March 11th, 2010 |
As part of our ongoing research we recently identified significant potential problems with a particular EB5 program, this reinforces one of our ongoing concerns - that some families focus only on the legal implications of the visa and seek minimal advice or ask the wrong questions on the Regional Center program implications. All too often clients start by asking which particular program gives the highest return – this is not only the WRONG QUESTION TO ASK in relation to visa considerations, it can also be extremely dangerous.
With so many regional centers offering the EB5 pilot program it is inevitable issues would arise sooner or later, particularly with some immigrants from counties where English is not their first language. Frequently these families are reliant on local sales agents representing one or two programs and it is possible that a significant number of them do not realize the potential weaknesses of the program they may have entered.
A center that has, according to a recent report, run into problems, sold extensively in Asia. Legal advice focused mainly (as it should) on obtaining the visa but, the majority of clients failed to obtain separate independent advice of any other options and the financial implications of the center in question.
The problem now is not only do they stand to lose their $500,000 by making an inappropriate decision on their program of choice but also their right to stay in the USA if the project fails and the jobs are not created.
As part of our investigations we monitor programs closely to identify issues, this in itself can be a full time occupation – being aware of what is happening on the ground is very important and nearly impossible to do if you are several thousand miles away, possibly relying on a local sales agent or an attorney focused specifically on just the legal emigration question as opposed to the other important repercussions.
The potential problems with this project, as well as the earlier cases of alleged fraud by a visa consultant which is presently still being investigated by the Secret Service, emphasize the importance of seeking independent advice before selecting a regional center – there are some excellent programs available and the EB5 visa is for many the fastest and only option for permanent residency, but obtaining impartial advice is critical.
If you are interested in finding out more about the EB-5 Visa program visit Green Card via the Red Carpet.
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Tags: Asia, eb5, financial implications, fraud, Green Card via the Red Carpet, jobs are not created, pilot program, regional center, USA, visa, visa consultant Posted in Immigration | No Comments » |
March 9th, 2010 |
 Using the EB-5 Visa to move from Canada to the USA?
Tax Alert
The IRS has issued Revenue Procedure 2010-19 (“Deemed Dispositions by Individuals Emigrating from Canada”).The Revenue Procedure provides guidance on the new election procedure provided under the Fifth Protocol of the Canada/US tax treaty whereby individuals moving from Canada to the United States can elect an increased cost basis on their property for US income tax purposes.
Among other things, the Revenue Procedure describes the deadlines and procedures for making the election. In addition to other factors, distinctions are made:
1. For emigrations before March 29, 2010 and thereafter,
2. Between US citizens and nonresident aliens, and
3. Property that would have been subject to US tax on the ultimate sale, regardless of the emigration.
In many cases the individual must make the election on the individual’s timely filed US federal income tax return for the first year ending after the individual’s change of residence.Some elections may be time-barred under the statute of limitations.
Our thanks to International tax specialist Richard Brunton for this alert.
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Tags: Canada, eb5, international, IRS, tax, united states, visa Posted in Immigration | No Comments » |
March 5th, 2010 |
This 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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Tags: application, eb-5, eb5, investor visa, job creation, money back, regional center, track record, visa 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 26th, 2010 |
 Consider the Pros & Cons of your EB-5 Visa Program Choice
For those deciding which EB-5 regional center program to invest in, life was, in some ways, a lot easier a couple of years ago when there were only a few centers to choose from. Now with more than 75 regional centers it seems a lot more complex.
However, a number of these centers are not yet offering a program, some have no measurable statistics to analyze and others have not built up a critical number of applicants; does that make it easier or tougher?
Hardly a day goes by when we do not see a news headline in a local newspaper or magazine in the USA, flagging up an issue that will be of interest if you are considering a particular EB-5 program. However, although the number of centers would seem to make the choice more complex there is also more information available. In the early days of the program there was very little to go on. Now that some centers have been operating long enough it is possible to obtain details on which programs have returned the initial investment, where there have been I-829 (removal of conditions) refusals and why. Additionally, the USCIS have clarified some important points.
All in all, now there is at least more concrete information to base your decision on. For more questions and THE ALL IMPORTANT ANSWERS contact Which EB5
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Tags: eb-5, eb5, I-829, investment visa, regional center, USA, uscis Posted in Immigration | No Comments » |
February 25th, 2010 |
 Immigration with children requires detailed thought and planning
Among the issues that we come across when we are troubleshooting are advising parents on how immigration will impact their children in terms of the initial move and then looking at the years ahead – how will their lifestyle work out in the USA as against their lifestyle in their current country of residence?
