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 20th, 2011 |
 An article in the New York Times has highlighted a potential weakness in the EB-5 visa program that may impact on certain regional center projects. The EB-5 visa requires an applicant to invest $500,000 to $1,000,000 in what are termed regional centers; these centers are approved by The United States Citizenship and Immigration Service (USCIS).
The EB-5 visa has proved an increasingly popular choice in 2011, interest in the program has grown so fast that the USCIS are attempting to streamline the application process.
Given the tightening of credit availability the EB-5 has been viewed by some real estate developers as the ideal way to raise funds, particularly for construction projects.
The idea behind the program is to create jobs, ten per $500,000 investment in targeted employment areas [T.E.A’s]
An examination of the program by The New York Times suggests that in New York, developers and state officials could be stretching the rules to qualify projects for this foreign financing.
There is concern that developers are relying on gerrymandering techniques to create development zones that are meant to be in areas of high unemployment (thus qualifying for the $500,000 investment) but according to federal and state records are in prosperous ones.
The article mentions as a prominent project the International Gem Tower, a 34 storey glass tower in Manhattan that is to cost $750 million with one fifth of the funding coming from EB-5 applicants.
Although it is being built in an area that is reported as one of the wealthiest in the country, the Times reports that through the selective use of census statistics the project falls under (the $500,000) EB-5 requirements.
The newspaper reported that during an interview a senior federal immigration official, Alejandro Mayorkas, acknowledged that the program may need more scrutiny and maps being approved by certain states might not adhere to the spirit and intent of regulations.
There is mention of another area which has been classified as being located as an area that needs help attracting jobs; however there are concerns that the zone resembles a gerrymandered political district.
The article does raise an issue that may be of concern, in that if a particular EB-5 project is judged not to be in a properly qualified Targeted Employment or Rural area the $500,000 investment should actually be $1,000,000.
The continued importance of obtaining independent impartial advice before considering a move to the USA, using the EB-5 visa program, is critical. As a first step it is worth studying the only published consumer guide on the EB-5 process Green Card via the Red Carpet which is available at Amazon.
For personal, one-on-one, impartial information on the EB-5 visa contact Which EB-5 via Email or telephone at +1-561-771-1330
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Tags: Alejandro Mayorkas, amazon, eb-5, EB-5 requirements, EB-5 Visa, gerrymandering, Green Card via the Red Carpet, International Gem Tower, Manhattan, New York Times, regional center, TEA, uscis, Which EB-5
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 » |
December 5th, 2011 |
Over the past few years several thousand families have relocated to the USA using the EB-5 immigrant investor visa. One advantage of this particular visa program is that it has, to date, always had places available and allows the entire family to get permanent residence (the applicant, spouse and unmarried children under 21).
The EB5 Visa (regional center program) requires you to invest $500,000 in what is termed a regional center program. The United States Citizenship and Immigration Service (USCIS) have authorized over 200 of these programs.
The type of investment programs vary greatly as does the time period for investment, the current minimum period being four years. As there are so many programs on offer it is not surprising many potential applicants seek independent advice before determining which regional center best matches their requirements. After all, if you make the right choice you stand to get permanent residency status and the return of your $500,000 capital in a reasonable timeframe. However, if you make the wrong choice, you and your family can face potential deportation and the loss of some or even all of your $500,000.
Finding the best independent EB5 advice will not always be as easy as you might expect given that some companies claiming to offer advice that is independent or impartial can be compromised by their close ties to a particular regional center. As an example, some companies undertake seminar programs in various parts of the world in partnership with specific regional centers. They may benefit from sales to the center either in receiving a marketing fee or commission for the number of sales made. In such circumstances you may need to question the impartiality of the advice given, are they likely to point out the weaknesses of a regional center they are closely working with? Are they likely to point out the advantages of other regional center programs that may actually offer you a better option?
Such arrangements can lead to concerns over a potential conflict of interest and the question; are you and your family receiving truly independent advice?
Sometimes a company claiming to be giving independent advice may be actually recommending one particular regional center; indeed it may be the one their founders used when they immigrated to the USA.
