Which EB5
Why you need to be extra vigilant when looking at EB5 investor visa options
March 4th, 2010

immigrationWhen 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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Who is using the EB-5 investment visa to obtain permanent residency in the USA?
February 24th, 2010
EB-5 Visa Program - Fastes Way to a Green Card?

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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EB5 – Frequently asked questions regarding comparison of the E2 with EB-5
January 18th, 2010
Is it fair to compare the E2 to the EB5 visa?

Is it fair to compare the E2 to the EB5 visa?

Why are an increasing number of E2 visa holders looking at the EB5 option?

For many, living in the USA has been made possible by using the E2 visa program. However, for those E2 visa holders who have resided in America for a number of years there has been a degree of anxiety as well as expense at renewal time. Indeed, it is increasingly clear that renewal of this visa cannot be taken for granted however long you have lived in The States. New E2 applicants are also finding a variable waiting period, possibility of rejection, and the need to inject an increasingly higher level of funding to find a qualifying business.

There are particular concerns if you wish to retire, have children approaching their 21st birthday, or if you want to remain permanently in The USA.

Another potential downside is the E-2 has ‘non-immigrant’ status, which has serious implications that few point out.

There are thousands of E2 visa holders living in the US but sooner or later they are going to have to confront their status and plan for the long term, for if they sell their business or it ceases trading their visa may not be renewed. Also, children at 21 will need their own visas or be forced to leave the US. Such a lack of security may not suit everyone looking to reside in the US.

What makes the EB-5 Visa program different from the E-2 visa?

Participation in the EB-5 Immigrant Investor program provides permanent resident status (green card). Permanent residency has the major advantage of not requiring renewal or re-application.  In contrast, the E-2 visa allows for non-immigrant status only.  When the qualifying business/investment ends, so does the non-immigrant status that has been granted to the E-2 visa holder who may have to leave the United States unless another visa category is granted.

U.S. non-immigrant visas, such as E-1, E-2 and H category visas may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State.

Contact us for more information on how the EB5 can be a viable alternative to the E2 using the form on the right arrowmover

 
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How do I emigrate to the USA?
December 9th, 2009
How do I Emigrate to the USA?

How do I Emigrate to the USA?

We were recently approached by a journalist writing an article for the British newspaper The Daily Mail and apparently this is a question many are currently asking. The question seems simple enough, but from our long experience we know it is a question that can so often lead to misleading information and trouble down the road.

The reason is simple, by asking how do I emigrate to the USA the questioner is already starting off by missing a key point.

By way of explanation let’s examine who may answer the question –

If a consultant or business broker is asked the question, many may flag up the E2 or L1 visa options. These  visas are often tied in with an opportunity for commission for that consultant or business broker. However, that motivation  may not be clear to the potential emigrant, and it may not be explained that these visas do not necessarily provide permanent residency rights. Without permanent residency a whole trail of difficult issues can crop up at a later date, this may lead to possible deportation. For this reason, certain emigrants looking at the E2 or L1 routes and buying a business of a certain size, may have been better looking at the EB-5 visa which provides for permanent residency.

An immigration attorney may also approach the question from the angle of how you can emigrate, rather than should you? and what are the lifestyle implications for your family. In other words should you even do it, or will your family wish you were back in your original country in a few months or years?

Some asking the question how do I emigrate to the USA seek advice from an emigration  blog. However, this again can cause problems. For example, those that reply in a positive tone may not realize that although they were happy with the route they have taken, it may lead to issues later on. Example: Simply because they took an E2 visa and bought a business that has worked out  for them does not mean that they will not eventually face problems. They may not realize at this stage that eventuality they may need to leave the States due to non renewal, business failure, or a child having to leave at age 21.

For more information contact Andrew Bartlett at: andrew@whicheb5.com

 
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Is the EB-5 regional center program likely to run out of visas before October 2010?
December 7th, 2009
Will the EB5 Program Run Out of Visas?

