August 20th, 2010 |
As the EB-5 visa has become increasingly popular among people looking to immigrate to the USA, questions are being raised about the quality of advice they are receiving. Is it impartial and what are the motives behind the information they are given?
By way of background, the EB-5 visa has a pilot program which is due to end in 2012. The program requires an investment of $500,000 which needs to be in one of approximately 100 government approved regional centers. These regional centers need to create ten jobs per investor in what is termed a Targeted Employment Area (TEA), in areas of specific higher unemployment.
The attractiveness of the visa program is that it can provide one of the fastest routes to permanent residency (Green Card) in the USA for the applicant, their spouse and children.
Many potential applicants who seek impartial and independent advice on the advantages and disadvantages of the various EB-5 programs tend to approach attorneys or consultants to provide them with the facts. However, recent feedback has highlighted issues with some of the advice that is given.
EB-5 applicants require detailed specific legal advice on the visa itself. There are a number of specialized immigration attorneys who have successfully processed multiple EB-5 applications. Interestingly a number of the most respected and experienced of these specialist attorneys have voiced concern over a possible conflict of interest if the EB-5 attorney/lawyer also recommends a particular regional center investment (which pays them a finder’s fee) as well as carrying out the applicants legal work.
Another consideration may be how much knowledge the attorney has on the pros and cons of the various centers. It certainly is more difficult to know all the ins and outs of the various centers without visiting them and having a good look around, how many attorneys have done that?
Applicants also may turn to consultants who specialize in the EB-5 visa for advice and again there have been concerns raised about the actions of some of these people.
Problems may occur if consultants only work with one or two centers and are in reality agents of those centers. Given that there have been issues with some regional center programs leading to rejection of visa applications, as well as instances of funds being allegedly stolen, it is important to get all the facts from ethical experienced EB5 consultants with a proven track record.
There are also concerns if consultants have a potential conflict of interest in that they also market their services to regional centers to advise them, provide marketing or sales advice, or set out to recruit applicants for them. Concern is focused on a possible conflict of interest if a consultant is being paid an advisory fee by one or more regional centers and giving advice on how to target applicants as well as providing, on the face of it, impartial advice to prospective applicants.
One of the few published books on immigration using the EB-5 suggests, when selecting an EB5 consultant, the following questions should be asked:-
- Do you also provide paid advice to any regional centers?
- Have you ever been paid to advise regional centers?
- Do you have an immigration attorney working with you who has made multiple successful EB-5 applications to different regional centers?
- How many successful and unsuccessful EB-5 applicants have you advised?
- Which countries do these applicants come from, can we speak to them?
- Have any of your senior officers ever had any convictions or citations or debars from any national, state business or professional organization?
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Tags: attorney, consultants, eb-5, green card, immigrate, permanent residence, pilot program, regional center, USA, visa
Posted in Immigration | No Comments » |
August 16th, 2010 |
If you would like to read the latest articles from Which EB5 you can find links to them at the Which EB5 Twitter page. Here are a list of the titles:
- EB-5 Consultants and Attorneys – Whose side are they on?
- Has anyone ever got their money back from the EB-5 visa program?
- Is the EB-5 visa going to buy you the American dream?
- Myths about the EB-5 Regional Center investment Visa.
- How do I choose an EB-5 regional center?
- Can you buy your way into the USA?
While you are there why not sign-up to follow us on Twitter so you can be one of the first to know when we have news on the EB5 to share?
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Tags: articles, attorney, consultants, eb-5, investment visa, regional center, twitter, USA, visa
Posted in Immigration | No Comments » |
July 30th, 2010 |
 The family had spent some considerable time investigating options for immigration to different countries with their short list comprising Australia, Canada and the United States. They had concerns regarding the climate being too cold for much of the year in Canada and felt Australia was less central for their business requirements than the USA, deciding that California was the best match for their needs. Once they had determined that California most suited them they had spoken to an Attorney regarding visa options and she had put them in touch with WhichEB5 to take them through the various regional center programs. The family was particularly concerned that once they received the visa there should be no problems at the two year stage (the removal of conditions) so were very insistent that the center should have a proven and straightforward record of job creation. They also did not want a project that could have difficulty obtaining subscribers, in case it did not reach a critical mass and then failed to go ahead. Finally exit strategy and the return of their funds was an important consideration. These specific requirements considerably narrowed down the range of options and after discussing these with them over a number of internet phone conversations, a meeting was held at our office and subsequently they visited three regional centers. Their final decision was based on these visits with the chosen center particularly impressing them, as they felt as an ongoing program it was well proven and minimized as far as possible risk factors. The family has now successfully relocated to California. We have continued to keep in touch and checked out issues that have cropped up with him for the benefit of new investors.