Again, in such a situation you are not obtaining the widest possible explanation of the alternatives, including the important positive and negative aspects. Instead you may be receiving a one-dimensional sales pitch to invest in that one regional center.
If you are wondering by now how you can discover the impartiality or otherwise of any consulting company you may use when looking at “What is the best way to choose an EB5 regional center” here are a few pointers as to questions you can ask?
- Since the consultancy company was formed how many of their clients have obtained EB5 visas?
- How many of those clients have obtained I-829 approval? (This is an important stage of the EB-5 process, when conditions are removed from the visa after two years).
- How many different Regional Center programs have their clients chosen? Is it just one or two or is there a much wider range of regional centers the consultancy has clients in?
- Have the consultancy partnered up with a particular regional center on joint sales and marketing trips to various countries?
- Does the company website or correspondence contain content indicating a partnership with one or more regional centers? Do phrases appear such as “I will send you a free information pack all about the Regional Center that we most like to work with”. This has specific implications that the consultancy may be working closely with one particular regional center of their choice rather than providing broader based information on the EB5 program.
- Does the company website contain photos of staff working jointly with a particular regional center at overseas seminars and exhibitions? Again this may raise cause for concern about a potential conflict of interest.
- Have the companies’ staff actually carried out research visits to a significant number of regional center projects? If so the visits need to be in-depth over several days looking into the background of programs.
- Does the company charge you a fee to give you advice? It is not necessary for you to pay a fee.
Immigrating to the USA with your family is a big decision and it absolutely imperative that you receive the best independent and impartial advice available. It is particularly important that you are not fooled into thinking you are receiving independent advice when the consultancy you are considering working with is working on behalf of only one regional center.
Independent EB-5 Visa advice and information is available from Which EB5 – Simply request EB5 information here
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Tags: conflict of interest, EB-5 Visa, eb5, EB5 visa, I-829, independent advice, independent eb5 advice, regional center, USA, uscis, What is the best way to choose an EB5 regional center
Posted in Immigration | No Comments » |
November 28th, 2011 |
 As we approach the end of the year it is normal for people all across the world to be busy with typical holiday time preparations and as such we normally see a marked downturn in new client contact. However, this year, in contrast to previous years, we are seeing continued strong demand for advice and guidance on all aspects of a potential move to the USA using the EB-5 Visa program.
A variety of factors are apparently at play here:
- Continued trouble, both financial and political, around the world
- A recent rally by the US Dollar that may continue, at least for a while, in light of the Euro debacle – This is seen by many as a sign that a move to the USA should be considered now and not later when the cost of exchanging local currency into $500,000 could potentially increase
- Recent figures from the United States Citizenship and Immigration Service (USCIS) that the number of applications for the EB-5 Visa continues to climb, with the thought, that at some point in the near future, we might reach the annual maximum of 10,000 Visas
- Continued focus on the EB-5 program by Alejandro Mayorkas – Director, U.S. Citizenship and Immigration Service. Director Mayorkas is devoting considerable effort into streamlining the EB-5 program and he continues to make progress in that direction leading to increased awareness of the benefits this program offers potential immigrants
These are just some of the reasons we continue to see a very bright future for the EB-5 program. However, recently you may have noticed, in our blog postings that we continue to warn of the dangers of NOT obtaining experienced advice when considering the EB5 as your path to a new life in the USA. I would like to reinforce that warning again today. We continue to see new so-called experts enter the arena offering advice on the EB-5 program. All I can say is please ask anyone you may be considering as an EB5 consultant or advisor:
- How many clients they consult with each month
- How many successful I-526 petitions do they have
- Do they have any successful I-829 petitions
- How many Regional Centers have they successfully guided clients through
- How long have they been advising on the EB-5 program
- Which experts do they use to provide legal, investment, accounting and currency exchange advice to their clients
If you cannot get satisfactory answers to those questions please call +1-561-771-1330 or email info@WhichEB5.com for advice – We look forward to adding you to our long list of clients
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Tags: advice, advisor, Alejandro Mayorkas, consultant, eb-5, EB-5 Visa, eb5, I-526, I-829, immigrants, investment, legal, regional center, USA, uscis, Which EB-5
Posted in Immigration | No Comments » |
November 8th, 2011 |
 Sometimes we are contacted by potential immigrants who have decided to make an EB-5 visa application for permanent residence in the USA. However, there is one significant problem with the enquiries we receive from certain clients; they have already selected a regional center program and committed their $500,000 to a project.
