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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 8th, 2010 |
 Should you compare EB5 investor visa projects with the help of a lawyer? The situation is understandable; you are looking into the various regional center options for your choice of EB-5 program and are spending days, weeks maybe months (it may seem like a lifetime) searching the internet in an attempt to find information on the relative advantages, or just as importantly disadvantages, of the ever growing number of regional centers.
A number of the most experienced immigration lawyers do not provide guidance on choice of regional centers. Instead they focus on the legal aspects of the EB-5 visa. Indeed there have been a number of seminars where leading EB-5 immigration attorney’s have stressed that Immigration Lawyers should not be providing advice on your choice of regional center – their focus should be on the actual legal immigration process.
So you continue to search for useful information; such as how many successful applicants have each center processed, however, how helpful is that statistic? For example, if a program has a high number of non-English speaking applicants what are the implications that are not readily apparent from the bare statistics?
When a web site quotes comparative statistics how up to date and accurate are those statistics and indeed how meaningful? The US economy is still undergoing massive changes and regional center programs that were popular a couple of years ago, at a time of significantly higher returns, may require other considerations in the light of a more conservative attitude.
Another factor that is not readily apparent from the web is how are programs actually performing once fully subscribed? Have buildings been constructed, jobs been created, what issues have come to the surface and have investors had their monies returned?
If you are looking into regional center options for your choice of EB5 regional center independent, impartial information can be found on Which EB-5, contact Andrew Bartlett or Stephen Parnell to find out what they discovered on their visits to these regional center programs.
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available on Amazon
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Tags: amazon, America, andrew bartlett, eb-5, Green Card via the Red Carpet, immigration attorney, immigration lawyers, regional center, stephen parnell, visa
Posted in Immigration | No Comments » |
March 1st, 2010 |
 It 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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Tags: andrew bartlett, china, Chinese investors, eb-5, exit strategy, Green Card via the Red Carpet, I-526, I-829, investors, litigation, regional center, request for further evidence, RFE, state government, stephen parnell, uscis, value of the investment, visa, Which EB-5
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 22nd, 2010 |
 Why settle for half the story? It is interesting how potential immigrants from various countries have different priorities when looking at the regional center program options. In working with clients from around the world it has surprised us how this can affect the regional center program that different nationalities may opt for. We remain concerned that not all potential immigrants are always given in-depth explanations concerning the range of options. This can have a major potential impact:-
For example: Some programs may seem an excellent option in terms of successfully completing the initial I-526 petition stage and the two year conditional green card approval. HOWEVER, this is only half the story. It is also necessary to have the conditions removed (I-829 petition) plus most investors are hoping for the return of their investment after a finite number of years. The implications of this require detailed explanation on the implications of past performance.
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: eb-5, Green Card via the Red Carpet, I-526, I-829, investor green card, regional center
Posted in Immigration | No Comments » |
February 18th, 2010 |
 Beware of what you read about the EB5 investment visa As regular readers of this blog will know we constantly warn about instances of misleading information we discover that involve the EB-5 investor visa.
Unfortunately this week we have discovered an increasing amount of incorrect and misleading information that could spell problem for those looking for accurate information as part of their investigation into the track record of regional centers offering investor green cards.
The question posed by an unsuspecting enquirer on an immigration blog is straightforward enough:-
“I am in the process of selecting a regional center where my main objective would be to make sure that the job creation requirements will be met after two years to get the conditions removed (I-829 petition) from my green card and to have some assurance that the capital will be recoverable after five or even a few more years. ROI would be less relevant. So far I have been looking at the following regional centers […..] which look promising: Any comments would be appreciated.”
And here the problems start; with a series of supposedly helpful but potentially misleading and dangerous suggestions offered by various responders, a number not using their real names but answering under aliases.
One responder mentions a different regional center that the questioner has not suggested – one of the programs at this center is currently the subject of litigation.
There is no in depth analysis regarding the very important question asked regarding the far reaching implications of job creation.
The questioner makes the comment it is helpful to get advice from people with real experience; unfortunately the type of experience from those that have answered is less than clear!
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available at Amazon
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Tags: amazon, dangerous information, eb-5, experiance, green card, Green Card via the Red Carpet, I-829, Immigration, investor visa, 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 » |
February 3rd, 2010 |
 How many I-526 petition approvals does this Regional Center have? The majority of regional centers claim to have a 100% record at I-526 stage.
There are however a number of problems in simply listing which regional centers have a 100% record at I-526 stage. In fact, following several years of investigation we have covered this point in our latest book Green Card via the Red Carpet.
The initial problem is that USCIS does not provide this data; therefore the only information comes from the regional centers themselves. In some cases this may be of concern. Even with such information there are further issues, for example –
• A center may have had rejections through no fault of its own – for example an applicant could not satisfy the proof-of-funds condition.
• A center with only 20 previous applications may claim to have a 100% record, whereas a far more established center with several hundred successful applications may only have 98% success.
Beware of statistics, they can be misleading. For more information on I-526 Immigrant Petition by Alien Entrepreneur contact Which EB5
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Tags: eb-5, established, Green Card via the Red Carpet, I-526, imigrant petition, regional center, rejections, success, uscis
Posted in Immigration | No Comments » |
December 27th, 2009 |
 Chinese EB-5 visa applicants to the USA face financial traps We have previously warned of the potential dangers for EB-5 investors who fail to obtain independent advice from experts. Experts who have visited many of the regional center programs are best qualified to provide this advice. Instead some potential immigrants rely on agents representing only one regional center or agents charging big fees to provide a very basic service, this is a bad practice.
Citizens of some countries maybe more at risk than others if they do not obtain impartial, independent advice particularly if they work with a consultant who also advises regional centers on how to market their regional center to potential Chinese immigrants; a recent article in the Chinese press highlights the dangers for Chinese citizens trying to immigrate to the USA.
The article in ‘China Daily’ warns that Chinese investors may be victimized by financial traps set up by Chinese immigration agencies and foreign investment organizations. We would add that this is an issue that reaches beyond China, we cover this problem in our book (Green Card via the Red Carpet) intended to assist immigrants considering the EB-5 program.
There have apparently been complaints regarding the handling of EB-5 immigration cases in China, an example given is Mrs. Zhang in Beijing who found herself charged a brokerage fee by the agency she was using that was far in excess of the figure originally quoted.
This is not a uniquely Chinese problem. Last year we reported cases of alleged fraud carried out on UK citizens who had handed over funds to an agency that failed to pass them on to the appropriate regional center.
We continue to stress the need for independent and impartial advice that points out the positives and negatives of different regional center programs. There is no reason why this advice should not be freely given to you.
For more information contact Which EB5 info@whicheb5.com
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Tags: china, chinese, eb-5, Green Card via the Red Carpet, immigrate, Immigration, independent, investors, regional center, USA, visa
Posted in Immigration | No Comments » |
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