Which EB5
Due Diligence and the EB-5 Regional Center Track Record
May 19th, 2010

What is the EB5 Regional Center Track Record?

One of the first questions that immigrants want answered is – What is the regional center’s track record for getting EB-5 visas approved?


Although this is an extremely important question to have answered, this is also a question that needs qualification, and is only a place to start.  The inquiry should certainly never end here, and no decision should be based only on the percentage or number of successful EB5 visas approved through a given center and particularly any specific program from that center.  In addition to this figure, some other important questions to consider include (but certainly not limited to):

  • How “old” is the regional center?
  • When was the center approved?
  • Has the regional center been reviewed by the Administrative Appeals Office (AAO)?
  • Is the regional center affiliated with a government agency or entity?) Does the Center claim to be operated by the government? Some do but when they are not.
  • How many years’ experience does the principal manager of the regional center have in working with EB-5 centers?
  • How many years’ experience does the principal manager have working in job creation and developing new jobs?
  • How many I-526 petitions (Immigrant Petition for Alien Entrepreneur) have been filed for the regional center? – Of those, how many were approved? How many were denied?
  • How many I-829 petitions (Petition by Entrepreneur to Remove Conditions) have been filed for the regional center? – Of those, how many were approved?    How many were denied?
  • Are fees being charged to you as an investor for information and materials?
  • Will the Regional Center in question escrow invested funds?
  • What happens to escrowed funds if the I-526 is rejected?  Are they refunded?
  • What is the project and how will investment funds be used?
  • What type and frequency of project status reporting can I expect?
  • What is their actual track record of returning investors $500,000 funds, actual as opposed to exit strategy, hype etc?

This list alone constitutes a lot of questions and answers; and that is not nearly the end of the inquiries that need to be made to ensure the safety of your investment and reliability of your application being approved.  Even if you were able to get full and genuine answers to all of these questions (and realistically that is very hard and in some cases a near impossibility  for a private investor), just having the answers will not tell you how to evaluate them.  Every answer that is collected needs to be put into perspective not only for that particular center, but in perspective in comparison against other prospective regional centers as well.  For most of the questions that need asking there is no one right or wrong answer—only an answer that needs further consideration and evaluation.  This is what an impartial adviser will do—first get the answers that elude you, and then secondly sit down with you, discuss the implications of each one, and help you decide its bearing on your investment and your regional center selection.

The track record of the regional centers that you are considering will be the first thing that your adviser will discuss with you.  That is because the track record alone will “weed out” a lot of the centers that are either simply too risky, or not right for you.  From there, your adviser will walk you through a number of other evaluations, and address many more concerns to ensure the viability of the center, its projects, and their fitness for your needs.

More detailed information on the EB-5 immigration investor visa can be found in Green Card via the Red carpet – a comprehensive guide to US immigration options by Andrew Bartlett and Stephen Parnell

 
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Is the EB-5 immigrant investor visa really your best option for immigration to America?
May 17th, 2010

Is the EB5 investor visa your best option?

For the past five years we have been working with families from many countries looking for a visa that provides them with the opportunity for permanent residence. Multiple families we have worked with have invested $500,000 in a regional center program and opted for the EB-5 immigrant investor visa. The feedback from these families, who have settled in many different areas of the States, proved invaluable in our book Green Card via the Red Carpet.

We were recently asked by a leading immigration publication to give our views on the EB-5 program, specifically taking into account the needs of the immigrant investor whose first language may not be English. As first generation immigrants ourselves we have seen our families grow up in America and remain concerned that some of the information provided on the EB-5 programs by attorneys, consultants, and regional centers, may cause problems for families, after they have moved to America.

One of the problems is the amount of information that is now available on the EB-5 programs. Although there seems to be a mass of helpful information available on the program research we have carried out shows some of it may be a cause of concern for the unwary family particularly if they have not carried out research into the background of the adviser.  For example, how many families have they actually (successfully) worked with on the EB5? How many regional centers have they successfully processed investors through? Can they put you in touch with a number of families they have worked with? Have they actually visited a significant number of proven regional centers? Have they been barred by a regulatory board and/or commission from practicing in certain areas?

