June 16th, 2011 |
Over the past few months the time taken by USCIS to process the EB-5 visa at the I-526 stage has been getting longer. We have had reports from both applicants and attorneys that it has not been unusual for it to take up to nine months from the initial filing to the approval.
There have been a number of reasons put forward for these longer times, including the significant increase in applications by prospective Regional Centers as well as applications for I-526s and I-829s, which have flooded the system.
USCIS had recruited additional staff to cope with the increased number of applications however, training requirements for these staff inevitably led to further delays for a period of time.
Two recent developments may indicate processing times may be starting to return to previous more rapid turnarounds.
- Recent proposals have referred to both premium processing as well as speedier processing times for several categories of EB-5 applications. If these measures are eventually enacted processing times should come down significantly.
- Within the past two weeks certain Regional Centers have reported a significant number of I-526 approvals being granted for their backlog of applications. This is also an encouraging signal that the backlog of applications may be clearing.
One important observation that has been made to us by a number of Attorneys is the number of Requests for Further Evidence (RFE’s) that has been issued by USCIS over the past few months on I-526 applications. Although the number of points raised in these RFEs has seemed to depend on particular programs, one issue that seems to repeatedly come up relates to whether a program is in a properly defined targeted Employment Area (TEA) or not.
It is apparent that some Regional Centers have tried to challenge the accepted Governmental interpretations of TEAs. These challenges should be of concern to potential EB-5 immigrants as they may well become a problem both at the I-526 stage and most importantly at the I-829 stage.
If you are considering an EB-5 as your route to permanent residency in the USA contact WhichEB5 for further information and a free consultation.
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Tags: attorneys, eb-5, I-526, I-829, immigrants, premium processing, regional center, RFE, TEA, uscis, visa, waiting times, Which EB-5 Posted in Immigration | No Comments » |
June 6th, 2011 |
Having specialized in the EB-5 field for several years, and coming across many different regional center programs over those years, it sometimes appears to us that one of the bigger problems with the program is a typical sales presentation offered by some regional centers.
With over 130 regional centers authorized by The United States Citizenship and Immigration Service (USCIS) to offer projects, it is understandable that with competition between the centers for a limited number of potential clients many regional centers set out to present their respective programs in the most favorable light. However, as first generation immigrants ourselves, we worry that sometimes the most important message gets lost in the desire to make a sale. What the visa is ultimately about from the immigrant’s perspective is as safe a route as possible for their family to achieve permanent residency status in the USA and to minimize risk on their $500,000 capital all while adhering to the laws relating to the EB-5 program.
Sometimes these straightforward requirements are in potential conflict with regional center objectives of attracting the maximum number of investors required to finance a particular project. It can be particularly worrying if the program is highly speculative with risks that the necessary number of jobs to satisfy the program (10 per investor) will not be created.
In certain programs the risks sometimes appear to fall almost entirely on the immigrant, after all it’s their hard earned money which may be lost and it’s their family who faces deportation if the jobs are not created or the program fails.
There are a few programs currently available where important qualities such as previous successful performance and genuine integrity concerning the welfare of the immigrants are given the highest priority – from the immigrants perspective such requirements are, of course, very important.
For an informal discussion on the EB-5 visa contact Which EB5
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Tags: deportation, eb-5, EB5 visa, immigrants, permanent residency, regional center, sales, speculative, USA, uscis Posted in Immigration | No Comments » |
May 16th, 2011 |
The EB5 visa requires the applicant to invest $500,000 in one of a choice of programs that are offered by Government approved Regional Centers located throughout the USA.
The track record of these Centers varies enormously; some have been operating for many years and have a 100% track record whereas others have experienced visa refusals or even in one case been closed by USCIS (United States Citizenship and Immigration Service).
The one issue they share in a highly competitive market is that they need to sell their particular program to enough immigrants to be viable and it is the sales information that is distributed, as well as the selling techniques used, that can be a cause for concern.
Which EB5 Senior Partners visit the various regional center programs and have become increasingly concerned about some of the information that appears in the sales brochures and promotional DVDs compared to what they might find when they visit some of these projects.
The problem is that quite often a family applying for immigration through the EB5 visa program might live thousands of miles away from the USA and maybe overly influenced by the glossy brochures, sales documents and inspiring stories shown on DVDs.
In reality, some of the regional center projects are unproven and may have little financial resource behind them, whereas others may have an excellent track record and in certain cases have been operating long enough to have repaid their previous clients.
If you are looking at the EB5 visa and would like to know the facts rather than the sales talk please contact Chase Brodsky to arrange a free consultation via email info@whicheb5.com or via phone at: +1-561-771-1330
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Tags: concern, eb5, immigrants, problem, regional center, sell, USA, uscis, visa, Which EB5 Posted in Immigration | No Comments » |
April 26th, 2011 |
While many immigrants to the USA have made a completely successful relocation to the USA on the EB-5 visa there has been concern recently about the advice some families are receiving about this visa.
The visa requires an investment of $500,000 in certain specific areas of the USA (rural / high unemployment) and allows successful applicants, their spouse and their unmarried children under 21 to receive conditional green cards (permanent residency in the USA).
The investment is required to be in what is termed a Government approved Regional Center program and there sometimes lies a potential problem.
Whereas a few years ago there was only a handful of such programs this year there could be eventually over two hundred. The vast majority of the newer programs have very little statistical evidence of performance.
To obtain information about programs some prospective immigrants approach Attorneys and Consultants for impartial advice. However, some of these Attorneys and Consultants have a worrying conflict of interest as they are also advising companies on how to set up as a Regional Center and how to obtain clients.
Additionally, with so many EB-5 Regional Centers and a limited number of interested immigrant investors, there is pressure to “deliver” investor clients and the tactics and techniques employed by some of the Center’s, their agents and “finders” are a cause for concern.
