January 25th, 2012 |
 A recent question we were asked concerned the expiration of the EB5 regional center pilot program in September 2012. The client was concerned that if he chooses a particular regional center program that was slow to fill-up he could risk the project not being fully funded by the end of the program.
This is an important question that raises a number of issues:-
- The EB5 visa regional center pilot program is due to expire in September 2012 unless it is extended or made permanent by the US Congress.
- Currently applications are being processed by The United States Citizenship and Immigration service (USCIS) in a time period that can vary from less than two months to over a year.
- This time period can be longer if an applicant receives a Request for Further Evidence Notice (RFE) by USCIS, particularly if USCIS need more information specifically on the chosen program.
Although there are a number of regional centers currently offering EB5 visa projects they are certainly not all created equally.
Some regional center programs are well proven, have a lengthy 100% track record and have extensive evidence of performance. In certain cases, applications have taken under two months to be approved by USCIS.
Others regional centers struggle to attract investors and raise concerns whether they will attract enough investor funding to be able to fully fund their project. Some of these regional centers need a very high numbers of investors, others only need a small number to fill up.
If a program fails to be funded prior to the expiration of the pilot program and cannot raise enough alternative funding at a difficult time on capital markets, there may be cause for concern that a project may not go ahead which places the EB5 visa investor in a potentially risky situation.
There are a number of reasons that programs can face problems filling their spaces, these include:-
• Their marketing or sales process
• An inherent problem with the project
• Is it simply not an attractive project
For further detailed information on the many EB5 visa regional center programs contact Which EB5 for independent and experienced advice on EB5 visa matters.
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Tags: eb5, eb5 regional center, EB5 visa, Immigration, pilot program, regional center pilot program, request for further evidence, RFE, uscis, Which EB5
Posted in Immigration | No Comments » |
January 23rd, 2012 |
 “I’m buying a green card”
Speaking with a potential EB5 visa client recently he made the statement above and followed it up with “I’m prepared to pay $500,000 for a green card”
It still amazes me, maybe it shouldn’t, that in certain countries around the world potential EB5 visa applicants believe that the EB5 visa process is about them buying a green card.
The gentleman I was talking to, the one who made the statements above, was convinced that, whatever his choice of EB5 program, he would never see his $500,000 again.
Let’s spell out the facts: The EB5 program is NOT a “Green Backs for Green Card” program no matter what certain anti-immigration movements would have you believe.
With careful guidance, adequate due-diligence and by making a decision based upon facts, you can and should expect to get your $500,000 back in a definitive time. In addition, you certainly should expect to not only get conditional green card but to have the conditions removed after about two years; meaning you get to keep your green card and are not forced to leave the USA because the regional center project you chose did not create the required number of jobs.
Let’s be clear here; with so many regional center projects fighting to get their hands on your $500,000 you need to be careful. You need to rely on some expertise from outside sources including established, independent EB5 consultants, and an experienced EB5 attorney BUT, you also need to keep a clear head yourself and take responsibility for the final decision about who you are going to trust with your $500,000. Not all EB5 projects are created equal, not all EB5 projects will make sense to you. Expect to go through some level of confusion as you look at project documents.
The EB5 pilot program is a job creation program for the USA. The US government would not have invested so much time and effort recently into making this program a success if it were simply a cash for green cards program. No one can guarantee you anything about the EB5 visa program (guarantees are specifically forbidden in the EB5 program) but I can assure you that the USA government, the ethical EB5 regional center operators and we at Which EB5 all want you to get and keep your green card AND get your $500,000 back within a reasonable time frame.
I am a first generation immigrant to the USA myself; I understand so many of the thoughts and motivations that go through your head once you have made a decision to make the USA your home. I made mistakes, I trusted advice from fellow countrymen (I can explain why that can be a very dangerous thing to do) and I have been through the USCIS immigration process; I can help you and will be glad to talk about things you should be paying attention to as you prepare for and make the move to the USA.