Given our own experiences, we cannot emphasise enough how important these points are, and with reference to visiting the regional centers, we mean spending several days at the center looking behind the scenes to see what is actually going on. We believe the importance of visiting and investigating regional center programs is critical to provide detailed information to families considering the various regional center programs and in undertaking research for our follow up book we are carrying out further in-depth visits as well as talking to our successful clients who have invested in various regional center programs.

Simply attending the regional center official tour, interviewing a particular regional center head, or videoing a regional center can only provide a limited perspective on the nuts and bolts of a particular program. We know from experience that the important considerations for a family considering investing $500,000 in an EB5 visa are:

Will we obtain the visa? Will we keep the visa? Will we get our $500,000 investment back?  From our experience in working with many families and many centers we are aware that there are centers that have fulfilled these requirements, we are also aware that there are other centers being recommended where there have been cases of litigation, some ongoing, and families have potentially lost all their $500,000.

We feel strongly that all too often families considering the EB-5 visa are not being given all the information necessary to know what they are signing up for. Yes, it is great to know that there is a visa available that enables you and your family to live permanently in the USA and after five years become citizens if you want but from your viewpoint it is important that the visa delivers what you want therefore you need to know which programs have a successful track record and which should or may cause concern.

More information can be found on WhichEB5.com or Green Card via the Red Carpet

 
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Why so few new blogs on the EB-5 in the last month?
May 11th, 2010

We have, for several months, been concerned about a number of developments regarding some of the regional centers offering EB-5 programs. We therefore decided, after finishing our book Green Card via the Red Carpet, to spend a number of weeks conducting further in-depth research into the various regional center immigrant investor programs.

As immigration advocates who have successfully worked with over 150 EB-5 applicants from many countries, our view is very clear.  Would-be EB-5 investors generally wish to focus on successfully obtaining green cards, maintaining their green cards visa status, and finally obtaining the return of their $500.000 investment. Additionally some seek a sizable return on their $500,000 investment, but generally not at the risk of jeopardizing their original capital or risking the failure of  removal of conditions and potential deportation.

Our weeks of follow-up research however have highlighted many important issues which we intend to cover in short blog style articles over the next month including –

  • The need to be given the facts rather than a sales presentation.
  • Why you need to be taking advice from EB5 consultants who work only with potential immigrants, rather than consultants who also offer services to the regional centers themselves; providing a potential conflict of interest.
  • How to be aware of the limitations of certain information – for example: What, realistically, are you likely to learn from a video interview with the head of a regional center? – it’s unlikely to focus on any bad press!
  • The need to be aware of the background of the people you are dealing with.  We have identified some issues which should be of real concern if you are investing $500,000 of your hard earned money, particularly if those giving you advice have had previous problems with the authorities – our research has indicated some who have!
  • The need to be aware that you, like others before you, can fall victim to tactics more in keeping with a car salesman that someone really interested in your families’ welfare. We are sadly aware of immigrants investing in certain programs where the sales talk sounded great but previous investors have not received their $500,000 back and others who did not have their conditions removed after twenty one months and now face deportation.

There can be enormous questions posed when many of the investors in a program do not speak English and are totally reliant on commission earning intermediaries who may be focusing on the center paying them the highest fee.

Another potential disaster is incorrect information – we have been appalled by some of the inaccuracies we have come across, including disturbingly, some from Attorneys.

Just as bad are the cases of Attorneys and Consultants who have led potential clients to believe that they are experts on the EB-5 visa and then approach us (often anonymously or using an alias) for the information to give the clients. We have been clamping down on this practice as having worked with immigrants for many years, and being immigrants ourselves to the USA; we understand all too well the reliance placed upon accurate and independent advice. You just have to make sure the information you are getting is just that, accurate and independent.

Does this mean everything you are likely to be told is flawed, or that the risks may be too great? Well, on the positive side, we have examples of a few regional centers that do not need to actively market and do not need the sales talk. They have not only successfully worked with EB-5 immigrant investors all over the world, they can also point to the fact that unlike many who rely on sales talk, they have actually returned investors $500,000 and the families are now happily established in the USA living their American dream.

We intend to cover all these issues in our forthcoming series of blogs and can talk this through with you over the phone or at our office. For more details please use the form on this blog or contact us via email from our website www.WhichEB5.com

 
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Has anyone had their money back from the EB5 investment visa?
April 14th, 2010

YES: One regional center’s first two projects, which were loans made from a limited partnership of EB5 investors, have reached maturity and have been repaid in full.

