January 26th, 2012 |
 The simple answer to this question is that if you fail to get an I-829 approval on your EB5 visa you face possible DEPORTATION from the USA; there are no guarantees that you will get an I-829!
Unfortunately, this is a point that is too often ignored or missed by people looking at the EB5 visa as their best option for obtaining permanent residence in the USA.
Some families assume, or are led to believe by regional centers or their agents, that once they have applied for the EB5 visa and been approved by the United States Citizenship and Immigration Service (USCIS) through an I-526 petition, all the hard work is over and they are permanent residents of the USA.
However, the important point to keep in mind is that entry into the USA on the EB5 visa is initially through a conditional green card issued for a two-year period.
In a specific time frame, towards the end of this two-year period, it is necessary to file an I-829 (removal of conditions) petition. Success at this stage sees the removal of these conditions and a permanent green card; failure at I-829 could result in deportation.
Although the conditions for removal seem straightforward there is no guarantee that they will be met.
These conditions relate to:-
• Sufficient evidence that each investment of $500,000 has been invested in line with the original I-526 application. This should not be taken for granted; there have been examples of a regional center moving funds to an alternate program which led to refusals at the I-829 stage.
• Sufficient evidence on the creation of ten jobs per investor in the approved targeted employment area.
There are a number of issues that can occur during the two-year period of the conditional green card that could compromise the likelihood of obtaining the I-829 petition and having the conditions removed.
To name a few:-
• Downturn in the industry in which the project operates
• Problems in the development or construction of a real estate project
• Problems in the viability of a project leading to the creation of insufficient jobs to satisfy the ten jobs per investor criteria.
The importance of seeing the entire picture prior to selecting the most appropriate regional center for your EB5 visa application is critical. Which EB5 have a 100% track record for several hundred EB5 visa clients across a number of regional centers. For independent EB5 visa information contact Which EB5.
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Tags: conditions removed, deportation, eb5, EB5 visa, green card, I-526, I-829, Immigration, permanent residence, permanent resident, regional center, Which EB5
Posted in Immigration | No Comments » |
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 19th, 2012 |
 Over the years we have had many discussions with the owners and representatives of EB5 regional centers. Many of the most useful discussions have been at face to face meetings in their offices and at their projects. That way we get to see at firsthand what they are planning, what is happening with their projects and importantly get a feeling for the reality behind their plans.
This knowledge can be very important for many reasons.
Let’s look at just one example of what can happen to a family planning to gain permanent residency in the USA through the EB5 visa.
The potential EB5 visa applicant may contact a number of regional centers and be sent a variety of information, usually some glossy brochures and eventually a very thick detailed business plan / legal agreement.
Usually this information is one sided and positive containing little of the potential negative issues that may arise with a particular project.
The applicant may also seek the advice of a consultant based in their country, often those consultants are actually acting as sales agents for the regional centers and it is unlikely the applicant will receive details on the potential problems with the program.
Finally the applicant will probably consult with an immigration attorney; however, the focus is more likely to be on immigration law and not any potential dangers of the program. It is unlikely the attorney will have ever visited the regional center. Therefore, such applicants may commit their families to moving to the USA on the basis of little or no feedback on the things that may go wrong with their choice of regional center program.
It may not be until they have actually moved to the USA and lived there for two years that they become aware of important problems with the program they have chosen. At that stage there is a need to file a petition (Called an I-829) to have conditions removed from their visa. If no one has previously warned them of the potential dangers of the particular program they may find something has cropped up; by then it may be too late to act resulting in refusal of the I-829 and deportation may be the outcome.
Many issues can go wrong that you need to be made aware of as we realize from the discussions we had over the years with regional center staff.
For a detailed discussion with one of our experts contact EB5 visa experts at Which EB5
+Stephen Parnell 
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Tags: EB5 visa, I-829, immigration attorney, regional centers
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 » |
January 12th, 2012 |
 Recently I saw some comments on Linkedin talking about what separates a good EB5 visa project form a bad one (from the perspective of the regional center operator).
This commentary was from an industry insider who goes on to offer some good advice to potential EB5 visa project operators. However, part of the original advice contained the following:
“What is the quality that separates the winners from the losers? Sizzle. Like a bright light on a Hollywood billboard, sizzle sells”.
