February 3rd, 2012 |
 This may at first seem a strange question, but when you look at the basics of what different groups want from the EB5 visa process, the implications of the question become more apparent.
Let’s examine what different organizations want from the EB5 visa process.
- The US government devised the program to create jobs in areas of higher unemployment in the USA. Each EB5 visa investment of $500,000 is intended to create at least ten jobs for US workers.
- The EB5 regional center may have different priorities depending upon its set up.
Generally regional centers, or the projects they are offering, need your capital to fund a particular project; however, the mechanics behind the operating philosophies of these centers can vary enormously. Some centers have been in operation from the start of the EB5 program and have a measurable track record. Some with many years experience across a range of business sectors.
Other centers have been approved much more recently by the United States Citizenship and Immigration Service (USCIS), and some of these were formed specifically because the funding for a particular project could not be raised through any of the traditional financing sources.
- You, the EB5 visa investor generally want the quickest safest route to achieve US permanent resident status for your immediate family and the return of your $500,000 capital in a specified period of time.
It cannot always be assumed that the requirements of the three groups i.e. The Government, The Regional Center and Yourself the EB5 applicant will necessarily converge, as can be seen from the following three examples.
The government’s key focus is job creation and there are certainly a number of EB5 programs that have an excellent track record in creating jobs. However, job creation in itself does not necessarily create a financially viable project and there are a number of examples of regional center projects that have created many jobs over several years that have yet to repay any investor funding.
The regional centers key focus is generally to raise funding to carry out a specific project, however, the range and quality of these projects can vary enormously. Some have already raised significant funding from one or more sources where, with others, EB5 investors may be the only source of funding.
The view the key players behind regional centers have of the immigrant investor can be very important. For some the EB5 applicant is simply a source of funding for a business proposal, whereas some regional centers also attach considerable importance to the needs and difficulties of the immigrant family and have a particular integrity tied into the whole process.
For more information on the philosophy, success and failure behind different EB5 regional centers contact the EB5 specialists at Which EB5 by email: info@whicheb5.com or by telephone at +1-561-771-1330
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Tags: eb5 investor, eb5 regional center, EB5 visa, immigrant investor, Immigration, permanent resident, US Government, Which EB5
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 » |
January 3rd, 2012 |
An open letter from experienced EB-5 visa attorney – Part 4
Consider factors that could keep the EB5 project from fulfilling the job creation requirement
I raise this point not as a discussion of which regional center and project keeps the investment safest, but rather in considering which regional center and project will best enable the investor to cross the finish line of obtaining approval of the petition to remove the conditions from the conditional permanent residence. People often ask, “What if the business fails? Will I still be able to remove the condition from my conditional permanent residence?” This is an outcome that no one wants to face or even contemplate, but in these uncertain economic times, one must consider all possible outcomes. If the regional center project accomplished the job creation prior to the failure of the business, i.e., it took all steps that were the basis for the calculation of the job creation, then the investor will have a strong case for obtaining approval of the petition for removal of conditions. The obvious downside is that the investor’s investment would have to go down with the ship, so to speak, in order to succeed under such a scenario.
What if, on the other hand, the business is still operating, but has not yet completed all steps, or only recently completed all steps, for the creation of jobs? Can the petition for removal of conditions be approved in that case? USCIS regulations do provide that where the job creation has not yet occurred at the time of filing for removal of the conditions, but certain evidence is submitted indicating that the job creation will occur within a reasonable time — particularly where it can be shown that the delay was beyond the control of the project’s management — then that can be an approvable case.
The best way to avoid these adverse consequences is to conduct a careful due diligence in the beginning stage, when you are selecting the business that is the basis for the regional center’s project. There are Regional Centers whose investors have already obtained the permanent green card, and others are presently starting the removal of conditions process for their investors, and there is little concern that the permanent green card will not be approved for those Centers. The main point is: Sufficient information is available for the investor to make a well-informed decision.
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.
Tomorrow we will cover: The Immigration Procedures under the EB-5 Immigrant Investor Pilot Program
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Tags: eb-5, immigrant investor, pilot program, regional center
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 » |
December 19th, 2011 |
 Today we have published a very informative article on our Which EB5 website entitled:
Obtaining the EB-1 Green Card from L-1 Visa is Not Possible for Most Small Businesses
This article takes a long hard look at potential alternatives to the EB-5 immigrant investor visa and the risks that this particular alternative contains.
An extract from the article:
Many businesspeople, who plan to maintain a business in their home country, have started a small business in the U.S. with the plan to obtain permanent residence through the EB-1 Multinational Manager and Executive category. However, the majority of such people fail to reach the goal of obtaining permanent residence in this category. Why? The general answer is that USCIS’s decision track record in the EB-1 permanent residence and L-1 visa categories indicates that it believes that only the employees of large corporations are worthy of the green card in the EB-1 category, and eligible for extensions in the L-1 visa category.
