March 9th, 2010 |
 Using the EB-5 Visa to move from Canada to the USA? Tax Alert
The IRS has issued Revenue Procedure 2010-19 (“Deemed Dispositions by Individuals Emigrating from Canada”).The Revenue Procedure provides guidance on the new election procedure provided under the Fifth Protocol of the Canada/US tax treaty whereby individuals moving from Canada to the United States can elect an increased cost basis on their property for US income tax purposes.
Among other things, the Revenue Procedure describes the deadlines and procedures for making the election. In addition to other factors, distinctions are made:
1. For emigrations before March 29, 2010 and thereafter,
2. Between US citizens and nonresident aliens, and
3. Property that would have been subject to US tax on the ultimate sale, regardless of the emigration.
In many cases the individual must make the election on the individual’s timely filed US federal income tax return for the first year ending after the individual’s change of residence.Some elections may be time-barred under the statute of limitations.
Our thanks to International tax specialist Richard Brunton for this alert.
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Tags: Canada, eb5, international, IRS, tax, united states, visa
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March 8th, 2010 |
 Should you compare EB5 investor visa projects with the help of a lawyer? The situation is understandable; you are looking into the various regional center options for your choice of EB-5 program and are spending days, weeks maybe months (it may seem like a lifetime) searching the internet in an attempt to find information on the relative advantages, or just as importantly disadvantages, of the ever growing number of regional centers.
A number of the most experienced immigration lawyers do not provide guidance on choice of regional centers. Instead they focus on the legal aspects of the EB-5 visa. Indeed there have been a number of seminars where leading EB-5 immigration attorney’s have stressed that Immigration Lawyers should not be providing advice on your choice of regional center – their focus should be on the actual legal immigration process.
So you continue to search for useful information; such as how many successful applicants have each center processed, however, how helpful is that statistic? For example, if a program has a high number of non-English speaking applicants what are the implications that are not readily apparent from the bare statistics?
When a web site quotes comparative statistics how up to date and accurate are those statistics and indeed how meaningful? The US economy is still undergoing massive changes and regional center programs that were popular a couple of years ago, at a time of significantly higher returns, may require other considerations in the light of a more conservative attitude.
Another factor that is not readily apparent from the web is how are programs actually performing once fully subscribed? Have buildings been constructed, jobs been created, what issues have come to the surface and have investors had their monies returned?
If you are looking into regional center options for your choice of EB5 regional center independent, impartial information can be found on Which EB-5, contact Andrew Bartlett or Stephen Parnell to find out what they discovered on their visits to these regional center programs.
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available on Amazon
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Tags: amazon, America, andrew bartlett, eb-5, Green Card via the Red Carpet, immigration attorney, immigration lawyers, regional center, stephen parnell, visa
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March 5th, 2010 |
 This is an area that can be overlooked when looking into the various EB-5 investor visa regional center program options. Many ask what it means.
In summary, regional center programs vary considerably both in size and popularity. Some Centers have programs only requiring a few investors, some, such as a proposed car plant, will require hundreds even thousands of investors.
Some centers have an established track record and it is possible to determine how long it is likely to take for the program to be fully subscribed; with others there is very little evidence to go on.
However, the questions that need to be asked are:
• What happens if a program does not fully subscribe, can it then go ahead?
• If not, what happens to job creation?
• Will you ever get your money back?
These are clearly very important issues particularly in the current economic climate and ones that seem all too often to be receiving less than adequate attention.
Ask us what this means to the safety of your regional center choice. Contact the experts at Which EB5 for information on regional centers.
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Tags: application, eb-5, eb5, investor visa, job creation, money back, regional center, track record, visa
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March 4th, 2010 |
 When investing at least $500,000 in an EB5 visa it is absolutely critical that you receive the latest information and have immigration advice from an experienced EB5 lawyer.
We remain concerned that a number of investors are consulting us after they have already invested in a particular center and have only then discovered issues which are of concern to them.
We recently had a number of requests for advice following articles in newspapers about ongoing investigations by the FBI and Immigration authorities into a company that it is reported has potentially defrauded millions of dollars from a number of its clients.
