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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 » |
December 13th, 2011 |
Following arrests in 2009 the Canadian Government have now sent letters to more than 6000 people informing them that their citizenship or permanent residence is being revoked due to fraud.
These cases are tied to three immigration consultants who allegedly supplied false documents to the clients to support their applications for permanent residency.
The Canadian government has taken action against citizenship fraud for some time now. The “Cracking Down on Crooked Consultants Act”, imposes tough penalties for immigration consultants convicted of fraud, including fines and/or prison.
According to Canadian Citizenship and Immigration rules, to maintain permanent resident status a person must reside in Canada for at least two years within a five-year period.
Although we have not seen anything of this magnitude in the U.S. EB-5 Visa program, it does bring to mind a question we are often asked regarding the length of time you, as a U.S. permanent resident, need to stay in the USA versus the amount of time you spend out of the country.
As a visitor to the U.S. you will typically be asked by the Customs and Border Patrol agent (CBP) when you arrive “How long are you planning to stay”? This question is reversed once you are a permanent resident into “How long have you been away”?
If you, as a potential EB-5 Visa client, need to ask the following question:
“How long do I need to stay in the USA each year?” we can set-up a free consultation for you with an experienced EB-5 attorney to discuss your plans. This way you can make sure that you follow all the rules of US Permanent residence and perhaps most importantly, you are fully aware of all the rules before taking the first steps towards your own U.S. Citizenship.
Fraud, of any kind, can only ruin lives and damage theses important immigration programs from a public perception point-of-view. All EB-5 stakeholders we work with are doing everything within their power to increase awareness of the EB-5 program from a positive viewpoint. We certainly do not want to hear of any news that might bring the program into disrepute. We would ask that if you, as a potential EB5 applicant, have any questions, that you seek answers from an established, experienced source BEFORE taking any action that could harm your chances of a successful EB5 application and/or damage the program in any way.
If you would like to get an expert opinion (or a second opinion) on any aspects of the EB-5 Visa program, please contact us at Which EB5 via Email or by telephone at +1-561-771-1330. You can also use the Live Chat service on our Which EB5 website or Blog.
+Stephen Parnell
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Tags: CBP, eb-5, EB-5 Visa, experienced eb-5 attorney, How long do I need to stay in the USA each year, immigration consultants, permanent residence, permanent residency, U.S. Citizenship, USA, Which EB-5
Posted in Immigration | No Comments » |
October 27th, 2011 |
 A report in the economic section of The Times of India recently looked at the EB-5 visa as the fastest route to gain permanent residency status in The USA for the applicant and their immediate family.
The article quoted Stephanie Ostapowich of The United States Citizenship and Immigration Service (USCIS) as stating “The programme facilitates foreign entrepreneurs’ capital investment that creates or preserves US jobs by supporting the establishment of new commercial enterprises or help troubled US-based businesses in economically distressed areas.”
The article also quoted recent reports by the National Foundation for American Policy which tracks immigration data. The report stated that getting a Green Card for Indians who have received a university degree from the US can take many years given the large number of visa-seekers and the limited number of visas available. Indian Green Card seekers who have a degree from an American University typically apply in the EB3 visa category.
The EB-5 visa may be of particular interest to wealthy Indian families whose children wish to pursue a University degree and then a career in the USA. Permanent residency status can enable a student to immediately benefit from lower tuition fees and work wherever they like without restriction in the USA. However, the article contains some information which requires closer examination as it indicates investments in a certain program have been retained on average 28 months. This cannot be correct if those investments had been to secure an EB-5 visa. Processing and holding requirements would make it unlikely that funds could be returned before a minimum of four years from the initial inception.
The EB-5 visa requires a commitment of $500,000 in a Regional Center program; the United States Citizenship and Immigration service (USCIS) have so far approved nearly 200 such centers. However, their performance is extremely variable, some have a 100% track record where others are the subject of ongoing investigation by the authorities.
Many who are starting the EB-5 process have found it useful to begin researching the EB-5 by reading the only published consumer guide on the EB-5 visa pilot program: Green Card via the Red Carpet.
Which EB5 has a 100% track record in assisting Indian applicants in obtaining an EB-5 Visa.
To receive the latest independent information on the EB-5 contact Chase Brodsky at Which EB5
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Tags: eb-5, EB-5 Visa, EB3, green card, Green Card via the Red Carpet, Immigration, India, indian, National Foundation for American Policy, permanent residency, student, Times of India, uscis, visa, 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 » |
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 » |
April 18th, 2011 |
One of the big advantages of the EB-5 visa is that it provides relatively fast permanent residency to the USA without the disadvantage of a lengthy waiting list.
