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 » |
June 15th, 2011 |
Every 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 visa really is a safe route for them to take to achieve permanent residency in the USA.
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 immigrants ourselves we know from personal experience how difficult it can be to know the right questions to ask, and having assisted over 250 immigrants from all over the world to obtain their EB-5 visa in a variety of Regional Centers, to date our record has been 100% success.
Many who have transferred from other visas such as the E2, L1, 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 I-526 and I-829 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 Regional Center has had its status withdrawn by USCIS 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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Tags: E2, eb-5, H-1B, I-526, I-829, L1, permanent residence, regional center, USA, uscis, visa Posted in Immigration | No Comments » |
May 4th, 2011 |
Going back six or seven years when the EB5 visa had started to raise interest in its new format there were less than a handful of regional centers that had been approved by USCIS to offer programs. EB5 Regional Center List – Approved by USCIS
At that time there was very little information based on facts to rely on. Those early investors had very little to rely on and a number wrote to expat blog sites to ask the advice of others.
The advice was often less than helpful with talks of scams (which at that time did not exist). Unfortunately the potential immigrant investors writing to these sites did not appreciate that the people replying to them on the site often knew less than they did! Some were recommended to instead apply for E2 or L1 visa.
Fast forward to 2011 and the vast majority of those initial investors are happily settled in the USA as permanent residents with a number planning to become US Citizens. A number of the earlier investors have received some or all of their $500,000 back.
We are aware of some of those who used the E2 or L1 route subsequently running into problems leading to their having to leave the USA.
If you would like to talk about the positive and negative aspects of the EB5 visa please contact Which EB5
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Tags: E2, EB5 visa, L1, regional center, scams, USA, uscis, Which EB5 Posted in Immigration | No Comments » |
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 EB-5 investor visa.
For citizens of China, India and Mexico the EB-3 visa is proving very frustrating, resulting in many immigrants looking for better alternatives.
Many immigrants in the USA who are on H-1B or L1 visas 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 EB5 visa contact Which EB5
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Tags: china, eb-5, H-1B, immigrant, India, investor visa, L1, Mexico, permanent residence, USA, visa, visas Posted in Immigration | No Comments » |
January 24th, 2011 |
We often find we are working with clients on the EB-5 visa process who originally immigrated to the USA on E2, H1B or L1 visas (which do not necessarily provide permanent residence / green card 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 EB5 investor visa 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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Tags: E2, eb-5, green card, H-1B, investor visa, L1, permanent residence, USA, visa, Which EB-5 Posted in Immigration | No Comments » |
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 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
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Tags: 100% success, agent, attorney, best eb6, Chinese investors, E2, eb-5, families, frequestly asked questions, green card, H-1B, how long, I-526, immigrant investor, Immigration, independent advocates, investors, L1, permanent residence, program, regional center, RFE, uscis, visa, Which EB-5 Posted in Immigration | No Comments » |
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 USA with the risks experienced by many E2, L1, H1B and F1 visa holders who face many ongoing difficulties along with the ultimate ongoing trauma of their visa 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 I-526 or I-829 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 investors, why many found the EB-5 visa safe 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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Tags: E2, eb-5, eb5, F1, green card, H-1B, I-526, I-829, L1, permanent residence, safe, USA Posted in Immigration | No Comments » |
July 12th, 2010 |
A British couple, who had spent many happy holidays with their children in Orlando Florida over the past twenty years, had been looking at ways they might be able to retire permanently in the U.S. but were concerned that their only options apparently related to the E2 and L1 visas (which do not allow or guarantee permanent residence). They were also concerned that the attorneys they spoke with, focused only on the legal aspects but were not really listening to their personal requirements, including their wide ranging concerns on their retirement in America. I-526 approval took several months and the couple were then interviewed at the U.S. Consulate in London and granted immigrant visas. The couple have subsequently had their I-829 removal of conditions granted and have settled very happily in the Florida way of life playing a lot of tennis and golf and making friends has as they say “made them more active and busier than they were in the UK “.