It has also been reported that a number of the families requesting information had emigrated to the USA using this company and were concerned that their visas had possibly been obtained using incorrect information – the results of this could be very serious particularly for E2 and L1 visa holders coming up for renewal time.
We were particularly concerned that some of the blog sites reporting this case of fraud, including a couple from Attorneys, appear to have obtained the information from newspaper articles only and their information carried items that was factually incorrect.
It is absolutely critical that you are kept informed of the latest information when considering your EB-5 visa options. If you would like to be updated on the latest information or would like details of our free consultation and briefing sessions please contact us at Which EB5 visa.
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Tags: attorney, E2, eb-5 visa options, eb5, eb5 lawyer, Immigration, investor visa, L1, USA
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March 1st, 2010 |
 It is interesting to look beyond the headlines used to promote regional center programs.
Here are some example headlines we found and the reasons you need to explore deeper to expose ALL the details before you choose a regional center for your EB-5 visa.
1. “The only Designated Regional Center in the U.S. controlled and supervised by State Government.”
The Regional Center investments that operate under the banner of a state can sometimes confuse prospective investors in terms of the implications of this status. For example, has the “State Government” any responsibility for repayment of the investment? Some investors assume such designation may offer a safety net. Another question might be: What role does the state government play in the exit strategy regarding the then value of the investment?
Some regional centers, at different times, have made this claim. One program that operated under a State banner is reportedly the subject of litigation. This could raise raises questions as to how far the “state” supervised the program.
2. “A 100% success record for EB-5 Visa approval and faster approval times.”
Many centers have a 100% successful track record, at least at I-526 stage. As regards faster approval times; centers generally get approvals within the USCIS average time lines however, for specific reasons relating to “Requests for Further Evidence” RFEs, and the nature of some programs, some centers have had longer approval times.
3. “In 2009, a total of 4,218 wealthy investors from outside the U.S. successfully applied for and received an EB-5 visa. But many are left asking what has accounted for the recent interest the program has been receiving”?
Firstly a few points regarding these figures which may seem a little pedantic but are important for reasons that can be explained.
The figure quoted includes the spouse and children of the investors; it does not mean there were actually 4218 individual investments in regional centers. - Many investors have a spouse and at least one child so the number of actual investors is nearer a third of the total number of visas. Secondly, the figure for 2009 contains a substantial number who invested in 2008; delays in processing carried these over into 2009.
The main change to be aware of in the figures for 2009 is actually the nationality of investors, with a greater proportion of Chinese investors in particular. China has seen a significant sales focus by a number of regional centers and their agents based in China. This has meant certain programs have mainly Chinese investors whose particular motivation and awareness may have implications.
4. “The regional center returned my investment in three years.”
Three years is generally unrealistic given current review times. That is unless the client is selling out at the moment their I-829 petition is approved. This could be extremely dangerous
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet. You can read excerpts of the book at our book website and/or contact the authors via Which EB5.
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Tags: andrew bartlett, china, Chinese investors, eb-5, exit strategy, Green Card via the Red Carpet, I-526, I-829, investors, litigation, regional center, request for further evidence, RFE, state government, stephen parnell, uscis, value of the investment, visa, Which EB-5
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February 26th, 2010 |
 Consider the Pros & Cons of your EB-5 Visa Program Choice For those deciding which EB-5 regional center program to invest in, life was, in some ways, a lot easier a couple of years ago when there were only a few centers to choose from. Now with more than 75 regional centers it seems a lot more complex.
However, a number of these centers are not yet offering a program, some have no measurable statistics to analyze and others have not built up a critical number of applicants; does that make it easier or tougher?
Hardly a day goes by when we do not see a news headline in a local newspaper or magazine in the USA, flagging up an issue that will be of interest if you are considering a particular EB-5 program. However, although the number of centers would seem to make the choice more complex there is also more information available. In the early days of the program there was very little to go on. Now that some centers have been operating long enough it is possible to obtain details on which programs have returned the initial investment, where there have been I-829 (removal of conditions) refusals and why. Additionally, the USCIS have clarified some important points.