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Tags: attorney, california, Canada, eb5, exit strategy, Immigration, job creation, regional center, removal of conditions, USA, visa, Which EB-5
Posted in Immigration | No Comments » |
July 29th, 2010 |
 The gentleman and his wife had relocated to the USA from Pakistan nine years ago. Initially he came over as a student on an F1 visa and after graduation worked for a major financial sector company in New York. After working for six years on an H1-B visa, he faced a problem with the uncertainty and waiting time required for labor certification cases and adjustment of status. All this despite both his desire to remain in his job and his employers willingness to help him, could have meant he would have to leave his home in the USA and return to Pakistan. After a meeting with Stephen Parnell in New York, and discussions with an experienced EB-5 attorney, he looked at the EB-5 regional center pilot program in more detail and specified project track record, speed of obtaining the green card and investment with a company that offered a specific exit strategy as important criteria for him. He decided to invest $500,000 in a limited partnership project in an approved and proven regional center program for the development of a project in California. Approval took a little less than three months and the applicant received his green card a month later.
Read more EB-5 Success Stories here
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Tags: adjustment of status, attorney, california, eb5, F1 visa, green card, H-1B, labor certification, New York, Pakistan, pilot program, regional center, stephen parnell, USA
Posted in Immigration | No Comments » |
July 21st, 2010 |
 An Irish family who had significant agricultural holdings had been monitoring the progress of the EB-5 visa for several years. They had originally purchased property on the east coast of Florida and taken lengthy holidays to see how they would adjust to the American way of life. They then purchased other properties for rental, taking advantage of the bottoming of the property market and to build an earnings portfolio for eventual relocation. They required a visa route that offered permanent residency and green cards for all the family, and wished to increase their property portfolio once they had resettled in Florida. After a detailed briefing with us they decided the EB5 pilot program was the most appropriate option and looked into the various programs in more detail. They emphasized that they required a program which had not suffered from long delays caused by requests for further evidence (RFE’s), they were also concerned that the program had been operating for several years, complied with job requirements and had a clear and specific exit strategy. After investigating the alternatives and narrowing them down to two options they opted for a project which to date has a 100% track record of approval. Following clarification on a number of issues they invested $500,000 – there where additional administration and attorney fees. The family required an Attorney based in Florida with a track record of working on EB-5 applications and also had a number of questions for us regarding possible locations to resettle in, the schooling system, removals, property, transfer of pets, health coverage etc. The I-526 approval took three months and the couple were then interviewed at the U.S. Consulate and granted visas.
Read more EB-5 Success Stories here
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Tags: attorney, consulate, eb-5, exit strategy, florida, green card, I-526, Irish, permanent residence, Relocation, removal of conditions, visa
Posted in Immigration | No Comments » |
June 23rd, 2010 |
Having assisted over 150 families throughout the world, successfully obtain their EB-5 visas and permanent residency in many different areas of the USA we have developed a clear understanding of the support many families require once they are living in the USA.
Of course all families have different requirements and there are a few who are perfectly happy going their own way and do not require our services again once they have moved. However, the majority appreciate a service where they can instantly obtain answers to questions that inevitably arise when moving to another country.
Questions that we have been asked in the past cover a massive range of issues and have included:
- Where can I find an experienced and confidential international tax specialist?
- How does the education and college system work?
- What do I need to know about driving in The USA and the driving test?
- What important issues do I need to know about after I have been in America for twenty one months?
- What are the positives and negatives of living in different parts of the USA?
- Where can I obtain good health insurance from a reputable company?
For some families, particularly a high number from China, these questions assume even more importance as in a high number of cases the Mother and children relocate and permanently reside in the USA while the Father continues to work and reside in China operating his business interests perhaps travelling to the USA a number of times a year. In this scenario it is very reassuring for the Mother to have someone they feel confident in to assist them and the Father to know someone trusted can be there to help his family when he is thousands of miles away.
