August 23rd, 2010 |
Many families wishing to live in the USA consider the relative advantages and disadvantages of the E2 and EB-5 visas.
In some cases the choice comes down to the funds they have available or wish to utilize. The EB-5 requires an investment of $500,000 in a program operated by a Regional Center authorized by the U.S. government. The E2 visa is likely to cost much less, indeed many families have paid in the region of $150,000 to $200,000 to purchase a suitable business qualifying for the E2.
However, a key implication that is not always realized is that the E2 visa does not provide the family with permanent residence. A senior American Consular official is reported as saying –
‘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 EB5] 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.
There have been a number of well reported cases of families and/or their children having to leave the USA due to the E2 visa failing to be renewed. This can still happen even after the family may have lived in America for many years when perhaps their children know no other way of life.
Indeed the situation regarding the limitations has become so notorious that a petition signed by many E2 visa holders, desperate to remain in America, has been drawn up for presentation to Congress.
The New York Times recently reported an unfortunately typical scenario where a family who had been operating a business on an E2 visa for nine years had the renewal of their E2 visa refused. This left them no option other than to return back to the country that had left nearly a decade earlier.
Of course, many do not have the $500,000 required to make the investment for the EB-5 visa. However, for those that do, the fact that it provides permanent residence status is an enormous benefit in many ways.
- Full permanent residency rights apply.
- In certain states you pay lower property tax costs and your children pay lower tuition rates at many Colleges and Universities.
- Children do not have to leave the USA once they turn 21.
Depending upon your circumstances the EB-5 could be seen as an inexpensive option. The one visa covers the entire family, applicant, spouse and all their children under 21. Select the right regional center and not only should you get your $500,000 back at a point in the not too distant future, you may also get a return on your investment. The same cannot be said with confidence about the E2 visa, particularly in the current economic climate.
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Tags: America, congress, E2, eb-5, New York Times, permanent residence, regional center, USA, visa
Posted in Immigration | No Comments » |
July 26th, 2010 |
 Esta familia de cinco miembros (padre, madre y tres hijos) residía en California con una visa E2 que vencía al cabo de un año. Estaban interesados en la visa EB-5 como la mejor ruta para obtener el derecho a residencia permanente. La familia ya dirigía una próspera empresa multinacional y deseaba hacer de California su residencia permanente. Los niños estaban perfectamente integrados en el sistema educativo y temían que la visa E2 no les proporcionase la seguridad de hacer de EE.UU. su hogar a largo plazo. Tras considerar las diferentes opciones, la familia expresó su preferencia por el programa del centro regional con sede en California. Optaron por un programa acreditado que ya había resultado atractivo a inmigrantes de diferentes naciones (algunos programas suelen atraer principalmente a inversores chinos, lo cual puede tener implicaciones importantes que es necesario considerar). La familia utilizaba los servicios de un abogado de experiencia demostrada, y recibieron la aprobación al cabo de tres meses. Hemos seguido en contacto y revisado los problemas con los que se fueron encontrando posteriormente, para que futuros inversores se puedan beneficiar de su experiencia. — This family of five, father mother and three children were living in California on an E2 visa that was due to expire the following year. They were interested in the EB-5 visa as the best route to gain them permanent residency status. The family already operated a successful multinational business and wanted to make California their permanent home. The children were doing well in the school system and they were concerned that the E2 visa did not provide them with the ongoing long term security to make their home in the USA. After considering the various options the family expressed a preference for a regional center program based in California. They opted for a proven program that had proved attractive to immigrants from a wide variety of nations (Some programs tend to attract mainly Chinese investors which can have some important implications; you need to be aware of).The family used a proven and experienced Attorney and received approvals within 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.
Read more EB-5 Success Stories here
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Tags: california, E2, eb-5, permanent residence, regional center, USA, visa
Posted in Immigration | No Comments » |
July 12th, 2010 |
 A British couple, who had spent many happy holidays with their children in Orlando Florida over the past twenty years, had been looking at ways they might be able to retire permanently in the U.S. but were concerned that their only options apparently related to the E2 and L1 visas (which do not allow or guarantee permanent residence). They were also concerned that the attorneys they spoke with, focused only on the legal aspects but were not really listening to their personal requirements, including their wide ranging concerns on their retirement in America. I-526 approval took several months and the couple were then interviewed at the U.S. Consulate in London and granted immigrant visas. The couple have subsequently had their I-829 removal of conditions granted and have settled very happily in the Florida way of life playing a lot of tennis and golf and making friends has as they say “made them more active and busier than they were in the UK “.
Read more EB-5 Success Stories here
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Tags: attorneys, british, E2, eb-5, I-526, I-829, L1, permanent residence, removal of conditions, retire, visa
Posted in Immigration | No Comments » |
June 29th, 2010 |
 Is the E2 visa really an option to the EB-5 visa? We have decided in this blog to let someone else do the talking rather than us, in this case an interesting and important article from the New York Times.
