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EB-5 Visa Applicant Gets Wrong Information from U.S. Consulate
December 8th, 2011

U.S. Consulate - EB5 Visa QuestionSometimes when we are consulting with potential clients they tell us of rumors or stories they have heard on been told about the rules of the EB-5 visa program. Just recently a client told us of a disturbing piece of news they had received, not from an unauthorized source, but from an American Consulate office. This client told us that they had contacted their local American Consulate and were told, with some certainty, that the EB-5 was not available for those who are Guatemalan Citizens.

We commented to the client that we were sure this was not the case but to be totally accurate with our response we consulted with expert EB5 attorney Anthony Olson who confirmed that this is simply not the case. In fact there are no exclusions from participation in the program due to citizenship.

In fairness to the staff of this particular we would add that sometimes a request for information can get lost in the context of the question at hand and a simple clarification might have explained the mis-information. It is possible that the officer in questions may have referred to the visa that does have restrictions based upon the country of origin.

Should you wish to clarify any point of information you have received on the program, no matter the source, we at will be happy to answer your question(s) and, if necessary, get outside expert opinion on your behalf.

To set-up a personal please contact Chase Brodsky at Which EB5 via Email or by telephoning +1-561-771-1330
+Stephen Parnell
 
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EB-5 visa enables you to obtain permanent residency for your family
July 19th, 2011

family immigration using the eb5 visa

One significant advantage of the is that a successful applicant is able to include their spouse and all their unmarried children who are under the age of 21.

This is a major benefit for the many who have very real concerns regarding the limitations imposed on them by a number of the alternative visa options.

There have been many high profile examples over the years of the difficulties faced by members, when they time out on the particular visa they gained entry into the on.

The is a particular example of where things can go wrong. The visa does not provide the protection of for the applicant, their spouse or their children.

If we take as an example a family that relocated to the USA on an E2 visa seventeen years ago when their eldest child was three years old. Although that child has been bought up in the USA and may have had no contacts with her country of birth once she reaches the USA, she is no longer covered by the E2 visa once she reaches 21 and could end up being deported.

Many families on a range of different visas face this problem, which is one of the reasons the is seen as a much better option as each and every member of the family have their own green-card and permanent residency status.

The visa requires an investment of $500,000 in a US Government approved program, additionally there are administrative and legal costs which are likely to add a further $50,000 to $70,000.

However, if one selects a program with a sound track record and gets back the investment in a reasonable period of time, the only expense for achieving permanent residence in the USA is the administrative and legal cost. If you consider this actual cost covers permanent residence for several family members the price of this may be considered reasonable by some.

For further information contact the partners at Which EB5
 
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You need to know ALL the facts when Immigrating to the USA
June 24th, 2011

immigration factsMany factors can be considered important if you are applying for a to live in the .

High on the list would be accuracy of the information you are given. I was chatting to a French family at a party in Siesta Key FL last week and they were telling me about their move from Marseilles to Sarasota a few months before. The family had settled into their new lifestyle very well and were loving life in the USA.

We talked about the E2 visa they had used to relocate to and I asked about their plans when their children turn 21. They looked puzzled and seemed not to recognize the potential issue that arises when children reach the age of 21. It turned out that no one, including their Attorney, had highlighted to them some of the potential with the E2 visa, including that children may have to leave the USA when they are 21.

Over the past few years I have come across other examples of immigrants to the USA not being aware of all the necessary facts. This problem is puzzling in that Immigration Consultants and Attorneys must know about these issues, and yet sometimes fail to highlight them to the involved.

Above all, the consequences are devastating for the families involved. They may find their family structure at risk of being split up after a few years if one or more children have to leave the USA as a result of visa issues.

It has been reported that the E2 is not the most appropriate visa for families seeking in the USA. Other options such as the EB-5 visa may be more appropriate. Whatever visa route a family may take, being provided with all the information by a competent professional is of the upmost importance.

Given the cost and upheaval of making a permanent move to another country the last thing a family wants to find out after they have relocated there is that they face being deported back after a few years because of a fact they were not aware of.

For an independent overview of all your immigration choices contact Which EB5 who will arrange a free consultation for you with a leading .
 
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How can I tell if the EB-5 visa is safe?
June 15th, 2011

safety and security of the EB5 visa programEvery now and then we hear from one of our readers who feel some of our postings on the blog are pessimistic or negative and wonder if the really is a safe route for them to take to achieve permanent residency in the .