To read the entire article simply click on the link below:
Obtaining the EB-1 Green Card from L-1 Visa is Not Possible for Most Small Businesses
Look out for more informative articles from EB5 Visa Experts in the days and weeks to come.
If you would like to speak to an experienced EB5 attorney and/or consultant, please feel free to email us at info@WhichEB5.com or call us at +1-561-771-1330
+Stephen Parnell
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Tags: attorney, consultant, EB-1, eb-5, EB-5 Visa, expert, green card, immigrant investor, L1, permanent residence, visa, Which EB-5
Posted in Immigration | No Comments » |
October 31st, 2011 |
 In the midst of the recent economic problems in the US, some people may wonder why they should still invest in the country. After being brought down by the folly of an over deregulated financial system, the country is slowly raising itself back up.
As the US government is trying to jumpstart the economy again, they’ve started offering incentives to investors. One incentive is the EB-5 Regional Center investment visa. This program offers permanent residency (green cards) to an investor, including spouses and children below 21, willing to provide $500,000 to a government-designated Regional Center program.
Regional Centers approach immigrant investors with offers of different projects that need financing to convince them that a certain offer is the best. But you might ask yourself as you scour through business proposals: why would I want to invest in the United States of America?
1) It is still the land of opportunity.
Ever since its start, America has been touted as the Land of Milk and Honey. Generations have traveled to the country to seek their fortune. Even now, there are people striking it rich in America, it is the birthplace of some of the biggest companies of our time: Google, Facebook, and Apple, all of which were started with a simple idea. These companies probably couldn’t have succeeded so well and so fast anywhere else in the world.
2) The economy will bounce back.
The foundation of the US economy is solid. It is, after all, the biggest superpower in the world. Because of its vital part in the intricate web of financial systems all over the world, it is still in everyone’s best interest for it to succeed.
3) The USA is still the center of the world.
From this land comes the rest of the world’s culture, filtered through Hollywood movies, Billboard Top 100s, and many brands that rise to fame all over the globe. This influence and power over the rest of the world is reason enough to believe that it is the best country to invest in.
4) If you can make it there, you’ll make it anywhere.
This line from the classic Frank Sinatra tune is true. The US can be a tough place for an immigrant, and a tougher place for an investor. Given the country’s attitude towards healthy competition and capitalism, you’re sure to learn a lot, but once you’ve mastered and survived this economy, the rest is easy.
5) The economy is ripe.
Now, more than ever, is the perfect time to invest in the USA. With the recent shakedown in the financial market, there are more opportunities than ever for investors. Both the government and the banks want to stimulate economic growth with lots of incentives and bonuses for investors. It is also the perfect time to get your pick of the best workforce, as most of them are searching for a better option. It is also the perfect time to place an investment in America, because the country needs to create jobs. In return it is offering an opportunity for you to gain permanent residence and even citizenship in this great country.
Before you start the process of securing an EB-5 Visa Green Card for you and your family, you have to understand that you’re not just investing your money; you’re investing your family in a new country. And, despite recent problems, you have to believe that it is still a great country, still the land of the free and the home of the brave.
The principals of Which EB5 are themselves first-generation immigrants; they would welcome the opportunity to help you become permanent residents too by using the EB-5 Visa program. For further information simply request it here.
(This is a guest blog post on Which EB5 blog)
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Tags: eb-5, EB-5 Visa, green card, immigrant investor, investment visa, regional center, US Government, Which EB-5
Posted in Immigration | No Comments » |
September 30th, 2011 |
 If you are trying to learn as much as you can about the EB-5 immigrant investor visa it is important that you identify information that is completely impartial and independent. After all you may end up investing at least $500,000 for several years and trusting the immigration status of your family to your choice of a Regional Center program.
Unfortunately so much of the information you come across has a sales agenda, in other words you are being persuaded to invest in a particular Regional Center or use a particular Attorney. Sometimes the sales effort means too little attention is paid to the safety of your family’s immigration status and the safety of your $500,000 investment.
Before writing the only consumer book on the EB-5 Visa a great deal of research was carried out on the people and companies behind EB-5 Regional Center programs, EB-5 consultants and Attorneys.
This research identified a number of Consultants and Attorneys offering to provide advice on the EB-5 were also being paid by some Regional Centers to promote their programs and obtain clients to invest $500,000 per place.
It is important that the advice you receive on the EB-5 visa is beyond reproach and those giving the advice have not been disciplined by Federal and State Agencies, some currently offering advice have had action taken against them.
For further information on the EB-5 visa at no charge contact Chase Brodsky at Which EB5 for further details.
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Tags: attorney, consultants, EB-5 Visa, immigrant investor, investor visa, regional center
Posted in Immigration | No Comments » |
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