Some other visa categories are a problem in that they do not provide permanent residency and require applicants to renew them every few years so one can never feel truly secure in the USA.
Other categories such as the H1-B and H2-B have quotas which can fill up quickly; others such as the EB-2 and EB-3 have levels of demand which far exceed supply.
The easier availability of the EB-5 explains its popularity among immigrants who wish to invest $500,000 for in the USA as a method of obtaining permanent residents for themselves and their immediate family.
If you are looking to obtain a relatively fast route into the USA and would like to discuss your options contact Which EB5
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Tags: E2, eb-2, eb-3, eb-5, H-1B, permanent residency, USA, visa
Posted in Immigration | No Comments » |
February 28th, 2011 |
 There are a number of benefits in obtaining an EB-5 visa, these include –
- Legal permanent residents admitted through the EB-5 Investor visa enjoy many of the benefits of United States Citizens. Permanent residency requires no renewal or re-application. Other U.S. non-immigrant visas, such as E-2 and H1, often never result in permanent residency, have time limits, and require additional filing with USCIS the Department of State and can require travel to the US consulate in your home country every few years. Furthermore, U.S. immigration laws could change and prevent future approval when visa renewal becomes due.
- The United States is considered by many a safe haven for their family. Any member of the family granted a Green Card can come into the U.S. at any time and stay as long as they wish (subject to certain conditions regarding length of time when they leave the USA).
- EB-5 investors have constant easy access to the United States for personal and business purposes.
- Permanent residents can travel to the U.S. without the need of a visa. (they will need their green card) EB5 Investors may live, retire work, or own their own business anywhere in the United States.
- The U.S. has internationally recognized colleges and universities for both basic education and graduate study. These do vary enormously so it is worth seeking professional advice on this point. As a resident the EB 5 investor can benefit from lower tuition costs, particularly in your state of residence.
- The cost of living in the U.S. is often considered lower than other industrial nations. Consumer goods, services, and housing can be considerably less expensive than comparable goods and services in many other countries.
- Students may work in the U.S. while they attend college and thus help to offset tuition costs. They may also continue to work after graduation.
- The U.S. provides many financial, social and education entitlements: public schools, education and, after a period of contribution, medical and social security benefits.
- The investor has the ability to bring other family members to the U.S. and obtain U.S. citizenship – after 5 years.
More details on the EB-5 visa and green card are available from EB-5 Visa Experts where, If you are considering the EB5 visa, you can get a free evaluation of your case by a leading immigration attorney.
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Tags: benefits, citizens, citizenship, eb-5, green card, investors, permanent residency, students, united states, uscis, visa
Posted in Immigration | No Comments » |
December 9th, 2009 |
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We were recently approached by a journalist writing an article for the British newspaper The Daily Mail and apparently this is a question many are currently asking. The question seems simple enough, but from our long experience we know it is a question that can so often lead to misleading information and trouble down the road.
The reason is simple, by asking how do I emigrate to the USA the questioner is already starting off by missing a key point.
By way of explanation let’s examine who may answer the question –
If a consultant or business broker is asked the question, many may flag up the E2 or L1 visa options. These visas are often tied in with an opportunity for commission for that consultant or business broker. However, that motivation may not be clear to the potential emigrant, and it may not be explained that these visas do not necessarily provide permanent residency rights. Without permanent residency a whole trail of difficult issues can crop up at a later date, this may lead to possible deportation. For this reason, certain emigrants looking at the E2 or L1 routes and buying a business of a certain size, may have been better looking at the EB-5 visa which provides for permanent residency.
An immigration attorney may also approach the question from the angle of how you can emigrate, rather than should you? and what are the lifestyle implications for your family. In other words should you even do it, or will your family wish you were back in your original country in a few months or years?
Some asking the question how do I emigrate to the USA seek advice from an emigration blog. However, this again can cause problems. For example, those that reply in a positive tone may not realize that although they were happy with the route they have taken, it may lead to issues later on. Example: Simply because they took an E2 visa and bought a business that has worked out for them does not mean that they will not eventually face problems. They may not realize at this stage that eventuality they may need to leave the States due to non renewal, business failure, or a child having to leave at age 21.
For more information contact Andrew Bartlett at: andrew@whicheb5.com
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Tags: E2, eb-5, emigrate to the usa, immigration attorney, L1, permanent residency, visa
Posted in Immigration | No Comments » |
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