Sizzle! I thought the subject being discussed was investing in an EB5 regional center project not a steak!
“At the end of the day all things being equal, the investor will choose the project that gives them bragging rights. At a card game, dinner party or mahjong table, the investment that shines the brightest also shines most brightly on its’ investor”. Really?
And I thought that the goal of an EB5 investor was a permanent green card and getting their money back at some defined point in the future. Investing in an EB5 visa with “sizzle” will not be what you want to brag about when your I-829 is rejected and/or you have lost your $500,000.
The trouble is: All things are not equal. The one with the “bragging rights” is the one with the green card and a reasonable chance of getting the $500,000 back.
With over 200 regional centers available to a potential EB5 visa applicant to choose from, some selling sizzle rather than the genuine opportunity for permanent residence in the USA, it becomes almost impossible, without genuine independent help, to separate those who have a goal of getting you invested in their project without any regard for your future from those professional regional center operators with a long-term view of this business and a true wish to see their clients get, and keep, their green card.
Get advice from an experienced EB5 attorney and consultant BEFORE you choose a regional center, it just might save you $500,000
Get started with your EB5 visa research by contacting Which EB5 via email info@whicheb5.com or +1-561-771-1330
+Stephen Parnell
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Tags: eb5, eb5 investor, eb5 regional center, EB5 visa, green card, I-829, WhichEB5
Posted in Immigration | No Comments » |
January 11th, 2012 |
 Could the EB5 visa investment requirement of $500,000 be increased?
Ongoing uncertainty in many countries throughout the world has resulted in increased interest in immigration to the USA.
All over the globe political concerns including the uncertainty in Korea after the death of Kim Jong II, environmental concerns such as natural disasters in Japan and economic concerns such as the problems in the Euro zone make the USA seem an ideal oasis of calm by comparison.
The fact that recent USA labor figures show unemployment finally starting to decline emphasize that the US is beginning to put its problems behind it. The USA has many advantages including its transparent political system and world leading education system which have made it the preferred choice for so many families seeking to improve their family’s quality of life.
For many, the preferred route to achieve this has been the EB5 visa, it is one of the few readily available options that allows an entire family (applicant, spouse and unmarried children under 21) to get permanent residence in the USA in a relatively quick time.
Currently the EB5 visa requires an investment of $500,000 in what the United States Citizenship and Immigration Service (USCIS) terms a “Regional Center”. However, there has been commentary by certain leading political figures that the $500,000 investment, which has not been altered for over ten years, could be increased in September 2012. If you are considering the EB5 immigrant investor visa as the best method to achieve permanent residency in The USA, you may be interested in a significant point made by Senator Grassley of Iowa, who is the ranking member of the Senate Committee on The Judiciary. In his statement on reauthorizing the EB5 regional center pilot program, Senator Grassley made a number of points including:-
“I think it’s important to consider whether the dollar amounts should be raised. They have remained at $500,000 and $1 million since the early 1990s.”
The increased popularity of the EB5 visa makes such an increase a possibility, and in the event of such an announcement, it is likely there will be a rush of applicants to beat an increase. Such a rush would have consequences in terms of supply and demand of places. In theory there are over 200 regional centers offering programs qualifying for the EB5 visa, however, currently many of them are inactive.
Of those regional centers currently offering projects, a significant number have very limited experience and/or potentially very speculative programs which show only a few previous investors.
Many potential EB5 visa applicants require programs that can point to an unblemished record, including the following:-
1. A good record of applications progressing through USCIS system in a timely manner, (times can vary from under six months to well over a year).
2. A 100% record of I-526 success.
3. A 100% record of I-829 success. At this stage conditions are removed from the green card.
4. The return of the full $500,000 within a reasonable time period. Many feel this needs to be between four to six years.
Despite lavish claims made by a number of regional centers at the beginning of 2012 it seems that only one regional center will have fully met all these criteria. (Further factual information can be obtained from WhichEB5).
It is important to be aware that in 2011 a number of regional centers programs were investigated by USCIS and later closed. In other cases families had I-829’s rejected. It is important to be very careful when choosing a regional center program and look beyond the all too typical sales hype and false promises.