We take the view that it is very important to know the disadvantages as well as the advantages of the issues involved with this visa. It sometimes seems to us that many of the businesses involved with the EB-5 always focus on the positives, but ignore or gloss over the negatives.

As first generation ourselves we know from personal experience how difficult it can be to know the right questions to ask, and having assisted over 250 from all over the world to obtain their EB-5 visa in a variety of Regional Centers, to date our record has been .

Many who have transferred from other visas such as the E2, L1, H1B, and F visas have commented to us how positive their EB-5 experience has been compared to the difficulties they faced on their previous visas. Previously they felt they were in danger of eventually having to leave the USA after living here for many years, whereas the EB-5 has given them the security of permanent residency.

The records of the various Regional Centers that offer EB-5 qualifying programs can be one indicator of the safety of the visa. A few have a 100% success record at both the and stage and fewer still have been operating long enough to have returned the full $500,000 investment to their clients.

Importantly so far only one has had its status withdrawn by and there have been a few incidents where investors in a particular center are in dispute about the alleged loss of their investment.

Making the right choice is therefore all important and to do this it is important to receive as much independent information as possible. We can arrange for a free consultation with one of our Senior Partners who have visited many of the Regional Center options, please contact Chase Brodsky at Which EB5.
 
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Is the EB5 visa a better alternative to the E2 visa?
May 20th, 2011

E2 visa or EB5 visa?The requires an investment of $500,000 but provides the of green cards and permanent residence for the applicant and their immediate in the .

The E2 visa may well require a significantly smaller investment but does not provide permanent residence in the USA. Therefore it requires regular re-application and as circumstances change, for example business failure or children turning 21, it may be necessary to leave the USA.

A number of emigrants have experienced problems with the E2 visa which does not provide and in a number of cases can and indeed will require you to return to your country of origin.

This extract is from a a TV site in connection with a documentary that covered the E2 visa, it may be of interest:

STATEMENT FROM :

A Non-Immigrant E visa is not a good option for someone who intends to reside indefinitely in the United States. The treaty investor visa was designed to enhance commercial interaction between the US and other countries. It is not intended as a means of self-employment or immigration. Should an E-2 visa holder retire or sell his or her investment, the visa status lapses and he or she must leave the US. The more secure option for those who wish to reside indefinitely in the US is a permanent resident visa or “green card”.

Explore your alternatives and have your case assessed by a leading immigration with a free initial consultation. Send email request to at info@whicheb5.com
 
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EB5 Visa doubters proved wrong
May 4th, 2011

eb5 doubters proved wrongGoing back six or seven years when the had started to raise interest in its new format there were less than a handful of regional centers that had been approved by to offer programs. EB5 Regional Center List – Approved by USCIS

At that time there was very little information based on facts to rely on. Those early investors had very little to rely on and a number wrote to expat blog sites to ask the advice of others.

The advice was often less than helpful with talks of scams (which at that time did not exist). Unfortunately the potential immigrant investors writing to these sites did not appreciate that the people replying to them on the site often knew less than they did! Some were recommended to instead apply for or visa.

Fast forward to 2011 and the vast majority of those initial investors are happily settled in the as permanent residents with a number planning to become US Citizens. A number of the earlier investors have received some or all of their $500,000 back.

We are aware of some of those who used the E2 or L1 route subsequently running into leading to their having to leave the USA.

If you would like to talk about the positive and negative aspects of the EB5 visa please contact Which EB5
 
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Who has used the EB-5 visa?
April 19th, 2011

Thousands of people from all over the world have successfully applied for the .  Based on their experiences the may be of particular interest to you if you are looking for one of the faster routes to permanent residency in the USA.

Among the groups using the EB-5 are:-

  • Retirees – Many retirees have spent years trying to find a method to permanently live in the USA without having to run a business. For a number of those with $500,000 to invest in an approved EB-5 regional center, the has been the answer.
  • Those already in the USA on the H1-B visa. For many H1-B holders who were approaching their six year limit the proved an attractive alternative to potentially having to leave the USA. Many holders of the H1-B have successfully applied for the EB-5 and now have the advantage of in the USA.
  • who cannot obtain the H1-B quickly enough due to the quota system with that visa.
  • Immigrants who were considering the visa but were concerned that it does not provide permanent residency and requires ongoing reapplications.
  • Immigrants whose children are shortly turning 21.
  • Immigrants who have concerns about the stability or politics of the country they are currently living in.
  • Immigrants concerned about their safety in the country they presently live in.
  • Students on an visa who want to work full time in the USA.
  • Parents who want their children to go to school in the USA.

