October 30th, 2009 |
These type of programs focus on your $500,000 investment (in an approved regional center program) being used as part of a fixed term loan to a company, business or economic development agency, rather than being used as a direct investment in a specific building, resort or enterprise.
This type of program is becoming increasingly popular as many potential EB-5 visa investors are focusing on three issues:-
• Obtaining their green cards in a timely manner
• Having conditions removed after two years
• Maximizing the likelihood of the return of their $500,000
Effectively, rather than investing in programs such as commercial real estate, resorts and mixed fund investments which may not have a clear specific and dated exit strategy, an alternative is to invest in a regional center program which loans the funds to an infrastructure development project, such as developing roads, sewerage systems etc. The loan has a specific time period usually five or six years.
Such programs may have several advantages namely:-
• The exit strategy is clear and a defined end to your investment is indicated
• The projects may be with quasi public sector agencies, which in the current economic climate may be seen by some clients as a viable alternative to private companies.
• Some well structured programs use an advantageous job creation model – in effect this may reduce the worries posed by other models
However there are very few proven center currently operating this program, if you would like further details please contact Which EB-5 at: info@whicheb5.com
The EB-5 Investor Green Card regional center visa program is an excellent way to quickly become a permanent resident of the United States. Which EB5 researches regional centers; you make the same investment plus get all the independent advice of Which EB-5 at no cost to you.
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Tags: commercial real estate, eb-5, economic climate, economic development agency, exit stratergy, green card, independent advice, infrastructure, investor green card, investors, job creation, mixed fund investment, quasi public, regional center, resorts, specific time, visa, Which EB-5
Posted in Immigration | No Comments » |
October 29th, 2009 |
H.R. 2892 signed by the President. Now the process is complete and we have an official 3-year extension to the EB-5 program.
This bill, now signed into law by President Obama, gives everyone interested in the EB-5 as a route to Legal Permanent Residence confidence that the U.S. Government is firmly behind the program.
Contact info@whicheb5.com for further details and information.
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Tags: eb-5, extended, legal permanent resident, visa
Posted in Immigration | No Comments » |
October 29th, 2009 |
The recent AILA (American Immigration Lawyers Association) conference in California attended by Immigration Attorneys and Government Representatives from the department of Homeland Security (USCIS) focused on the EB-5 immigrant investor visa option. One of the key issues debated in detail at the conference was the role of immigration attorneys in the EB5 process and why immigration attorneys might want to focus on immigration advice rather than facing potential ethical issues, and perhaps even a conflict of interest, by providing advice to clients on choosing a regional center.
A number of speakers emphasized that the immigration attorney is naturally the right specialist for immigration advice but possibly inappropriate for advice on which regional center to choose.
Issues that potential EB-5 applicants should be aware of include:-
• Some centers require the EB5 visa investor to use a particular attorney – What are the implications in this for you the applicant?
• In some cases, attorneys also advise the very centers they are presenting and offering to the client. Is this a possible conflict of interest?
• If offering advice on choosing a regional center, has the attorney taken the time to visit the centers in question?
• How many actual I-526 petitions and I-829’s has the Attorney processed?
Your choice of immigration attorney is very important. It is imperative that your chosen attorney not only be an experienced immigration attorney but also have considerable experience, preferably with multiple regional centers, in the filing of EB-5 visa petitions too.
For an in-depth look at the role of attorneys in the EB-5 selection process see: Ethical And Practical Considerations In EB-5 Representation by Carolyn S. Lee
Questions and concerns regarding choice of EB-5 attorneys are welcome at WhichEb5 Blog. Please email: info@whicheb5.com
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Tags: AILA, American Immigration Lawyers Association, application, Carolyn S. Lee, Department of Homeland Security, eb-5, eb5, Ethical And Practical Considerations In EB-5 Representation, I-526, I-829, immigrant investor, immigration attorney, regional center, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
October 28th, 2009 |
Once our clients have gone through the various regional center options and arrived at their preferred choice, some feel they want further independent advice from a chartered accountant and a business attorney to provide due diligence. Although our clients use a specialized immigration attorney to undertake the actual EB5 visa application for them, they sometimes also require the reassurance of an accountant looking over the financial viability of the program and legal reassurance from a business attorney looking at the legal side of the regional center business entity itself.
It can be an important step to retain a business attorney to examine the legal documents which govern the functioning of the EB-5 project entity (typically a limited partnership) in which you would be investing in the regional center. These include the subscription agreement, the partnership agreement, as well as comparing the provisions of these documents with the information presented in the offering prospectus.