For those looking at the EB5 visa as the best route to settle your family in the USA, but wanting the widest possible choice of regional center programs, there may be regional centers, which although not fulfilling all the four criteria above, may be of interest depending upon your own specific requirements. Arrange a free briefing through WhichEB5 now and you can be updated on the options available and the latest news about the EB5 visa program.
Contact Chase Brodsky on +1-561-771-1330 or via email at chase@whicheb5.com – Request full details of EB5 Visa programs
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Tags: committee on the judiciary, eb5, EB5 visa, green card, I-526, I-829, immigrant investor, Immigration, immigration to the usa, investor visa, japan, kim jong ii, Korea, natural disasters in japan, permanent residence, regional center, regional centers, residency in the usa, senate committee, Senator Grassley, united states citizenship and immigration service, USA, uscis, WhichEB5
Posted in Immigration | No Comments » |
December 16th, 2011 |
 2011 has seen significant numbers of families from all over the world choosing the EB-5 visa as their preferred method to gain permanent residence in the USA.
Unfortunately some of those families received inadequate or poor advice and selected regional center programs which were flawed.
Some of the problem programs were identified before applicants received their I-526 approvals and have had their status revoked by The United States Citizenship and Immigration Service (USCIS). However, other applicants have chosen programs which face potential issues at either I-829 stage or at the time when the exit strategy was planned to take effect.
Many users of the EB-5 visa program rely on overseas agents and regional centers to provide information; however, the information fails to disclose important weaknesses.
Each year we travel many thousands of miles looking at regional center programs. I recall one particular visit to meet with two Regional Center principles, they asked me to meet them at a local hotel as they could not meet on the site where their program was due to be operated. I located the gentlemen in a public area of the hotel with a number of cell phones spread out in front of them. During the meeting the phones would ring from time to time. It turned out these calls were from people calling from overseas to get details of their program. However, the program which required enormous amounts of foreign capital did not even have an office to work from, or any staff (other than the principals) to answer the phone!
Over the years there are many other issues I have come across from visiting regional center programs that would not be evident to anyone who has not made a visit to the site. I have also come across well run programs where jobs have been created.
The importance of obtaining independent impartial advice before considering the EB-5 visa 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 a personal one-to-one consultation with an expert EB5 attorney and consultant please contact Which EB5
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Tags: EB-5 Visa, Green Card via the Red Carpet, I-526, I-829, permanent residence, regional center
Posted in Immigration | No Comments » |
December 5th, 2011 |
Over the past few years several thousand families have relocated to the USA using the EB-5 immigrant investor visa. One advantage of this particular visa program is that it has, to date, always had places available and allows the entire family to get permanent residence (the applicant, spouse and unmarried children under 21).
The EB5 Visa (regional center program) requires you to invest $500,000 in what is termed a regional center program. The United States Citizenship and Immigration Service (USCIS) have authorized over 200 of these programs.
The type of investment programs vary greatly as does the time period for investment, the current minimum period being four years. As there are so many programs on offer it is not surprising many potential applicants seek independent advice before determining which regional center best matches their requirements. After all, if you make the right choice you stand to get permanent residency status and the return of your $500,000 capital in a reasonable timeframe. However, if you make the wrong choice, you and your family can face potential deportation and the loss of some or even all of your $500,000.
Finding the best independent EB5 advice will not always be as easy as you might expect given that some companies claiming to offer advice that is independent or impartial can be compromised by their close ties to a particular regional center. As an example, some companies undertake seminar programs in various parts of the world in partnership with specific regional centers. They may benefit from sales to the center either in receiving a marketing fee or commission for the number of sales made. In such circumstances you may need to question the impartiality of the advice given, are they likely to point out the weaknesses of a regional center they are closely working with? Are they likely to point out the advantages of other regional center programs that may actually offer you a better option?
Such arrangements can lead to concerns over a potential conflict of interest and the question; are you and your family receiving truly independent advice?
Sometimes a company claiming to be giving independent advice may be actually recommending one particular regional center; indeed it may be the one their founders used when they immigrated to the USA.
