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 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 » |
December 30th, 2011 |
Just a reminder:
My name is Anthony Olson, and I am a lawyer who operates an immigration law practice with offices in Sarasota and Fort Myers, Florida. The following information includes my analysis of certain aspects of the Regional Center program that you should consider in seeking to optimize your chances of success in the United States immigration process. Also included is a discussion detailing the process of applying for permanent residence in the U.S. through the EB-5 Immigrant Investor Pilot Program.
Please understand that any information contained herein do not constitute legal advice, nor investment advice, nor a due diligence report of any kind, and that your receipt of this information does not by itself create an attorney-client relationship.
The importance of conducting your own Due Diligence—This is not a Due Diligence Report
I want to stress that the information presented here is intended to help potential investors understand the basic issues that should be considered in beginning the search for a regional center project, to optimize your chances for success in obtaining full permanent residence in the United States by utilizing the immigrant investor program. As an immigration lawyer, I like to see a “good fit” between immigrant investors and regional centers because good investments enhance and facilitate the success of the overall immigration process. It is important to understand, however, that neither I, nor my law firm, advise our clients to invest – or not invest – their money in any particular investment opportunity, or any regional center. We do, however, recognize that having our immigration clients invested in viable regional centers enables us to assist the investor to remove conditions from his or her immigration status, and thereby to ultimately gain full permanent residence. So, any information we provide about the regional centers is presented with that goal in mind. We discuss and present the business aspects of a particular program solely to help you and your business advisors assess the prospects for success and sustained viability of a particular regional center.
However, in presenting what we feel could be advantages in a particular regional center, we do not endorse or promote the merits of any regional center’s business model, or its job creation methodology, and we make no representations as to whether investing funds in any particular regional center will be viable, profitable, or safe. The potential risk and reward of any investment opportunity is a matter that requires the utmost due diligence on your own part and that of your own business advisors or tax advisors. In this regard it is important that you conduct your own due diligence by retaining a certified public accountant (CPA) to examine all financial aspects of any regional center’s program, and a business attorney to examine all legal aspects of the program. Before you invest in any regional center program, you should understand in great detail how the business model works, whether you will be comfortable with investing in the program, and what your rights and obligations would be if you become an investor and a co-owner in the project.
While we do NOT endorse any specific regional center programs, we do handle and process EB-5 regional center petitions with USCIS. In that role I cooperate with EB-5 regional center program consultants, such as those employed by www.whicheb5.com, and those consultants have a good deal of valuable information regarding many different Regional Centers and they do assist investors in gaining an overview of the nature of various Regional Centers as well as their relative strengths and weaknesses. These consultants provide such information about different regional centers through consultations, and on their website, www.whicheb5.com
Next we will cover: The job creation requirement
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Tags: due diligence, eb-5, immigrant investor, immigration lawyer, pilot program, regional center, uscis, Which EB-5 Posted in Immigration | No Comments » |
December 29th, 2011 |
My name is Anthony Olson, and I am a lawyer who operates an immigration law practice with offices in Sarasota and Fort Myers, Florida. The following information includes my analysis of certain aspects of the Regional Center program that you should consider in seeking to optimize your chances of success in the United States immigration process. Also included is a discussion detailing the process of applying for permanent residence in the U.S. through the EB-5 Immigrant Investor Pilot Program.
Please understand that any information contained herein do not constitute legal advice, nor investment advice, nor a due diligence report of any kind, and that your receipt of, and or use of, this information does not by itself create an attorney-client relationship.
What is a Regional Center? A “regional center” is defined by the United States Citizenship & Immigration Services (USCIS) as “an entity, organization, or agency” that USCIS has approved as a designated Regional Center for the investor pilot program. Under the federal statute authorizing the EB-5 Immigrant Investor Pilot Program, an approved Regional Center can be any public or private economic unit whose purpose is to seek “to promote economic growth through export sales, improved regional productivity, creation of new jobs, and increased domestic capital” as explained within the USCIS website. Each Regional Center focuses specifically on a defined geographic area of the United States, and positively affecting the general welfare and economy of that area by attracting capital investment. Regional centers are typically located in targeted employment areas or rural areas, so as to offer qualification with a $500,000 investment, but there are regional centers in some U.S. locations where a $1,000,000 investment is required in order to qualify. The organization that holds the Regional Center designation generally operates by forming limited partnerships to engage in specific business projects designed to accomplish at least one or more of the above-stated purposes of the EB-5 Pilot Program. Most typically, the focus is on job creation, because that was Congress’ primary purpose in creating the program. The organization also typically serves as the managing general partner for each such limited partnership, while the investors are limited partners.
Tomorrow we will cover: The importance of conducting your own Due Diligence
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Tags: due diligence, eb-5, EB-5 Visa, immigrant investor, immigration law, pilot program, regional center, uscis Posted in Immigration | No Comments » |
December 28th, 2011 |
Over the next seven days we will publish, in daily segments, an open letter from an experienced EB-5 Visa Attorney.
Subjects covered will include:
If you are considering using the EB-5 visa program in 2012 you should not miss any of this information.
Coming up tomorrow: What is a Regional Center?
+Stephen Parnell
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Tags: 2012, attorney, due diligence, eb-5, EB-5 Visa, exit strategy, immigrant investor, job creation, pilot program, regional center Posted in Immigration | No Comments » |
November 18th, 2011 |
The US is one of the best countries to invest in. It is a highly successful country with a dynamic and deregulated market. The country has always had a reputation for having plenty of opportunity for a smart investor, and that holds true today.