Will the EB5 Program Run Out of Visas?

With 3000 visas available yearly (the visa year ending in October each year) this seemed to be unlikely while the number of approved applications were in the approximate range of 1200 a year. However, there are a number of issues which may alter this situation and mean like other visa categories, the EB-5 regional center program, could in certain circumstances, develop a waiting list.

Some interpretations of the visa numbers include not just the actual investors/petitioners (1200) but also the family members included with the applicant. On current trends this could  potentially take the number over the 3000 level. Clarification from USCIS is being sought regarding this, but it could have a significant impact.

The EB5 regional center program is now a better known and more proven option. Renewal has gone through which extends the program for three years and some of the initial investors have or are about to receive their capital investment back.

Other visa routes such as the H1B and E2 have apparently been seen by some as increasingly problematic leading to immigrants looking increasingly favorably at the EB-5 option.

The development concerning numbers is an issue apparently requiring clarification, particularly if you need to invest sooner rather than later so that you can move to the USA ASAP. It may also have an impact on certain regional centers for reasons we will go into in a future blog.

 
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E2 / L1 complaints – EB-5 alternatives
November 19th, 2009
Complaints about Visa's

Complaints about Visa's

I had a phone call over the weekend from a very nice lady. She was asking whether I knew about a recent conference in Orlando Florida attended by over 400 immigrants who were having problems with the renewal of their E2 and L1 visas.

I had to admit I knew nothing about this conference but was not surprised that there were so many people attending given the number of people we had been working with over the past few years who were turning to the EB-5. This was not because they particularly wanted to invest $500,000 but simply because they recognized, in their specific cases, it was their only way to obtain permanent residence in the USA.

The lady who phoned me told me about the anger and misery at this conference, of course all the stories have a family at the end whose lives have been thrown into disruption. I was surprised that with the E2 and H1-B in particular, the attorneys who had originally advised these families had, according to reports, not always pointed out the potential dangers of these visa types. After all, it’s a major problem if you relocate to the States, live here many years and then find you, or even your children, face deportation because you have not been told about the implications of your visa. It really is a very sad business. It can be avoided with the right information and advice.

 
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EB-5 visa discussions at 36,000 feet
August 4th, 2009

I have just enjoyed another nine hour flight across the Atlantic after undertaking several relocation briefings in Europe. It seems that whatever the troubles are in the world there are still many of you who for a number of reasons want to emigrate to the USA, however sometimes that’s where problems can start.

On the flight over I was talking to the passenger next to me, who hearing what I do relayed his experiences of the immigration process, some of his problems seemed more turbulent than the bumpy patches we kept hitting during the flight!

He had embarked on the treadmill of immigration to the States several years before beginning with an investment of over $300,000 in a business to obtain an  L1 visa which had been granted for one year. However he had found it difficult to maintain his business in his home country while developing his new business in America; he had been advised by his Attorney to then apply for an E2 visa. This was successful and he was granted a visa for three years however the full implications of the E2 visa not providing permanent residence had not registered with him.

As we were talking he mentioned that his eldest child was just finishing High School and about to enter University in the States, he had found out that she would not qualify for lower fees that residence status would have provided and additionally she may well have to return to her country of birth after graduation, as after 21 she would no longer be covered by his E2 status.

Apparently he had never been advised about the EB-5 program or the financial implications of not having permanent residence status - when adding up all his costs to date comprising several sets of attorney fees, the business investment in the USA, higher property taxes, higher College fees for his children and after all that the children having to return to their country of birth, it seemed an expensive oversight.

Which EB5 research all regional centers, you make the same $500,000 investment and get independent experts at no cost to you. Our impartial advise has helped more than a hundred families obtain Green cards. Contact the experts at Which EB5 by clicking here now.

 
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E2 visa holder finds a positive alternative with the EB-5.
July 15th, 2009

For the past few days we have been looking at the reasons why the EB5 visa has been of interest to particular groups of immigrants – today we look at a further case study taken from one of our previous 100+ clients - this relates to a family who needed to change their current E2 visa which did not allow permanent residency in the USA.