The areas that we have covered based on our experience in advising thousands of families on the move include: Why you wish to move and more critically, schooling and lifestyle benefits from the childs perspective.
The practicalities of the move include timing for each step in the process, the implications of areas to live and importantly schooling and the differences likely to be encountered with the US system.
A key aspect is the choice of a visa, as this may have a critical impact on child welfare as we have seen many times. In worst cases scenarios there are the implications of children facing deportation due to issues with specific visas which had not been taken fully into account.
You really do need to consider the whole picture before such a major lifestyle move. See chapter nine in Green Card via the Red Carpet, available at Amazon, which offers in-depth information on using the EB-5 investor visa program to gain rapid permanent residence status in the U.S.A.
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Tags: children, eb5, green card, Immigration, USA, visa 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 » |
February 23rd, 2010 |
There have been quite a number of families going through the final stages of the EB-5 visa process during the past few weeks.
We have been in regular contact with the families who we have been guiding through the challenges of their relocation to various parts of the US over the past months and this final stage, the consulate interview, can be something of a stomach churning time even for those with nerves of steel and despite the fact that the success rate to date is extremely good.
The EB-5 pilot program investor visa is a somewhat different visa process to many other types of application as the first stage (I-526) will have already been approved by the California service center, prior to the consulate interview.
However, there are still key points that the Attorneys we work with take clients through prior to their interview. An enormous advantage of specializing in EB5 visa relocation’s is that we have experience of taking many families successfully through the journey to obtain the visa; their feedback on the process can be invaluable if you are relocating to the States.
Andrew Bartlett and Stephen Parnell are authors of the recently released book on the EB-5 – Green Card via the Red Carpet
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Tags: attorneys, consular interviews, eb-5, eb5, Green Card via the Red Carpet, I-526, investor visa, relocating to the states Posted in Immigration | No Comments » |
February 16th, 2010 |
 What Exactly is my EB-5 Visa application going to cost?
An investment in a Regional Center pilot program is a minimum of $500,000 and as you probably know you need to budget additionally for attorney costs and administration fees. But what are the potential costs you can expect from using the EB-5 immigrant investor pilot program and why do regional center administration charges vary so much from center to center?
Why do some centers charge deposits up front before providing you with a copy of their documents?
Attorney fees can also vary significantly and some applicants have found themselves billed for unexpected additional costs.
Then there is the $500,000 question: HAS ANYONE HAD THEIR MONEY BACK AND IF SO HOW MUCH? The programs have exit strategies, fine, but in the current economic climate the question of the likely return of investment is on many peoples’ minds.
Some of the original investors in certain programs have gone through the process and had their investment back but there are points that you should be aware of before investing in the EB-5.
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available on Amazon
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Tags: eb-5, eb5, immigrant investor, regional center, visa Posted in Immigration | No Comments » |
February 15th, 2010 |
 Be careful where you get your information about the EB5 visa
We monitor much of the information being put out about the EB5 visa. This information comes from Regional Centers, Attorneys, trade publications, local newspapers and many other sources both legitimate and otherwise.
Every now and then we come across a report that is completely wrong. We have come across a number of these on immigration blogs. Recently one announcement we read caused us considerable concern on several counts, it was totally inaccurate, it was from an Attorney, which would normally add credibility, and as yet it has still not been corrected.
The piece refers to a statement about the number of clients for a relatively new regional center program and included the following:-
“Recently, I was invited to attend an informational seminar about the […….] Regional Center, a very prosperous EB-5 Regional Service Center located in […….] Over 200 EB-5 Visas have been given to those investing in this center in the last year, an outstanding accomplishment for an EB-5 Regional Service Center”.
The problem is the center in question is recently established, is in the early stages of marketing its program, it has closer to zero than 200 actual EB5 clients! - Reading this would a potential investor question the statement? It came from an attorney, it must be true right? Sadly, no. It is misleading at best, ill informed and quite literally a complete fabrication. For what motive we are unsure. We are looking forward to seeing a retraction and explanation and will report further on this as the news unfolds.
Be careful where you get information about the EB-5 visa program. We are happy to clarify anything you wish to double check, just ask.
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available on Amazon
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Tags: attorney, eb-5, eb5, Green Card via the Red Carpet, immigrant investor visa, immigration blogs, misleading, regional center Posted in Immigration | No Comments » |
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