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Is one regional centers job creation model more secure than any other and how would I know this?
February 10th, 2010
job-creation-map

How secure is the job creation method used by the Regional Centers?

The question of job creation can be very important as it is one of the key points when conditions are removed to make your permanent () However, it is often insufficiently researched or neglected completely.

We do have concerns regarding the requirement of programs to create 10 jobs per investor to comply with requirements. In many cases these jobs will, at I-829 stage require evidence, such as individual tax records, to prove that the jobs exist. If a program runs into difficulties such as insufficient investors, rising costs, business collapse, failure to find tenants, insufficient record keeping, the jobs may not be created or counted.

Let’s look at a couple of hypothetical examples that could have a major impact:

Let’s say you have applied through a relatively new center that has few if any successful I–526 applications and whose program strategy requires a minimum total number of investors to succeed. Say you invested and received your eighteen months ago and you have just learnt that the center has failed to obtain enough investors to complete its program. You face not only losing your $500,000 but also the likelihood of successful I-829 processing, enabling you to achieve continued in the .

Taking another scenario, let’s say you invested in a program which was based on a developing a commercial property. In this case the investment was fully subscribed and the building completed. However, since the original planning stage the economic climate has changed and fewer tenants have moved in thus creating fewer jobs.

You should be aware that there is an alternative job creation methodology in use by a small number of regional center programs, the use of economic models based on infusion of capital. If such a model is used to calculate job creation projections at the I-526 stage an investor could receive credit for job creation at the I-829 stage simply by the regional center establishing that they invested the requisite amount into the new enterprise, and that the enterprise spent that capital.

USCIS has clarified that this form of capital investment involves more than simply investing a certain amount of investment dollars into a particular industry. “An important aspect to any economic analysis model is the feasibility and quality of the business plan that is the basis for determining the appropriate inputs into an . If the infusion of capital occurs according to the approved business plan and economic analysis, and the capital investment scheme comes to fruition in the manner outlined in the business plan, then the economic data provided in support of the Form I-526 petition regarding indirect job creation may be sufficient to demonstrate the creation of the indirect jobs without the submission of further data about job creation at the Form I-829 petition stage”.

For further information on this very important aspect of your permanent green card eligibility contact the partners at WhichEB5.

 
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Important EB5 visa issues that are often NOT focused on
January 14th, 2010
Don't overlook the important issues in EB-5 selection

Don't overlook the important issues in selection

I am continuing yesterday’s blog from a freezing cold and snowed-in Gatwick airport, London, where I have spent the last 24 hours waiting for the airport to clear a few inches of snow. It never ceases to amaze me when traveling all over the world, including countries where there is an awful lot of snow, such as Canada, Russia, Austria, Germany, to name but a few, that in the UK it only takes a little snowfall to close one of the world’s major airports! To make matters even worse, to rebook the flight you are put into a four hour line, longer than any of the ones you may go encounter for a ride in Disneyland, this would never happen in the , anyway enough about my rant for the day!

Yesterday we covered areas that are all too often overlooked by those considering the EB-5 , particularly when identifying issues that are very important leading up to the and the exit strategy for the eventual return of the $500,000 .

Today we will look at the implication regarding the 10 jobs per investor that will need to be created. Many programs refer to these jobs and refer to an that will lay out how they will be created. However, there are other implications to these jobs which are very important but all too often not discussed.

Let us say you are investing in a program that is investing funds in a portfolio of different investments. For example a hotel, office building, medical center etc. Although the economic model  they use to determine jobs may be sufficient to obtain successful approval at stage, what happens in two years when conditions are due to be removed?  Will the projects be completed?  Will sufficient tenants be found?  Will those tenants provide sufficient proof of jobs to satisfy ?  There are a lot of questions that need answering and your continued stay in the USA may depend on those answers.

Taking a completely different scenario; what happens in a project which is in a particularly disadvantaged area? Let us say it actually does create the jobs required, however, the exit strategy to obtain the return of your investment requires the eventual sale of you and your fellow investors shares in the project. Will the project sell, if the area surrounding it remains depressed?

There are many other issues to be considered relating to the creation of jobs as well as exit strategy and tomorrow we will examine a jobs model in more detail that may take some of the uncertainty out of the process.

 
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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.