Again, in such a situation you are not obtaining the widest possible explanation of the alternatives, including the important positive and negative aspects. Instead you may be receiving a one-dimensional sales pitch to invest in that one regional center.
If you are wondering by now how you can discover the impartiality or otherwise of any consulting company you may use when looking at “What is the best way to choose an EB5 regional center” here are a few pointers as to questions you can ask?
- Since the consultancy company was formed how many of their clients have obtained EB5 visas?
- How many of those clients have obtained I-829 approval? (This is an important stage of the EB-5 process, when conditions are removed from the visa after two years).
- How many different Regional Center programs have their clients chosen? Is it just one or two or is there a much wider range of regional centers the consultancy has clients in?
- Have the consultancy partnered up with a particular regional center on joint sales and marketing trips to various countries?
- Does the company website or correspondence contain content indicating a partnership with one or more regional centers? Do phrases appear such as “I will send you a free information pack all about the Regional Center that we most like to work with”. This has specific implications that the consultancy may be working closely with one particular regional center of their choice rather than providing broader based information on the EB5 program.
- Does the company website contain photos of staff working jointly with a particular regional center at overseas seminars and exhibitions? Again this may raise cause for concern about a potential conflict of interest.
- Have the companies’ staff actually carried out research visits to a significant number of regional center projects? If so the visits need to be in-depth over several days looking into the background of programs.
- Does the company charge you a fee to give you advice? It is not necessary for you to pay a fee.
Immigrating to the USA with your family is a big decision and it absolutely imperative that you receive the best independent and impartial advice available. It is particularly important that you are not fooled into thinking you are receiving independent advice when the consultancy you are considering working with is working on behalf of only one regional center.
Independent EB-5 Visa advice and information is available from Which EB5 – Simply request EB5 information here
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Tags: conflict of interest, EB-5 Visa, eb5, EB5 visa, I-829, independent advice, independent eb5 advice, regional center, USA, uscis, What is the best way to choose an EB5 regional center
Posted in Immigration | No Comments » |
November 28th, 2011 |
 As we approach the end of the year it is normal for people all across the world to be busy with typical holiday time preparations and as such we normally see a marked downturn in new client contact. However, this year, in contrast to previous years, we are seeing continued strong demand for advice and guidance on all aspects of a potential move to the USA using the EB-5 Visa program.
A variety of factors are apparently at play here:
- Continued trouble, both financial and political, around the world
- A recent rally by the US Dollar that may continue, at least for a while, in light of the Euro debacle – This is seen by many as a sign that a move to the USA should be considered now and not later when the cost of exchanging local currency into $500,000 could potentially increase
- Recent figures from the United States Citizenship and Immigration Service (USCIS) that the number of applications for the EB-5 Visa continues to climb, with the thought, that at some point in the near future, we might reach the annual maximum of 10,000 Visas
- Continued focus on the EB-5 program by Alejandro Mayorkas – Director, U.S. Citizenship and Immigration Service. Director Mayorkas is devoting considerable effort into streamlining the EB-5 program and he continues to make progress in that direction leading to increased awareness of the benefits this program offers potential immigrants
These are just some of the reasons we continue to see a very bright future for the EB-5 program. However, recently you may have noticed, in our blog postings that we continue to warn of the dangers of NOT obtaining experienced advice when considering the EB5 as your path to a new life in the USA. I would like to reinforce that warning again today. We continue to see new so-called experts enter the arena offering advice on the EB-5 program. All I can say is please ask anyone you may be considering as an EB5 consultant or advisor:
- How many clients they consult with each month
- How many successful I-526 petitions do they have
- Do they have any successful I-829 petitions
- How many Regional Centers have they successfully guided clients through
- How long have they been advising on the EB-5 program
- Which experts do they use to provide legal, investment, accounting and currency exchange advice to their clients
If you cannot get satisfactory answers to those questions please call +1-561-771-1330 or email info@WhichEB5.com for advice – We look forward to adding you to our long list of clients
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Tags: advice, advisor, Alejandro Mayorkas, consultant, eb-5, EB-5 Visa, eb5, I-526, I-829, immigrants, investment, legal, regional center, USA, uscis, 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 » |
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