Which EB5
How does the popularity of a regional center relate to the success of an EB5 visa application?
March 5th, 2010

how many investors in this regional centerThis 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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Choosing an Immigration Attorney for your EB-5 application
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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What is the next step in a successful EB-5 visa application?
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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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person.