The family had relocated to the USA on an E2 visa and had not been made aware of the less well known EB-5 visa at the time or that their children would have to leave the USA at 21. After a year of working in the E2 qualifying business a combination of ill health and business downturn raised concerns that they could be unsuccessful in obtaining renewal.

They were particularly concerned that their children would have to return home after successfully adapting to their school and lifestyle in the USA.

After a discussion with Andrew Bartlett and Tony Olson they looked at the EB-5 regional center pilot program in more detail. Project track record, speed of obtaining the green card and investment with a company that offered a specific exit strategy were important criteria. They decided to invest $500,000 in an established regional center that had a program providing development funds over five years for the expansion of a major state/city conference center, they were less concerned about the modest return on their investment as their focus was on a definitive exit strategy

The required funding for the $500,000 investment was provided by accumulated savings.

The I-526 approval took just over two months and the applicants received green cards a month later – the process taking a total of just over three months.We have continued to keep in touch and checked out issues that have cropped up with them for the benefit of new investors.

If you would like to discuss your case in more detail please contact the partners of Which EB-5.

 
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Could the EB-5 be an alternative to student visas?
July 14th, 2009

We have already examined the families looking to retire to the States via the EB5 and families face problems with existing visas such as H-1B, E2 and L1, today we are looking briefly at those for planning to study or are about to graduate in the USA.

Each year many students plan to go to the USA to study and a number would like to stay and work during their course of study and following their graduation, this is not an option on student  visas but the EB-5 visa provides permanent residency status.

A number of students have been financed by relatives for the EB-5 visa which not only enables them to work as they wish during their course of study but also to remain permanently in the USA to develop their career and life as permanent residents and if they wish after five years apply for US citizenship. For more personal information or a chat with the partners at Which EB5 please click here.

 
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Are E2 and L1 visa holders looking at the EB-5 as the answer to their problems?
July 13th, 2009

Each year we deal with several hundred applicants who are looking at the EB5 route to obtain permanent residence in the USA. Their reasons vary – however, the majority fall into a small number of key groups and we continue to look at these groups in more detail.

We have already examined the families looking to retire to the States via the EB-5 and those having problems with remaining in the USA on the H-1B. Today we are looking at those that already have the E2 or L1 visa, but are experiencing problems and are planning to apply for the EB-5.

There are many individuals and families in the United States on non immigrant visas such as the E2 or L1 that only allow the recipient to stay for a limited period.

Among the problems these visa holders can face are:

•    The business they bought is not delivering sufficient turnover or employing sufficient staff for visa renewal.
•    The owner of the business is not well enough to continue operating the business.
•    The owner of the business wants to retire but cannot remain in the USA if they no longer maintain the business.
•    The owners’ children turn 21 and face having to leave the country as they are no longer covered by the visa.
•    The owner did not really want to have to run a business but was not advised of other options.

The E2 in particular has proved a problematical visa for the reasons above.

Comments from a Consular Office
“I would also like to point out that a non immigrant (E2) visa is not a good option for someone who intends to reside permanently in the United States. If the investor retires or sells their investment, his or her visa status lapses and he or she must leave the US. Only single dependent children under 21 are eligible for visas to accompany their investor parent, and when these children turn 21 they lose their status as a dependent and their visa. The more secure option for those that have the necessary capital is the permanent resident (green card EB-5) investor visa. In this case the required investment is one million dollars, or under certain circumstances $500,000.”  John Caulfield, Consul General, US Embassy London.

In this blog series on who should be interested in the EB-5 we will look into some cases studies of those who used the EB5 instead of or due to renewal issues with the E2 or L1. To stay up to date don’t forget to subscribe to our blog (you can do that at the top of this page) or for more personal attention contact the partners at Which EB5 using this link.

 
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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.