feedback on the process can be invaluable to you if you are relocating to the States.
Please feel free to contact Andrew Bartlett or Steve Parnell at Which EB5 for personal guidance.
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Tags: california service center, consulate interview, eb-5, I-526, immigration attorneys, pilot program, relocating to the states, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
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