+Stephen Parnell 
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Tags: attorney, due diligence, eb5, EB5 visa, green card, green cards, Immigration, pilot program, regional center, US Government
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 12th, 2011 |
 During a recent first contact with a potential EB-5 Visa client the following questions were asked. I thought it would help if I shared these questions with you in case some of them had crossed your mind.
Here are the questions:
What number can I call to get more details about this program over the phone?
You can call Which EB5 Visa experts at +1-561-771-1330 Press “0” for a live operator
Can you tell me which states are operating this program?
Approximately 26 States have Regional Centers at this time. The highest concentrations are: CA 16 – FL 8 – NY 6
What is the smallest investment required?
$500,000
Is it less in some other states?
No, the smallest is the same regardless of State.
How long is it before I get my green card?
At this time (timing does vary so please check with us for up to the minute updates) you should allow about 12 months for the entire process.
How much return would I get yearly, either divided or interest on my capital investment of $500,000?
That will depend entirely on your choice of Regional Center project.
Which state has better returns?
It is not State specific but rather project specific.
Is program under federal government supervision?
Yes. The USCIS approve each Regional Center and they have the ability to withdraw or cancel a centers designation.
Is it totally safe?
No. The rules of the EB-5 Regional Center program require your funds to be “at-risk”. Your choice of Regional Center project will dictate the amount of risk.
What is the visa quota for this program yearly?
A total of 10,000 with a set-aside of 3,000 explicitly for the regional center pilot program.
Is it county specific like other visas?
No restrictions as to country.
We hope you find this useful? If you have any questions about the EB-5 Visa program please do not hesitate to put your question(s) to the EB5 Visa Experts at Which EB5 by email or by calling +1-561-771-1330
+Stephen Parnell
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Tags: at risk, EB-5 Visa, eb5 experts, green card, pilot program, questions, regional center, uscis
Posted in Immigration | No Comments » |
November 11th, 2011 |
 Every program has its own set of strengths and weaknesses and one group of programs that has specific potential issues are the slower filling regional center programs.
These centers may be relatively new and unproven i.e. they have not yet obtained an I-526 approval.
A regional center may have been established to raise funds for a specific development project however, the owners may have severely underestimated the skills required to attract subscribers. They may have spent some money on glossy sales material and made marketing trips to China but a lack of a successful track record may make for a very slow rate of client interest.
Potential clients of these regional center projects face a number of risks including:
- If the program fails to attract enough money will the project go ahead?
- Will the required number of jobs be created?
- Are there a number of places that must be filled before it is practical for the project to go ahead?
- Will the slow filling of the program lead to delays in their visa application?
Many who are starting the EB-5 process to achieve permanent residency status in the USA (green cards) have found it useful to begin their research by reading a consumer orientated guide on the EB-5 visa pilot program such as Green Card via the Red Carpet.
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Tags: eb-5, EB-5 Visa, Green Card via the Red Carpet, I-526, pilot program, process, projects, regional center, slow
Posted in Immigration | No Comments » |
November 4th, 2011 |
 If you are thinking of immigrating to the USA but are concerned about the country’s economic position, and worry if the country is in terminal decline, you may find an article in Britain’s Daily Telegraph interesting.
Ambrose Evans-Pritchard, International Business Editor of the Telegraph makes a strong case that although the USA may have hit a difficult period, there is a strong likelihood the USA will continue as the strongest economic power.
The article refers to a number of experts including Francisco Blanch of The Bank of America, Harold Sirkin of The Boston Consulting Group, Sandra Pianalto Chief of the Philadelphia Fed, and Charles Dumas and Diana Choyleva from Lombard Street Research and authors of The American Phoenix.
The article includes a number of interesting points about the many advantages enjoyed by the USA including having many of the best Universities in the world and concludes that America may well recover its preeminent position in the world.
To read the article go to:- http://goo.gl/MBOi5
Many who are starting the EB-5 process to gain permanent residency status in the USA (green cards) have found it useful to begin their research 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 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: America, eb-5, EB-5 Visa, Green Card via the Red Carpet, pilot program, USA, Which EB-5
Posted in Immigration | No Comments » |
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