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 E2, L1, H1B) the visa provides immediate green cards; the right to permanent residence for the applicant, their spouse and all their unmarried children under 21. Many other visas require periodical renewal and may never grant permanent residence, 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 USCIS.

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 families have you successfully worked with Which EB-5?

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 100% success 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 immigrant investor 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 Chinese investors, 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