Investors can find a lot of variety and options in the US. Fortunes can be made here, and while some may be wary after the housing market fell through a couple of years ago, the economy is recovering well. However, the US market is very competitive. This is because everyone knows that there is money to be made here. But don’t let this scare you. Just always remember these simple reminders:
1) Double Check Everything
Just because you’re familiar with US culture via the movies and TV shows, it doesn’t mean you know everything about it. One of the biggest difficulties with foreign investors is adjusting to a different economic culture and a different set of rules. An opportunistic financial planner or broker could easily prey on your naïveté and victimize you. So never take anything at face value and check everything anyone says to you about investments.
2) Do your Due Diligence
Make sure you know exactly what you’re investing in. Research on the business or financial product, the location (states can have different laws on foreign investors), and all the important people you will be dealing with.
Even with a financial adviser you still need to know what you’re getting into. If you see some red flags like bad feedback from the other clients, or shady progress on a project, you need to pull the plug.
3) Follow the Rules
Even with a deregulated market, the US still has certain laws on the financial sector. You need to check if what you’re doing is legal, even after your financial adviser has assured you that it is. The rules vary on different financial products, different states, and different foreign investors. Remember, ignorance does not excuse you from breaking the law.
4) Don’t Do Too Much
A lot of people are tempted to go wild when investing in the US. But this can be too much, too soon. Temper your eagerness with research and learning. If you’re a first time investor in the US, you need to learn before you invest all your life savings. Remember that the US market is still very different from others, so you need to be smart about making and managing your investments.
Another thing you need to remember when investing in the US is that there are so many options available out there, some of which can present you with a wonderful opportunity… like the EB5 investor visa program.
With the EB5 program, you can invest in the US and earn visas or green cards for you and your family. Visit the WhichEB5 website to get more help.
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Tags: due diligence, eb5, financial advisor, investing, investor visa, Which EB-5 Posted in Immigration | No Comments » |
November 8th, 2011 |
Sometimes we are contacted by potential immigrants who have decided to make an EB-5 visa application for permanent residence in the USA. However, there is one significant problem with the enquiries we receive from certain clients; they have already selected a regional center program and committed their $500,000 to a project.
While it is very important to carry out a detailed investigation through due diligence, to make sure all the detailed information is available upon which to select the most appropriate regional center program, it is crucial to do this before making an application, not afterwards!
It would seem that a number of EB-5 clients only do limited research before attending a sales presentation by a regional center, attorney or selling agent. They then get caught up in the sales hype put out at the presentation, signing up either at the presentation or shortly afterwards without carrying out thorough, detailed, independent research.
It is generally too late to undertake due diligence after an applicant has started the submission process to USCIS. This is particularly unfortunate if they have selected a program which, despite the claims made in its sales material, has some serious flaws which could lead to some significant problems at a later stage, such as refusal of the I-829 petition (a potential reason for deportation) or a flawed program and loss of some or all of their $500,000 capital.
To receive the latest independent information on the EB-5 visa contact Which EB5
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Tags: due diligence, EB-5 clients, EB-5 Visa, I-829, research, too late, uscis, Which EB-5 Posted in Immigration | No Comments » |
November 3rd, 2011 |
Andrew Bartlett, one of the Senior Partners of Which EB5 and joint author of Green Card via the Red Carpet, will be carrying out a number of one to one consultations in November and December in The United Kingdom, France, Belgium, The Netherlands and Germany.
Andrew has made extensive visits to a number of regional center programs throughout the USA and Which EB5 have a 100% success record with over 250 clients throughout the world who have obtained their EB5 visa.
Many of you who are considering permanent relocation to The USA on the EB5 visa may have a number of questions and concerns or wish to know about the experience of other applicants and the issues you need to be wary of.
The importance of doing in-depth due diligence cannot be under estimated.
If you would like to schedule a one-on-one consultation with Andrew, or a telephone consultation, please request via email to: info@WhichEB5.com
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Tags: andrew bartlett, due diligence, EB-5 Visa, eb5, free consultation, Green Card via the Red Carpet, regional center, USA, Which EB-5 Posted in Immigration | No Comments » |
November 2nd, 2011 |
It seems that hardly a day goes by without the announcement of yet another regional center program that has been approved by The United States Citizenship and Immigration Service (USCIS). With the number of approved centers likely to head any day beyond the 200 figure some may feel that choice is a good thing, after all choice is very much the American way.
Although the choice certainly offers many options for the prospective EB-5 applicant it also raises some potential problems. The EB-5 is after all a visa requiring longer term considerations such as:-
• Will the all-important ten jobs be created?
• Will I get my I-829 or face potential deportation after living in the USA for two years?
• Will I get my $500,000 back?
New regional centers cannot refer to a measurable track record on any of the above issues and are not able to be easily compared against programs from existing regional centers. However, not all the established regional centers have been trouble-free either. One of the longest established and largest regional center programs has had refusals at the I-829 stage and has a long-standing request for further evidence (RFE) on one of its more recent programs.
There are regional centers that have an excellent track record and newer ones that maybe worthwhile prospects, the importance of doing in-depth due diligence cannot be under estimated.
Many who are starting the EB-5 process to achieve permanent residency status in the USA (green cards) have found it useful to begin their research by reading the only published consumer guide on the EB-5 visa pilot program Green Card via the Red Carpet.
WhichEB5 has a 100% track record in assisting applicants from all over the world in obtaining an EB-5 visa.
To receive the latest independent information on the EB-5 contact info@WhichEB5.com
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Tags: due diligence, eb-5, green card, I-829, regional center, removal of conditions, USA, uscis, visa Posted in Immigration | No Comments » |
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