Read more EB-5 Success Stories here
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Tags: attorneys, british, E2, eb-5, I-526, I-829, L1, permanent residence, removal of conditions, retire, visa Posted in Immigration | No Comments » |
May 24th, 2010 |
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We sometimes receive correspondence from readers of our articles, newsletters, and this blog, saying that they are concerned there may be problems with the EB-5 as we seem to regularly identify problems with this particular immigrant visa or are warning potential investors about certain issues or flagging up complaints.
We certainly feel, as advocates of the EB-5 visa, that it is important we identify issues that potential immigrants should be aware of and as the founders of WhichEB5 we, as first generation immigrants ourselves, feel particular empathy towards those taking the major step towards starting a new life with their family in the USA.
However, far from having concerns about the EB-5 visa we have a great deal of belief in the visas track record to date based on the experiences of the 150 plus families from all over the world who we have worked with over the past few years and who are all now fulfilling their dream, living permanently with green cards and permanent residency status, in many different areas of the USA.
Many of those families had been living, for a number of years, in the USA on a variety of other visas which failed to provide them with permanent residency status and were causing them and their families a great deal of concerns and uncertainty. Their need to turn to the EB-5 to resolve these problems and the subsequent granting of their EB-5 visa status has often been a source of relief and satisfaction to them and saw the end of the ongoing problems they had previously experienced with the E2, L1, H1B and F visas which they felt could have resulted in them eventually having to leave the USA, in some cases after living here for many years.
Immigration to another country is often a mixed experience combining the excitement of new opportunities and challenges with regret at what one is leaving behind. Our concerns with the EB-5 visa are not with the visa itself or indeed with many of the well proven regional centers who have enjoyed a 100% track record to date.
However, we are concerned that some families making, what is a major step in their lives, fail to obtain independent, impartial advice from experienced consultants who have spent a great deal of time researching and importantly visiting the proven regional center options. Instead every year some unwary families rely on sales information directly from a particular regional center, or on advisors who may be promoting only one center, who may not have visited the centers or may be recommending regional centers paying the highest level of commission.
In summary, we believe the EB-5 visa can be an excellent option for those who are seeking permanent residence in the USA and there are some excellent and importantly well proven regional center programs to choose from. However, the importance of experienced and impartial advice from consultants with a track record should never be underestimated.
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Tags: consultants, E2, eb-5, F visa, H-1B, highest commission, immigrant investor, L1, permanent residence, regional center, track record, USA, visa, warning, Which EB-5 Posted in Immigration | No Comments » |
April 13th, 2010 |
 Latest EB5 Investment Visa News & Updates from the Which EB5 Newsletter
Increase in interest from China focused on concerns regarding the need for impartial and independent information – Chinese investors in particular have asked us questions on the programs which are viewed in the most favorable light, given the worldwide economic downturn. Chinese investment visa applicants are particularly interested in our views as we actually visit the regional centers and the fact that our book “Green Card via the Red Carpet” offers so much detailed information.
India has also seen increases in interest and Indian EB5 applicants have inquired about a number of programs – we have pointed out concerns that need to be looked at regarding some of the smaller more recent programs, again there are concerns regarding unqualified advice from EB5 visa agents in India who have not even visited centers they are recommending.
Increase in interest from the UK. From discussions with UK clients the key motivator appears to have been a substantial increase in the higher rate of tax. Concern over crime rates and schooling in the UK also seem to be key reasons for relocation to the USA.
An increasing number of families already in the USA on E2 and L1 visas have expressed concerns about issues regarding those visas and have been looking at the permanent residence/ green cards offered by the EB-5 visa as a more reassuring alternative.
If you would like regular copies of our investment visa newsletter please register right here.
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Tags: china, E2, eb-5, eb5, green card, Green Card via the Red Carpet, India, investment visa, L1, permanent residence, UK, USA, visa agents Posted in Immigration | No Comments » |
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