We are concerned that many immigration consultants and attorneys do not provide this service feeling their role is completed once their fee has been paid and you have obtained your I-526 petition and conditional EB-5 visa. In reality, for many families, this is not the end of the process but actually the start of another different process, adjusting to the challenges thrown up by the American way of life. From the feedback we have received a friendly voice at the end of the phone that has vast experience of dealing with many other families is an important and much appreciated service.
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Tags: America, attorney, china, eb-5, I-526, immigration consultants, permanent residence, USA, visa
Posted in Immigration | No Comments » |
May 17th, 2010 |
 Is the EB5 investor visa your best option? For the past five years we have been working with families from many countries looking for a visa that provides them with the opportunity for permanent residence. Multiple families we have worked with have invested $500,000 in a regional center program and opted for the EB-5 immigrant investor visa. The feedback from these families, who have settled in many different areas of the States, proved invaluable in our book Green Card via the Red Carpet.
We were recently asked by a leading immigration publication to give our views on the EB-5 program, specifically taking into account the needs of the immigrant investor whose first language may not be English. As first generation immigrants ourselves we have seen our families grow up in America and remain concerned that some of the information provided on the EB-5 programs by attorneys, consultants, and regional centers, may cause problems for families, after they have moved to America.
One of the problems is the amount of information that is now available on the EB-5 programs. Although there seems to be a mass of helpful information available on the program research we have carried out shows some of it may be a cause of concern for the unwary family particularly if they have not carried out research into the background of the adviser. For example, how many families have they actually (successfully) worked with on the EB5? How many regional centers have they successfully processed investors through? Can they put you in touch with a number of families they have worked with? Have they actually visited a significant number of proven regional centers? Have they been barred by a regulatory board and/or commission from practicing in certain areas?
Given our own experiences, we cannot emphasise enough how important these points are, and with reference to visiting the regional centers, we mean spending several days at the center looking behind the scenes to see what is actually going on. We believe the importance of visiting and investigating regional center programs is critical to provide detailed information to families considering the various regional center programs and in undertaking research for our follow up book we are carrying out further in-depth visits as well as talking to our successful clients who have invested in various regional center programs.
Simply attending the regional center official tour, interviewing a particular regional center head, or videoing a regional center can only provide a limited perspective on the nuts and bolts of a particular program. We know from experience that the important considerations for a family considering investing $500,000 in an EB5 visa are:
Will we obtain the visa? Will we keep the visa? Will we get our $500,000 investment back? From our experience in working with many families and many centers we are aware that there are centers that have fulfilled these requirements, we are also aware that there are other centers being recommended where there have been cases of litigation, some ongoing, and families have potentially lost all their $500,000.
We feel strongly that all too often families considering the EB-5 visa are not being given all the information necessary to know what they are signing up for. Yes, it is great to know that there is a visa available that enables you and your family to live permanently in the USA and after five years become citizens if you want but from your viewpoint it is important that the visa delivers what you want therefore you need to know which programs have a successful track record and which should or may cause concern.
More information can be found on WhichEB5.com or Green Card via the Red Carpet
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Tags: America, attorney, citizens, consultants, eb-5, eb5, Green Card via the Red Carpet, immigrant investor, permanent residence, regional center, USA, visa, Which EB-5
Posted in Immigration | No Comments » |
May 13th, 2010 |
 A few years ago the EB5 investor visa was a little known U.S. visa, offering those in the know an opportunity for green cards and permanent residency in The USA.
It has now become much better known, but increasing familiarity and popularity has bought a number of potential problems for the unwary immigrant.
As one of the longest established immigrant investor advocates specializing in the EB-5, we have seen an ever increasing demand for our services and since the publication of our book on the EB-5 we have also been approached by a steady stream of Attorneys and Consultants.
Are we flattered by this interest in our services from Immigration attorneys? No, as in a number of cases it has become apparent that some of these attorneys may be giving an impression to potential clients that they are experts on the EB-5 visa and then approach us (sometimes anonymously or using an alias) for the information to give their clients. Some have even copied sections from our book on their website to give an impression of being knowledgeable on the EB-5 visa.
Having worked with immigrants for many years and being immigrants ourselves to the USA many years ago, we understand all too well the reliance immigrants place on accurate and independent advice and we are concerned about this behavior. It is extremely important that with so many regional centers offering the EB-5 visa, the advice you receive is knowledgeable, in-depth and preferably based on thorough research and visits to multiple regional centers, rather than from an Attorney or Consultant masquerading as an expert on EB-5 programs.
