Which EB5
EB-5 Regional Centers – Look beyond the headlines
March 1st, 2010

headlinesIt is interesting to look beyond the headlines used to promote regional center programs.

Here are some example headlines we found and the reasons you need to explore deeper to expose ALL the details before you choose a regional center for your EB-5 visa.

1.    “The only Designated Regional Center in the U.S. controlled and supervised by State Government.”

The Regional Center investments that operate under the banner of a state can sometimes confuse prospective investors in terms of the implications of this status. For example, has the “State Government” any responsibility for repayment of the investment?  Some investors assume such designation may offer a safety net. Another question might be: What role does the state government play in the exit strategy regarding the then value of the investment?

Some regional centers, at different times, have made this claim. One program that operated under a State banner is reportedly the subject of litigation. This could raise raises questions as to how far the “state” supervised the program.

2.    “A 100% success record for EB-5 Visa approval and faster approval times.”

Many centers have a 100% successful track record, at least at I-526 stage. As regards faster approval times; centers generally get approvals within the USCIS average time lines however, for specific reasons relating to “Requests for Further Evidence” RFEs, and the nature of some programs, some centers have had longer approval times.

3.    “In 2009, a total of 4,218 wealthy investors from outside the U.S. successfully applied for and received an EB-5 visa. But many are left asking what has accounted for the recent interest the program has been receiving”?

Firstly a few points regarding these figures which may seem a little pedantic but are important for reasons that can be explained.

The figure quoted includes the spouse and children of the investors; it does not mean there were actually 4218 individual investments in regional centers.  -  Many investors have a spouse and at least one child so the number of actual investors is nearer a third of the total number of visas. Secondly, the figure for 2009 contains a substantial number who invested in 2008; delays in processing carried these over into 2009.

The main change to be aware of in the figures for 2009 is actually the nationality of investors, with a greater proportion of Chinese investors in particular. China has seen a significant sales focus by a number of regional centers and their agents based in China. This has meant certain programs have mainly Chinese investors whose particular motivation and awareness may have implications.

4.    “The regional center returned my investment in three years.”

Three years is generally unrealistic given current review times. That is unless the client is selling out at the moment their I-829 petition is approved. This could be extremely dangerous

Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet. You can read excerpts of the book at our book website and/or contact the authors via Which EB5.

 
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EB-5 Visa Choices and Exit Strategy
February 2nd, 2010
Does the EB5 Visa Program need an Exit Strategy?

Does the EB5 Visa Program need an Exit Strategy?

The exit strategy has been a key consideration for many, not all, EB5 clients. All too often this information has been hard to tie down, with very little specific evidence of a definitive exit strategy from many Regional Center programs.

For many people the security of their $500,000 principal, and when it will be returned to them, is of prime importance alongside the obtaining and maintaining of their visa.

As many regional center programs have not been in operation for a sufficient time period it has been difficult, until very recently, to examine the hard facts in this area.

There have certainly been a number of surprises. Such as one program potentially looking to repay an excess over the $500,000 due to specific circumstances tied in with the nature of the project. Another program has repaid the full principal amount as laid out in the exit strategy. One regional center is planning to repay funds prior to the planned date and yet another has repaid less than the sum invested.

It is certainly very useful to have this information, particularly in light of programs which are very much dependent on the economic outlook. For more information on Regional Center exit strategies contact Which EB5

 
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Does location of my regional center investment matter?
April 16th, 2009

The location of the regional center and the center’s proposed projects is often (mistakenly) thought to be irrelevant to EB-5 regional center investors. It’s easy to make that assumption, because unlike the standalone investment investing in a regional center means that you have the freedom to live anywhere in the United States, as far away or as close to your investment project as you like.  Regardless of where you have your heart set on living, the location of a regional center and its projects does still have a definite impact potential on your investment and visa success.  There are a couple of reasons why this is true.

First of all, the location of the center, and more specifically the particular project that you are investing in, matters because the amount of your required qualifying investment depends on that location.  We’ve discussed this before as you’ll recall, your minimum investment will be either $500,000 or $1 million depending on the location of the project.  The lower figure applies only to Targeted Employment Areas and designated rural geographic regions.

It is imperative to make a distinction between the location of the regional center and the location of the project itself.  It is entirely possible that projects within a given regional center will have different investment minimums depending on where the money is actually invested.  You cannot assume that just because a center’s offices are located in an area that meets lower-level investment minimums that the project funds will be invested there.  You can also not assume that just because the last project was invested in a TEA or rural area that the next project will take place in a similarly qualifying area.  The investment minimum for visa approval could vary quite easily from one project to the next.

These are the most basic reasons to consider the location of a project, but there are reasons that go deeper.  These are the more in-depth considerations that an impartial advisor will research to determine how they apply to your situation.  Let’s expand on that.

A regional center can be greatly influenced by their location and the location of their investments.  There are many tangible and intangible influences of the region where your center operates that may come into play.  Factors like business climate, property markets, workforce, local and state support of the project, and the presence or absence of worthwhile investment recipients can all make or break a project that sounds very good on paper.  Add to this the more fluid factors like public perception of the center, its projects, and even immigration and the EB5 program itself, and suddenly something that looks very good as a business plan can be much more tenuous as a dual-purpose investment and immigration vehicle. 

Another very important consideration is the proposed exit strategy for the project.  The location of a center can have a tremendous impact when it comes time to try to exit your investment at a profit.  This is one of the areas that centers often gloss over.  Your impartial advisor, however, will not take them at their words, and will explore and discuss with you all the potential impacts of location for both now and the future.

Often the only way to know how a regional center’s location may impact upon its investments and investors is to take a lot of time getting to know the region, its potential, and its personality “quirks”.  Actually physically visiting these regions is the only way to get to know the pros and cons of the particular area, and to know what other factors need to be looked into further.  Taking that time can bring critical issues to light that would not come up through paper research.  This is one area where impartial advisers can prove their particular worth, because as we’ve already established there is no possible way for a single investor to undertake this kind of travel and physically present due diligence on his or her own. 

The next blog will take a look at the best way to choose  where to invest, who to trust.

 
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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.