One other regional center program has made repayments below the $500,000 capital investment.

In “Green Card via the Red Carpet” which can be found on Amazon, we reported that many EB-5 investor visa applicants feel the return of their $500,000 is an their second most important consideration.

For the latest impartial information on who has and who has not paid back contact the senior partners at Which EB5

 
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Latest EB-5 Investment Visa Information from our April Newsletter
April 13th, 2010
Latest EB5 Investment Visa News

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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Immigrant Investor Visa – How to choose
April 9th, 2010
immigrant-investor

Green Card via an EB-5 Investment Visa

There is an abundance of immigrant investor qualifying program options, and the list grows virtually by the day. That makes for a lot of choices and an almost ever-changing atmosphere. For you as an individual, trying to work out which would be your best option, that can be an overwhelming situation to say the least.

Additionally there are an increasing number of approved and active regional centers, with others pending approval status, and more in the works. It is important that any resources you use in choosing a center are up-to-date, and to also back up that information, by consulting with professionals in the EB5.

These are among a number of areas of concern which have significant coverage in the book Green Card via the Red Carpet available at Amazon.

 
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What are property based EB-5 investments?
April 8th, 2010
Is a commercial property the right type EB5 investment?

Is a commercial property the right type of EB5 investment?

A number of regional centers offering commercial property have suggested in the past that although all Regional Centers carry risk, property has certain advantages, particularly if it has no debt attached to it.

The basis of such an argument is that when compared to a trading enterprise or a loan, property is a solid tangible entity. Although buildings can be destroyed, as long as covered by insurance they can be rebuilt.

However, during periods of downturn, property values can substantially decline and although in some countries they can recover relatively quickly in others this has traditionally not been the case. The key to property performance can be how much was paid for a property in the first place and for reasons that we can explain, who it was bought from.

Ultimately, if a property based investment visa program does not attract sufficient clients for it to be constructed, or does not attract sufficient jobs in the required EB-5 time scale, this may lead to problems at I-829 stage of your EB-5 process.

For free advice on working your way through the implications of the different EB-5 regional centers contact Andrew Bartlett and Stephen Parnell – Authors of Green Card via the Red Carpet.

 
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What are loan Based EB-5 Investments?
April 7th, 2010
loan-based-eb5-investmentrs

For independent and experianced EB-5 investment visa information

A few Regional Centers offer fixed term loan based programs, where your funds are lent to another organization. Sometimes these are government agencies such as development corporations for local infrastructure projects, where a municipality or associated development agency usually becomes responsible for repaying your capital.

The implications of these options can vary considerably and certain ones with a fixed term loan basis are becoming very popular given the current economic situation.

For free advice on working your way through the implications of the different EB-5 regional centers contact Andrew Bartlett and Stephen Parnell – Authors of Green Card via the Red Carpet

 
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Given your personality would a move to America be a disaster?
March 27th, 2010
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Green Card via the Red Carpet is available at Amazon

There was an interesting article in one of the immigration magazines containing research from a psychologist as to why a significant number of immigrants return back to their original home country after less than a year – and do extroverts or introverts tend to adjust better?

From the large number of troubleshooting briefs we have carried out over the past ten years we have identified two particular types of people who seem more vulnerable to adjusting, when inevitably some things don’t always work out the way they planned, after they arrive in the USA.

The problems can so often be traced back to a lack of due diligence at the very start of their planning process and the two types of people most affected are in many ways at opposite ends of the personality spectrum.

Those who, without realizing it, become dependent on advice from the people who have a sales related interest in them moving – they end up with all the positives and are not prepared for any of the negatives.

At the other end of this spectrum are the independent minded who often have been very successful in their own country and feel they do not need any professional advice.

In writing the book on the EB-5 visa, ‘Green Card via the Red Carpet’ research was carried out on where things can go wrong for EB-5 applicants. If you are currently considering relocating to America on the EB-5 visa this book is a worthwhile read as part of your preparation.

 
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The EB5 visa – What can happen when you don’t ask the right questions?
March 11th, 2010

wrong-questionsAs 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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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.