Which EB5
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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Timelines for the EB-5 investment (ll)
June 11th, 2009

When considering the time lines for the EB-5 investment, you need to consider a few time lines that all need to be coordinated and work in conjunction with one another.  Those are:

•    Your own personal timeline based upon your and your family’s goals and plans for relocation (we will discuss this further in later blogs).  You should discuss this time frame with your regional center selection advisor and with your immigration attorney, so that you can plan realistically, and then set and reach your goals as promptly as possible.

•    The timeline for searching for the right regional center for you, for conducting due diligence to make sure that it is right for you, for registering with the regional center and investing, and for filing your I-526 petition with USCIS.  Once again, your EB-5 advisor/consultant and immigration attorney can prove invaluable in guiding you through these processes and setting a realistic time lines for their completion.  They are familiar with the amount of time that it will take to gather the information from the regional center, to work with the business attorney, CPA, and possibly other business consultant assisting you in the due diligence phase prior to your investment.  Once you will have made your investment, then the work is primarily in the hands of your immigration attorney, and so then it will then come down to his or her time frame for processing your case.

•    The time line for USCIS to process your I-526 petition, and then for USCIS also to process your adjustment of status or for the State Department to process your application for an immigrant visa, is beyond your and everyone else’s control; however, your immigration attorney can advise you of what the current processing time is, and can help you to avoid needless delays due to inadequate documentation or other problems.

Not all of these time lines are set in stone, and so while we can provide you with some idea of what you are looking at in terms of timing and planning, no one can guarantee them—these are all beyond any of our control in that regard.  What we can do is present you with a comprehensive understanding of the tasks ahead of you and the relative timeline on which you can base your plans.  This will prove extremely beneficial as you begin to take action, investing and applying for your permanent resident status.

Knowing how the process should go and being prepared to meet the requirements and challenges at every step of the way will make your immigration process go as smoothly as possible, and give you the best preparation for a relatively speedy and successful application.

If you haven’t done so already I would recommend contacting the experts at Which EB5 who can start providing the information and guidance you need.

 
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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.