On the positive side we are aware of a few attorneys who have specialized in the EB-5 visa, have worked successfully with hundreds of EB-5 immigrants, have expertise in all types of EB-5 cases, have processed applications relating to many different regional center programs, have worked with many nationalities and are in close contact with all developments, the governmental and judicial process and importantly are seen by other immigration attorneys as leaders in the field. Our research indicates that their fees are often the same or even less than lawyers who have much more limited or indeed no experience in EB-5 cases.
We also have examples of a few regional centers that do not need to actively market and do not need the sales talk. They have not only successfully worked with EB-5 immigrant investors all over the world, they can also point to the fact that unlike many who rely on sales talk, they have actually returned investors $500,000 and the families who have worked with them are now happily established in the USA living their American dream.
For more information on the EB-5 and our investigations please contact us using the form on this page or via our website.
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Tags: attorney, consultants, eb-5, experts, green card, immigrants, immigration visa, investor visa, lawyers, regional center, USA, visa
Posted in Immigration | No Comments » |
May 11th, 2010 |
We have, for several months, been concerned about a number of developments regarding some of the regional centers offering EB-5 programs. We therefore decided, after finishing our book Green Card via the Red Carpet, to spend a number of weeks conducting further in-depth research into the various regional center immigrant investor programs.
As immigration advocates who have successfully worked with over 150 EB-5 applicants from many countries, our view is very clear. Would-be EB-5 investors generally wish to focus on successfully obtaining green cards, maintaining their green cards visa status, and finally obtaining the return of their $500.000 investment. Additionally some seek a sizable return on their $500,000 investment, but generally not at the risk of jeopardizing their original capital or risking the failure of removal of conditions and potential deportation.
Our weeks of follow-up research however have highlighted many important issues which we intend to cover in short blog style articles over the next month including –
- The need to be given the facts rather than a sales presentation.
- Why you need to be taking advice from EB5 consultants who work only with potential immigrants, rather than consultants who also offer services to the regional centers themselves; providing a potential conflict of interest.
- How to be aware of the limitations of certain information – for example: What, realistically, are you likely to learn from a video interview with the head of a regional center? – it’s unlikely to focus on any bad press!
- The need to be aware of the background of the people you are dealing with. We have identified some issues which should be of real concern if you are investing $500,000 of your hard earned money, particularly if those giving you advice have had previous problems with the authorities – our research has indicated some who have!
- The need to be aware that you, like others before you, can fall victim to tactics more in keeping with a car salesman that someone really interested in your families’ welfare. We are sadly aware of immigrants investing in certain programs where the sales talk sounded great but previous investors have not received their $500,000 back and others who did not have their conditions removed after twenty one months and now face deportation.
There can be enormous questions posed when many of the investors in a program do not speak English and are totally reliant on commission earning intermediaries who may be focusing on the center paying them the highest fee.
Another potential disaster is incorrect information – we have been appalled by some of the inaccuracies we have come across, including disturbingly, some from Attorneys.
Just as bad are the cases of Attorneys and Consultants who have led potential clients to believe that they are experts on the EB-5 visa and then approach us (often anonymously or using an alias) for the information to give the clients. We have been clamping down on this practice as having worked with immigrants for many years, and being immigrants ourselves to the USA; we understand all too well the reliance placed upon accurate and independent advice. You just have to make sure the information you are getting is just that, accurate and independent.
Does this mean everything you are likely to be told is flawed, or that the risks may be too great? Well, on the positive side, we have examples of a few regional centers that do not need to actively market and do not need the sales talk. They have not only successfully worked with EB-5 immigrant investors all over the world, they can also point to the fact that unlike many who rely on sales talk, they have actually returned investors $500,000 and the families are now happily established in the USA living their American dream.
We intend to cover all these issues in our forthcoming series of blogs and can talk this through with you over the phone or at our office. For more details please use the form on this blog or contact us via email from our website www.WhichEB5.com
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Tags: accurate, advice, American dream, attorney, bad press, commission, consultants, deportation, eb-5, eb5, Green Card via the Red Carpet, highest fee, immigrant investor, immigrants, incorrect information, independent, investors, regional center, removal of conditions, USA, video interview, visa, Which EB-5
Posted in Immigration | No Comments » |
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
Posted in Immigration | No Comments » |
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