All in all, now there is at least more concrete information to base your decision on. For more questions and THE ALL IMPORTANT ANSWERS contact Which EB5
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Tags: eb-5, eb5, I-829, investment visa, regional center, USA, uscis
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February 25th, 2010 |
 Immigration with children requires detailed thought and planning Among the issues that we come across when we are troubleshooting are advising parents on how immigration will impact their children in terms of the initial move and then looking at the years ahead – how will their lifestyle work out in the USA as against their lifestyle in their current country of residence?
The areas that we have covered based on our experience in advising thousands of families on the move include: Why you wish to move and more critically, schooling and lifestyle benefits from the childs perspective.
The practicalities of the move include timing for each step in the process, the implications of areas to live and importantly schooling and the differences likely to be encountered with the US system.
A key aspect is the choice of a visa, as this may have a critical impact on child welfare as we have seen many times. In worst cases scenarios there are the implications of children facing deportation due to issues with specific visas which had not been taken fully into account.
You really do need to consider the whole picture before such a major lifestyle move. See chapter nine in Green Card via the Red Carpet, available at Amazon, which offers in-depth information on using the EB-5 investor visa program to gain rapid permanent residence status in the U.S.A.
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February 24th, 2010 |
 EB-5 Visa Program - Fastest Way to a Green Card? Each year we work with several hundred applicants keen to use the EB5 route to permanent residence in the USA. Their reasons vary – however the majority fall into three main groups.
1. Those seeking to retire and live permanently in the States, often in the warmer climate of Florida or California, who had not realized that a suitable visa option is now available.
2. Overseas students about to be educated at Universities and Colleges in the States who want to be able to work while they study, or those who have just graduated and want to remain and work in the States. The EB5 has been particularly attractive for students from India following complications with the few other options.
3. Those relocating to the States with their families who have found that the complications of the E2 visa and the L1 visa can make these options risky, particularly if their children have to leave the USA at 21.
Read Green Card via the Red Carpet for extensive information on the EB-5 Visa program
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Tags: california, E2, eb-5, eb5, florida, India, investment visa, L1, permanent residence, USA
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February 23rd, 2010 |
 There have been quite a number of families going through the final stages of the EB-5 visa process during the past few weeks.
We have been in regular contact with the families who we have been guiding through the challenges of their relocation to various parts of the US over the past months and this final stage, the consulate interview, can be something of a stomach churning time even for those with nerves of steel and despite the fact that the success rate to date is extremely good.
The EB-5 pilot program investor visa is a somewhat different visa process to many other types of application as the first stage (I-526) will have already been approved by the California service center, prior to the consulate interview.
However, there are still key points that the Attorneys we work with take clients through prior to their interview. An enormous advantage of specializing in EB5 visa relocation’s is that we have experience of taking many families successfully through the journey to obtain the visa; their feedback on the process can be invaluable if you are relocating to the States.
Andrew Bartlett and Stephen Parnell are authors of the recently released book on the EB-5 – Green Card via the Red Carpet
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Tags: attorneys, consular interviews, eb-5, eb5, Green Card via the Red Carpet, I-526, investor visa, relocating to the states
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February 22nd, 2010 |
 Why settle for half the story? It is interesting how potential immigrants from various countries have different priorities when looking at the regional center program options. In working with clients from around the world it has surprised us how this can affect the regional center program that different nationalities may opt for. We remain concerned that not all potential immigrants are always given in-depth explanations concerning the range of options. This can have a major potential impact:-
For example: Some programs may seem an excellent option in terms of successfully completing the initial I-526 petition stage and the two year conditional green card approval. HOWEVER, this is only half the story. It is also necessary to have the conditions removed (I-829 petition) plus most investors are hoping for the return of their investment after a finite number of years. The implications of this require detailed explanation on the implications of past performance.
Andrew Bartlett and Stephen Parnell are authors of the recently released book on the EB-5 – Green Card via the Red Carpet
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Tags: eb-5, Green Card via the Red Carpet, I-526, I-829, investor green card, regional center
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