While it is very important to carry out a detailed investigation through due diligence, to make sure all the detailed information is available upon which to select the most appropriate regional center program, it is crucial to do this before making an application, not afterwards!
It would seem that a number of EB-5 clients only do limited research before attending a sales presentation by a regional center, attorney or selling agent. They then get caught up in the sales hype put out at the presentation, signing up either at the presentation or shortly afterwards without carrying out thorough, detailed, independent research.
It is generally too late to undertake due diligence after an applicant has started the submission process to USCIS. This is particularly unfortunate if they have selected a program which, despite the claims made in its sales material, has some serious flaws which could lead to some significant problems at a later stage, such as refusal of the I-829 petition (a potential reason for deportation) or a flawed program and loss of some or all of their $500,000 capital.
To receive the latest independent information on the EB-5 visa contact Which EB5
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Tags: due diligence, EB-5 clients, EB-5 Visa, I-829, research, too late, uscis, Which EB-5
Posted in Immigration | No Comments » |
November 7th, 2011 |
 For those applying for permanent residence in the USA via the EB-5 regional center visa program the process certainly seemed a lot simpler a few years ago. For a start there were only a handful of regional centers to choose from in 2007 where today there are about 200 approved by United States citizenship and Immigration service (USCIS) to offer programs.
Despite concerns at the time that those early investors were entering unchartered waters all those first few centers have remained in business several years later.
Nowadays the EB-5 visa has given birth to a whole industry, but all is not always as it seems. Sales and marketing hype has become an increasing feature with promises and guarantees made that are unlikely to always be kept. A number of regional center programs have been terminated by USCIS not long after opening but having already recruited unfortunate Chinese clients.
A few people who used to champion the protection of the EB-5 applicant and warn about the dangers of the sales people have themselves become sales people sometimes selling their own products in China.
It has become ever more important to get detailed impartial, independent information from experienced experts before choosing the EB-5 regional center programs that best matches your own specific requirements.
Many who are starting the EB-5 process to achieve permanent residence 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.
To receive the latest independent information on the EB-5 visa contact Which EB5
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Tags: chinese, eb-5, EB-5 Visa, experianced, green card, Green Card via the Red Carpet, impartial, independent, permanent residence, regional center, USA, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
November 2nd, 2011 |
 It seems that hardly a day goes by without the announcement of yet another regional center program that has been approved by The United States Citizenship and Immigration Service (USCIS). With the number of approved centers likely to head any day beyond the 200 figure some may feel that choice is a good thing, after all choice is very much the American way.
Although the choice certainly offers many options for the prospective EB-5 applicant it also raises some potential problems. The EB-5 is after all a visa requiring longer term considerations such as:-
• Will the all-important ten jobs be created?
• Will I get my I-829 or face potential deportation after living in the USA for two years?
• Will I get my $500,000 back?
New regional centers cannot refer to a measurable track record on any of the above issues and are not able to be easily compared against programs from existing regional centers. However, not all the established regional centers have been trouble-free either. One of the longest established and largest regional center programs has had refusals at the I-829 stage and has a long-standing request for further evidence (RFE) on one of its more recent programs.
There are regional centers that have an excellent track record and newer ones that maybe worthwhile prospects, the importance of doing in-depth due diligence cannot be under estimated.
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 the only published consumer guide on the EB-5 visa pilot program Green Card via the Red Carpet.
WhichEB5 has a 100% track record in assisting applicants from all over the world in obtaining an EB-5 visa.
To receive the latest independent information on the EB-5 contact info@WhichEB5.com
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Tags: due diligence, eb-5, green card, I-829, regional center, removal of conditions, USA, uscis, visa
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
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