For a long time we have discussed issues that concern us regarding the E2 visa which, unlike the EB-5 visa, does not provide permanent residence. We write often about the difficulties that can be experienced with the E2. Indeed Consular officials in the past have gone on record and said the E2 is not a suitable visa for those seeking permanent residence in the USA.
This article from the New York Times sets out one unfortunately typical example of why we are so concerned about the E2 visa. New York Times Article about the dangers of the E2 visa
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Tags: E2, eb-5, New York, permanent residence, USA, visa
Posted in Immigration | No Comments » |
May 24th, 2010 |
 Is the EB-5 Immigrant Investor Visa a safe option? We sometimes receive correspondence from readers of our articles, newsletters, and this blog, saying that they are concerned there may be problems with the EB-5 as we seem to regularly identify problems with this particular immigrant visa or are warning potential investors about certain issues or flagging up complaints.
We certainly feel, as advocates of the EB-5 visa, that it is important we identify issues that potential immigrants should be aware of and as the founders of WhichEB5 we, as first generation immigrants ourselves, feel particular empathy towards those taking the major step towards starting a new life with their family in the USA.
However, far from having concerns about the EB-5 visa we have a great deal of belief in the visas track record to date based on the experiences of the 150 plus families from all over the world who we have worked with over the past few years and who are all now fulfilling their dream, living permanently with green cards and permanent residency status, in many different areas of the USA.
Many of those families had been living, for a number of years, in the USA on a variety of other visas which failed to provide them with permanent residency status and were causing them and their families a great deal of concerns and uncertainty. Their need to turn to the EB-5 to resolve these problems and the subsequent granting of their EB-5 visa status has often been a source of relief and satisfaction to them and saw the end of the ongoing problems they had previously experienced with the E2, L1, H1B and F visas which they felt could have resulted in them eventually having to leave the USA, in some cases after living here for many years.
Immigration to another country is often a mixed experience combining the excitement of new opportunities and challenges with regret at what one is leaving behind. Our concerns with the EB-5 visa are not with the visa itself or indeed with many of the well proven regional centers who have enjoyed a 100% track record to date.
However, we are concerned that some families making, what is a major step in their lives, fail to obtain independent, impartial advice from experienced consultants who have spent a great deal of time researching and importantly visiting the proven regional center options. Instead every year some unwary families rely on sales information directly from a particular regional center, or on advisors who may be promoting only one center, who may not have visited the centers or may be recommending regional centers paying the highest level of commission.
In summary, we believe the EB-5 visa can be an excellent option for those who are seeking permanent residence in the USA and there are some excellent and importantly well proven regional center programs to choose from. However, the importance of experienced and impartial advice from consultants with a track record should never be underestimated.
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Tags: consultants, E2, eb-5, F visa, H-1B, highest commission, immigrant investor, L1, permanent residence, regional center, track record, USA, visa, warning, Which EB-5
Posted in Immigration | No Comments » |
April 13th, 2010 |
 Latest EB5 Investment Visa News & Updates from the Which EB5 Newsletter Increase in interest from China focused on concerns regarding the need for impartial and independent information – Chinese investors in particular have asked us questions on the programs which are viewed in the most favorable light, given the worldwide economic downturn. Chinese investment visa applicants are particularly interested in our views as we actually visit the regional centers and the fact that our book “Green Card via the Red Carpet” offers so much detailed information.
India has also seen increases in interest and Indian EB5 applicants have inquired about a number of programs – we have pointed out concerns that need to be looked at regarding some of the smaller more recent programs, again there are concerns regarding unqualified advice from EB5 visa agents in India who have not even visited centers they are recommending.
Increase in interest from the UK. From discussions with UK clients the key motivator appears to have been a substantial increase in the higher rate of tax. Concern over crime rates and schooling in the UK also seem to be key reasons for relocation to the USA.
An increasing number of families already in the USA on E2 and L1 visas have expressed concerns about issues regarding those visas and have been looking at the permanent residence/ green cards offered by the EB-5 visa as a more reassuring alternative.
If you would like regular copies of our investment visa newsletter please register right here.
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Tags: china, E2, eb-5, eb5, green card, Green Card via the Red Carpet, India, investment visa, L1, permanent residence, UK, USA, visa agents
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 » |
February 24th, 2010 |
 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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Tags: california, E2, eb-5, eb5, florida, India, investment visa, L1, permanent residence, USA
Posted in Immigration | No Comments » |
January 18th, 2010 |
 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 
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Tags: America, E2, eb-5, eb5, green card, immigrant investor, non-immigrant, retire, status, USA, uscis, visa
Posted in Immigration | No Comments » |
December 9th, 2009 |
 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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Tags: E2, eb-5, emigrate to the usa, immigration attorney, L1, permanent residency, visa
Posted in Immigration | No Comments » |
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