If you are seriously considering the EB-5 visa and would like to obtain a free qualification from a leading EB-5 immigration attorney contact Which EB5
 
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EB-5 Visa – Currently No Waiting List
April 18th, 2011

One of the big advantages of the is that it provides relatively fast to the without the disadvantage of a lengthy waiting list.

Some other visa categories are a problem in that they do not provide permanent residency and require applicants to renew them every few years so one can never feel truly secure in the USA.

Other categories such as the H1-B and H2-B have quotas which can fill up quickly; others such as the and have levels of demand which far exceed supply.

The easier availability of the EB-5 explains its popularity among who wish to invest $500,000 for in the USA as a method of obtaining permanent residents for themselves and their immediate .

If you are looking to obtain a relatively fast route into the USA and would like to discuss your options contact Which EB5
 
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EB-5 Visa option for E2, H-1B and L1 visa holders who may have to leave the USA
January 24th, 2011

We often find we are working with clients on the process who originally immigrated to the on , H1B or visas (which do not necessarily provide / status), lived happily in the States and watched their children go to school and grow up knowing only the American way of life.

We are called in to troubleshoot when they face being deported, their children turn 21, they want to retire or their business is failing and they need options enabling them to stay as permanent residents.

There are now proven options such as the investor which may not have been available when they originally relocated to the USA. In certain circumstances this can provide the best answer, however there are some important issues to be aware of. For more information contact Which EB5
 
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Frequently asked Questions relating to the EB-5 Visa Program
October 25th, 2010

A collection of the latest questions we have received from potential investors.

1. Can you explain in a couple of short sentences what the program is and what are the advantages of the EB-5 against other options?

The EB-5  regional center program requires the applicant to invest $500,000 for a period (not usually less than five years) in one of a number of government approved regional centers, with the intention of creating (or in certain cases saving) ten jobs per investor.

Unlike many other options (such as the , L1, H1B) the visa provides immediate green cards; the right to permanent residence for the applicant, their spouse and all their unmarried children under 21. Many other visas require periodical renewal and may never grant permanent residence, with the risk in certain cases of non renewal and deportation.

2. When do you need to pay for your EB-5 regional center investment?

Although some regional centers hint that you can pay in installments, or after your application, this could lead to the refusal of your application by USCIS.

Payment of the $500,000 or $1,000,000 (depending on which program you are applying for) is required before your petition can be submitted to the USCIS – no payment – no investment – no application – no visa, it’s that straightforward as far as the rules go.

There are however steps you can take to safeguard your money which we can go through with you, if you would like to discuss this please contact us using the form on this page or via email at info@whicheb5.com

3. How many families have you successfully worked with Which EB-5?

We have currently successfully worked with over 150 families from all over the world, who, depending on their priorities, have opted for a number of different centers.

This number places as one of the largest independent advocates of the EB-5 working on a worldwide basis.

Some families use our services at the very beginning of the process, others after they have looked into a number of regional centers and become concerned that they are not finding out the negative aspects of programs. The negatives are critical as they are a key factor in the question; will I get my money back?

There is no charge for the use of our services; the fee the centers pay us makes no difference to the amount you pay them – in other words you pay the same amount to them whether or not you use us – so you save absolutely nothing by not using our services!

4. How do I choose the best EB-5 regional center for me?

With over a hundred regional centers authorized by USCIS, a number of which operate constantly different programs, it is not surprising that many potential applicants are in a state of total confusion. They have often waded through masses of glossy brochures, DVDs that deserve an Oscar award, have suffered high pressure sales talk and by then are very frustrated by the American sales techniques. Other have been frustrated by seeking the advice of attorneys who focus on the legal aspects only but have very limited in-depth knowledge, and have rarely visited all the regional center programs. Some clients have even paid consultants and realized afterwards those same consultants also offer paid advice to the regional centers creating potential conflict of interest.

The vast majority of families considering the EB-5 visa simply want a well proven program with a performance record, minimum doubts regarding the creation of the required ten jobs, and importantly the return of their hard earned $500,000 money at a specific time. However, to identify which programs can deliver these is very much a full time job, requiring a mass of research, reading, analysis and importantly regular visits and feedback from previous investors.

To get the results from our latest findings and discuss these with an experienced, independent EB-5 specialist contact us using the form on this page or via email at info@whicheb5.com

5. We understand some EB-5 regional centers heavily promote their programs but they may actually have potential flaws, whereas more boring ones can be a safer option, how do we tell which is which?