Further information on the EB-5 Regional Center program is available in the book written for immigrants on this subject – Green Card via the Red Carpet
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Tags: attorney, consultants, eb-5, green card, Green Card via the Red Carpet, immigrants, regional center, TEA, USA, visa Posted in Immigration | No Comments » |
April 21st, 2011 |
Although it would seem there is plenty of information available on the EB-5 visa there are two problems we constantly hear about from families who come to us after spending too much time trying to obtain information on this visa.
Many complain that regional centers are really selling machines which focus on selling their investment products but fail to understand the requirements of the family. For many families relocating to the USA is a very big move and they need to feel confident that their requirements are put first rather than just being viewed as another sale.
Others complain that when they speak to attorneys they are given masses of legal information but they get the impression the attorneys may not have visited any regional center programs and cannot therefore adequately advise them. These families understand the importance of taking adequate legal advice but also want detailed information on the regional center programs themselves.
Both these problems can be resolved with the right information and an understanding of the needs of different families making the move to the USA. For more information direct from first generation immigrants contact Which EB5
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Tags: attorneys, complain, eb-5, families, immigrants, legal information, regional center, sales, USA, visa Posted in Immigration | No Comments » |
April 19th, 2011 |
Thousands of people from all over the world have successfully applied for the EB-5 visa. Based on their experiences the EB-5 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 EB5 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 permanent residency 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 E2 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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Tags: E2, eb-5, eb5, F1, H-1B, immigrants, immigration attorney, permanent residency, USA, visa Posted in Immigration | No Comments » |
March 4th, 2011 |
Searching for information on the EB-5 visa program and been overwhelmed with emails, brochures, videos and sales talk? You may well feel a good way to obtain real information is to speak to people who invested in the EB5 program several years ago, after all these people will have:-
- Chosen a regional center program
- Successfully applied for the EB5 visa
- Relocated to the USA
- Integrated in their chosen community
- Had their conditions removed after two years (successful I-829 petition)
- Can become US citizens if they wish
- Will have had or are in a position to have their investment back
As the EB-5 regional center pilot program is a relatively recent visa option and it really needs to be looked at over a time frame of several years, it is interesting to look at the experiences of those who have been through the complete process.
Many regional center brochures are high on promises but when you look into them deeply have not been operating anywhere near long enough to give all important actual real life examples. It is interesting to review the experiences of those who invested some time ago in the EB-5 pilot program and see what lessons can be learnt.
If you are ready to go on the EB-5 visa route and would find it helpful to talk to previous immigrants who are now in the USA on the EB-5 visa contact Chase Brodsky on +1-559-EB5-INFO or info@whicheb5.com
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Tags: eb-5, eb5, immigrants, pilot program, regional center, USA, visa, Which EB-5 Posted in Immigration | No Comments » |
February 22nd, 2011 |
For those of you planning to immigrate to America on the EB-5 visa there are many issues to consider. Among the issues that we come across when we advise parents as to how immigration will affect their children in the years ahead is: – How will their lifestyle work out in the USA against their lifestyle in your current country of residence?
The areas that we have covered based on our experiences in advising thousands of families on the move include: Why do you wish to move? Critical schooling and lifestyle benefits from the children’s perspective.
The practical aspects of the move include timing for each step in the process, the implications of areas to live and importantly schooling and the differences likely to be encountered by your children with the US education system.
An important aspect is the choice of a visa which may have a critical impact on child welfare. In worst cases scenarios there are the implications of children facing deportation due to issues with specific visas which were not taken into account at the outset.
You really do need to consider the whole picture before such a major lifestyle move –If you wish to get input from first generation immigrants to the USA please contact us here.
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Tags: children, deportation, eb-5, education, immigrants, Immigration, USA, visa Posted in Immigration | No Comments » |
February 15th, 2011 |
Over the past few weeks we have been reviewing the statistics that have been published on the EB-5 visa. There are basically two types, one from The United states Citizenship and Immigration Service (USCIS) who currently do not break information down between individual regional center programs and the other from some of the regional centers themselves which generally are written to support the sales viewpoint that they are the best.
It is clear from our research that all is not always as it appears and we have come across examples of centers making claims that although correct do not tell the full story. It is critical that potential immigrants looking to the EB-5 visa are given the full story including the negative aspects so they can be in a position to obtain their visa, keep their visa and have the greatest chance of having all their $500,000 returned in a reasonable period of time.
Contact Which EB5 for more details
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Tags: eb-5, immigrants, regional center, statistics, uscis, visa, Which EB-5 Posted in Immigration | No Comments » |
February 1st, 2011 |
Over two years ago we warned people who were living in China and were considering the EB-5 visa that we were concerned about the information being given out by a number of regional centers, their agents and some immigration agencies in China.
We have continued to highlight our concerns as it has become apparent that many Chinese citizens were being given a one dimensional picture of certain regional center programs, they were not being given a sufficiently balanced presentation of the strengths and weaknesses of the various EB-5 projects.
The dangers of being persuaded to subscribe to a flawed program are the loss of your $500,000 investment and/ or deportation from the USA if the program either collapses or fails to create the required number of jobs.
Now following investigative journalism by Reuters more potential immigrants have become aware of the dangers which we also exposed in our book Green Card via the Red Carpet which can be read on this website site. (Click the Visit Which EB5 Website button at the top right of this page)
The whole point is that there are well proven regional center programs with a 100% track record that have attracted immigrants from all over the world. These programs however do not make very high commission payments to Chinese agents so they have not been frequently recommended in China.
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Tags: agents, china, dangers, eb-5, Green Card via the Red Carpet, immigrants, Immigration, regional center, Reuters, USA, visa Posted in Immigration | No Comments » |
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