Some regional center projects are based on the limited partnership lending money to private sector or government entities, and so then it would also be wise to have the business attorney examine the loan documents and the terms of the loan. Working in conjunction with a CPA (“Certified Public Accountant”) or business evaluator, to examine the creditworthiness of the borrower in the loan structure.
It can be useful to consult with a CPA or a business evaluator in assessing the security of the investment in the regional center’s project. Moreover, a CPA who is experienced in advising international clients can also help you to carry out your tax planning prior to becoming a U.S. tax resident, which typically occurs once the investor becomes a legal permanent resident (LPR). This is another important aspect of the investor’s planning to protect himself financially.
Until quite recently finding the expertise necessary to carry out these functions at a reasonable price has been difficult, particularly using specialist professionals who have previous experience of analyzing EB-5 regional center investments. However, WhichEB-5 have identified chartered accountants and business attorneys who have experience of working in this area for our EB-5 clients , if you would like further information simply send us an email with an outline of your thoughts and needs and we will respond immediately. Contact Which EB5 at info@WhichEB5.com
The EB-5 Investor Green Card regional center visa program is an excellent way to quickly become a permanent resident of the United States. Which EB5 researches regional centers; you make the same investment plus get all the independent advice of Which EB-5 at no cost to you.
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Tags: application, business attorney, certified public accountant, chartered accountant, CPA, due diligence, eb-5, eb-5 project, eb5, immigration attorney, independent advice, investments, legal permanent resident, limited partnership, LPR, options, regional center, successful, tax planning, visa, Which EB-5
Posted in Immigration | No Comments » |
October 27th, 2009 |
How to Choose an EB-5 consultant
Choosing a consultant to guide you through the different EB5 regional centers programs can be an important first stage for potential EB-5 immigrant investors. Key points you need to consider include:
• Are the consultants truly independent, or are they associated with a particular regional center, acting more as an agent of that center rather than providing impartial and independent advice?
• Do they charge you a fee?
• Have the Consultants actually visited the proven centers? By visiting we mean an in-depth look and review of the center, not just attending a conducted tour and arranging a photo opportunity.
• Are the Consultants doubling up as the Immigration Attorneys who are advising you?
If so there may be a conflict of interest and an ethical dimension which has been the subject of much discussion at the recent (American Immigration Lawyers Association) AILA conference in California. At this Conference leading specialist EB-5 immigration Attorneys advised that while Attorneys working with clients on the EB5 visa should obviously provide advice on immigration law, they should not necessarily be giving advice on the relative positive and negative aspects of the regional center programs.
• How many actual EB-5 immigrants have they advised, what is their success and failure rate?
• Which centers have they recommended? One or several?
• What is the range of information they provide?
It is all very well knowing who the directors of the regional centers are , what the track record of the regional centers is, and how many EB-5 visa applicants they have attracted, but all these facts miss far more important points that are critical in the current economic times.
• What is the difference between equity and loan based programs?
• What is their knowledge on economic and job creation methodology?
• Do they have links to the leading independent EB-5 immigration attorneys, economists, international chartered accountants and business attorneys?
Please feel free to email your questions or concerns on selecting an EB-5 consultant to: info@whicheeb5.com
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Tags: agent, AILA, American Immigration Lawyers Association, applicants, conflict of interest, consultant, eb-5, eb5, ethical, fee, immigrant investor, immigration attorney, immigration law, impartial, independent, job creation methodology, questions, regional center, visa, Which EB-5
Posted in Immigration | No Comments » |
October 20th, 2009 |
Yesterday I was at the American Immigration Lawyers Association (AILA) EB-5 Conference in San Francisco. Many of the areas of discussion will be important to those of you presently looking into the EB-5 regional center visa route and over the next few days I will highlight those topics which will have a bearing on your decision.
One point covered several times was concern with the sheer number of regional centers being approved by USCIS and the potential consequences for you as an immigrant investor faced with these choices. If you make the wrong decision you face not only losing your permanent resident status after two years, but also your $500,000 or in some cases $1,000,000 investment.
It was clear from talking to Government officials and Attorneys at the Conference that certain types of programs have potentially concerning attributes (in a number of ways), whereas others seem to offer a simpler, some might say safer, route. Over the next week I will cover these issues for you, as well as update you on the regional centers in California I am visiting this week.
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Tags: AILA, attorney, california, eb-5, eb5, government officials, immigrant investor, investment, permanent residence, regional center, uscis, visa
Posted in Immigration | No Comments » |
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