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EB-5 Visa gains popularity among H-1B Visa holders about to time-out
December 14th, 2011

H1-B ProblemsH-1B holders who are approaching the six-year limit on their may find they face a major problem in holding onto their jobs and maintaining their lives in the USA. Once an H-1B holder has reached the six-year limit, or if they are laid off, the ability to extend the H-1B is often gone. In many cases, unless the person can qualify for a different , it becomes necessary to leave the U.S. for a year to restore H-1B eligibility.

Even if the H-1B visa holder manages to hold on to the job and the visa , it can take many years to get permanent residency status (green cards) despite years of waiting.  It has been pointed out that if you are an Indian or professional with an advanced degree, due to the country-specific backlog in the EB-2 category, you are little better off than your fellow countrymen with a bachelor’s degree.

Students holding visas also face problems given the current economy has created a difficult job market, particularly at a time when there are many highly qualified U.S. citizens and permanent residents available who do not need H-1B visa sponsorship. In some cases, overseas students are even having a difficult time to find an employer just to maintain eligibility to stay in the U.S. for the optional practical training period, let alone to find sponsorship for an H-1B visa or the green card.

With the help of the EB5 visa program, people in these difficult situations can get green cards. The EB-5 visa program has its own specific annual quota of green cards and at present there is no backlog. The only delay is the about one year that it can take to go through the entire EB-5 process.

Once the EB-5 investor obtains conditional residence they have all the rights and benefits of a permanent resident. This means they are no longer dependent on the existing U.S. employer, or on finding employment with a U.S. employer, indeed they can even go into business for themselves.

The EB-5 visa can give freedom, more career options, competing on equal terms with U.S. citizens and permanent residents in the labor market and business world, and the security that allows you to stay in the U.S.

As long as you maintain your investment in a that achieves its business plan and creates 10 jobs per investor you will receive after the two-year conditional period.

The importance of obtaining independent impartial advice before considering relocation to the USA is critical. As a first step it is worth reading the only published consumer guide on the EB-5 process Green Card via the Red Carpet.

For more impartial information on the EB-5 visa contact EB5 Experts at Which via Email or telephone at +1-561-771-1330
 
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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 EB-5 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, , 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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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 .

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 , 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 EB-5 visa 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.
  • Immigrants 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 F1 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 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 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 family.

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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Trapped on H-1B visa – Is the EB-5 visa an option?
April 12th, 2011

H-1B problems solved?Day to day life can be an ongoing problem for those working and living in the on .

One major problem has been for those who have been trapped in a job they dislike or which prevents them getting a promotion.

Other H-1B holders who have already been in the USA for six years may have to leave for a year with consequent disruption to their career.

Newly qualified graduates are finding the H-1B is no longer a passport to find a well paid job in the USA. The ongoing unemployment in the USA has meant that employers are less motivated to go through the hassle of the process to recruit new employees; particularly as well qualified Americans are available.

Therefore many and overseas graduates who were looking at the H-1B visa are finding a better option with the EB-5 visa.

Many wealthy parents feel the is the best route for their children, and by making the necessary $500,000 investment in an approved regional center , are able to obtain for their children who are then free to live and work wherever they want in USA.

The EB-5 provides freedom for career opportunities, freedom to run your own business and above all freedom to live your life as you wish anywhere in the USA.

If you would like further information on this or any other EB-5 question contact Which EB5
 
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Has difficulty with other immigrant visas increased the popularity of the EB-5?
February 11th, 2011

Concerns about the limited availability and long application times for a number of traditional visa options is contributing towards the increasing popularity of the .

For citizens of China, and the visa is proving very frustrating, resulting in many looking for better alternatives.

Many immigrants in the USA who are on or also have concerns about visa renewal. This helps to explain why so many are interested in the EB-5 visa as an attractive option to obtain permanent residency in the USA, typically within a one year time period.

For more information on how you can use the visa contact Which EB5
 
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USCIS Reaches FY 2011 H-1B Cap
January 31st, 2011

WASHINGTON—U.S. Citizenship and Services () announced January 27th 2011 that it has received a sufficient number of petitions to reach the statutory for fiscal year (FY) 2011.

With the cap for H-1B reached so early into the calendar year we expect to see many more people turn to the as perhaps the only viable alternative to the H-1B for those looking for in the USA ().

In 2009 and 2010 Which EB5 were able to help clients form many countries use the as their choice of alternative visas (offering a fairly predictable path to permanent residence) was eliminated.

Read the official USCIS statement using this link: USCIS Update FY2011 H-1B Cap Reached
 
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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 USA on , H1B or (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 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 EB-5 investors.

1. Can you explain in a couple of short sentences what the EB5 regional center program is and what are the advantages of the EB-5 visa 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 for the applicant, their spouse and all their unmarried children under 21. Many other require periodical renewal and may never grant , 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 .

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 have you successfully worked with ?

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 problems 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 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 immigrants 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 , 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 RFE (Request for further evidence) from The USCIS (United States Citizenship and Immigration Service) which could hold you up for many additional months.

Attorney 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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Is the EB-5 program safe?
September 13th, 2010

This is a question asked by many people looking into the EB5 program and the simple answer is yes. This is proven by increasing numbers of permanent residents who entered the program five or so years ago, have long since had conditions removed from their green cards, and have received all their $500,000 investment back along with interest payments.

It is interesting to compare their situation as now safely living as permanent residents in the with the risks experienced by many , , H1B and holders who face many ongoing difficulties along with the ultimate ongoing trauma of their not being renewed and being deported from the U.S. back to their homeland.

However, there are sadly a very small number of EB5 visa holders who have taken poor advice and applied unwisely without independent advice, or indeed made an inappropriate judgment and opted for a center where there have been EB5 refusals at the or stage or indeed the loss of some or all of their funds.

Over the next week we will examine in these blogs some important lessons to be learnt from previous , why many found the visa and the visa that delivered exactly what they wanted and why a few found they had made unnecessary mistakes. Stay tuned for more updates.
 
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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.