To look behind this question it is useful to consider why can arise with some regional centers.

There is a world of difference between:-

a).           The most proven centers which have a clear track record of 100% success on key criteria, a documented time period for the return of investor funds, evidence of past return of funds, previous investors you are able to talk to and evidence of the Directors recognition that they actually care about the they have as clients. The programs themselves may not be exciting but they are well thought through and proven.

b).          Programs which begin on the premise that they need to raise funds for a project which cannot attract investor funds on the money markets. Those behind the program may not wish to invest their own money (or may not have the required amount!) and have identified the EB-5 program as a potential source of cheap money. The risk of program failure may fall completely on the who faces losing both their visa as well as their investment.

For detailed information on different programs contact us using the form on this page or via email at info@whicheb5.com

6. Families looking at the EB-5 are increasingly placing emphasis on fixed term programs rather than equity programs, why is that?

First of all it should be stressed that families looking at various EB-5 programs should above all take proper advice on the available programs, looking beyond the sales talk and legal jargon to the key questions:

  • Will I get my visa?
  • Will the necessary jobs be created?
  • Will I keep my visa?
  • Will I get my $500,000 back in a timely way?

The reason why there is specific interest in certain programs is, in many ways, contained in the questions above.

Whereas a few years ago potential EB-5 immigrant investors often focused on equity investments such as leisure resorts, ski resorts, commercial properties etc, and the hardest recession and fall in property prices since the 1930s has made people view property and equity in a different light.

Many potential EB-5 visa investors are concerned that the exit strategy is less than clear and too open ended as to when they can expect to see the return of their $500,000 or indeed if they will ever see the return and of course if problems do occur will sufficient jobs be created to satisfy the requirements of the program?

In the context of these real concerns, the transparency of a program with a clear fixed term exit strategy is proving of interest.

If you would like further information on the various programs, please contact us using the form on this page or via email at info@whicheb5.com

7. We have heard we should be careful if regional centers have a high proportion of Chinese investors, why is that?

There have been well reported articles in newspapers and magazines on this issue. The problems can, in certain circumstances, stem from agents in China recommending specific programs to Chinese speaking families. If these families do not speak English they may be totally reliant on the agents and do not always realize the agents could be motivated by a higher levels of commission paid by certain regional centers.

This is a problem that has been raised previously and indeed in certain Cities in China the authorities have become so concerned, that they have decided it is necessary to introduce specific compliance requirements for immigration agents.

We have been approached by a number of Chinese people who require impartial advice for their families. This is so they can ascertain from an experienced and independent source the true reality of various EB5 regional center programs, rather than simply being given the advantages but none of the negatives.

Problems for potential applicants can materialize if they select a program on the basis of its apparent popularity but the real reason for the numbers is undeclared.

For an impartial, confidential appraisal of EB-5 regional center programs and a free consultation with one of our Partners please contact us using the form on this page or via email at info@whicheb5.com

8. How long does it take to get the EB-5 visa?

The short answer is not less than six months at the current time, but a lot longer if you fall into any of these traps during the following stages:-

Selection stage – Some potential EB-5 applicants make the mistake of getting bogged down into researching all hundred plus regional centers, this can be a nightmare as well as time wasting given a number of these centers have significant, possibly hidden dangers. Assuming you have selected one of the few well proven projects with a specific program your progress should be faster and you are less likely to fall victim to a (Request for further evidence) from The USCIS (United States Citizenship and Immigration Service) which could hold you up for many additional months.

filing steps – we know of very experienced attorneys with a 100% success record with the EB-5 who have filed applications in as short as a couple of weeks. However, we have heard of other attorneys who have taken months. Contact us for more details.

USCIS processing – currently taking five months for immigrant investor visa (I-526) approval. In the past, processing has varied between two months and nine months and this assumes you have not selected a regional center program that incurs an RFE (see selection stage), in which case processing could take a lot longer.

Consulate processing or change of status – this can vary considerably depending on the country you are applying from. Embassies around the world vary from under a month to several months to grant this interview.

For the latest information on any of these points please contact us using the form on this page or via email at info@whicheb5.com
 
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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general on the subject of the EB5 investment visa green card program and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person. Which EB5 is a service of Ireeco LLC 1515 N.Federal Hwy. Suite 300 Boca Raton Florida 33432 USA Telephone: +1-561-771-1330.