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 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 10th, 2010 |
 How secure is the job creation method used by the EB-5 Regional Centers? The question of job creation can be very important as it is one of the key points when conditions are removed to make your green card permanent (I-829) However, it is often insufficiently researched or neglected completely.
We do have concerns regarding the requirement of regional center programs to create 10 jobs per investor to comply with USCIS requirements. In many cases these jobs will, at I-829 stage require evidence, such as individual tax records, to prove that the jobs exist. If a program runs into difficulties such as insufficient investors, rising costs, business collapse, failure to find tenants, insufficient record keeping, the jobs may not be created or counted.
Let’s look at a couple of hypothetical examples that could have a major impact:
Let’s say you have applied through a relatively new center that has few if any successful I–526 applications and whose program strategy requires a minimum total number of investors to succeed. Say you invested and received your I-526 eighteen months ago and you have just learnt that the center has failed to obtain enough investors to complete its program. You face not only losing your $500,000 investment but also the likelihood of successful I-829 processing, enabling you to achieve continued permanent residence in the USA.
Taking another scenario, let’s say you invested in a program which was based on a developing a commercial property. In this case the investment was fully subscribed and the building completed. However, since the original planning stage the economic climate has changed and fewer tenants have moved in thus creating fewer jobs.
You should be aware that there is an alternative job creation methodology in use by a small number of regional center programs, the use of economic models based on infusion of capital. If such a model is used to calculate job creation projections at the I-526 stage an investor could receive credit for job creation at the I-829 stage simply by the regional center establishing that they invested the requisite amount into the new enterprise, and that the enterprise spent that capital.
USCIS has clarified that this form of capital investment involves more than simply investing a certain amount of investment dollars into a particular industry. “An important aspect to any economic analysis model is the feasibility and quality of the business plan that is the basis for determining the appropriate inputs into an economic model. If the infusion of capital occurs according to the approved business plan and economic analysis, and the capital investment scheme comes to fruition in the manner outlined in the business plan, then the economic data provided in support of the Form I-526 petition regarding indirect job creation may be sufficient to demonstrate the creation of the indirect jobs without the submission of further data about job creation at the Form I-829 petition stage”.
For further information on this very important aspect of your permanent green card eligibility contact the partners at WhichEB5.
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Tags: economic model, green card, I-526, I-829, job creation model, permanent residence, regional center, uscis
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 » |
January 12th, 2010 |
 How long is the EB5 immigration process? From start to finish, how long will it be before you receive your green card? Unfortunately, there is no definite answer to this question but we can give you some general estimates.
For the first phase—the regional center investment phase—the timeline should not be overly long. Usually this can be accomplished in a matter of two to eight weeks after your decision has been made as to which EB-5 center to invest in; however, every center’s timing and timeline will differ.
The real timing begins with your specialist EB5 immigration attorney submitting your I-526 to the USCIS. The general waiting time for USCIS review of I-526 petitions was previously six to eight months, but since USCIS increased its staff of examiners, it is now down to as little as one to six months.
Once that is approved and your attorney files the application for adjustment of status or for application consular processing of an immigrant visa you will have another waiting time of about six to twelve months for adjustment of status, or two to six months for consular processing. These time-lines vary enormously so please contact us for updated timetables at any time.
The grand total timeline after you submit your original I-526 application is between six and fifteen months. This is the estimated amount of time it will take for you to receive your conditional green card and take up residence in the United States – if you would like advice on what you need to take into account to obtain the quickest time please contact Which EB-5 via email at info@WhichEB5.com or through our website at www.WhichEB5.com
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Tags: consular processing, eb-5, green card, I-526, Immigration, immigration attorney, regional center, united states, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
January 6th, 2010 |
 National Public Radio One of our EB5 clients, Brian Thompson, was recently featured on (NPR) Public Radio – Below is a transcript from part of the interview with him which was covered on the Morning Edition.
“News of job creation programs has been widely reported lately, but there’s one program that many people have never heard about: Under U.S. immigration law, foreigners can invest in an American business and, in exchange, receive a green card.
This has long been a small, obscure program, but as domestic sources of financing have dried up, the number of EB-5 visas issued this way has tripled in the past year.
For investor Brian Thompson and his wife the motivation was to leave England for a place with better weather. A few years ago they put $500,000 into the redevelopment of a Seattle warehouse that is being turned into a hotel. Once it opens Thompson hopes to make his money back and then some. But the immigrant investor program requires a certain degree of risk, and if the business venture falls through, so do the green cards.
That would be the worst-case scenario,” Thompson says. “We’d be stuck in England, left without the pot of money that we’d worked all our lives for.
But so far the hotel project is on track. And since you don’t have to live where you put your money, Thompson and his wife are happily retired in Florida.
Half a million dollars is the minimum required — an investment in a more competitive area must be $1 million — and across the country, government-approved consultants have popped up to help match this foreign money with American companies.
Immigration attorneys say a big motivation for many investors is to educate their children in the U.S., since a participant’s entire immediate family also qualifies for a green card”.
More Which EB5 client success stories can be found by clicking this link now.
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Tags: eb-5, eb5, florida, green card, immigration attorney, immigration law, National Public Radio, npr, seattle, USA, visa
Posted in Immigration | No Comments » |
January 5th, 2010 |
 Following our blog yesterday concerning South Korean immigrants who invested in one of the programs in South Dakota we have received a number of requests to provide further information. Given the legal nature of this report we are limited as to any further information we can give at this stage but the matter does raise a number of important issues.
We would repeat that although rare, this is not the first issue to occur with allegations by EB-5 investors. We have covered other reports and we stress the importance of talking through such issues with us prior to making an EB-5 visa decision.
As we also covered yesterday there are options that have a 100% record of success for their clients – regional centers that have had conditions removed from temporary green cards (I-829) and who have returned funds.
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Tags: eb-5, green card, I-829, South Dakota
Posted in Immigration | No Comments » |
December 22nd, 2009 |
 Solve the EB5 Visa Puzzle Green card restrictions can be removed long before investments pay off.
Immigrant investors looking for the right Visa to gain residency in the United States shouldn’t expect a fast return on their money from the EB-5 program. Still, when the right choice in a regional center is made, green card restrictions can be successfully removed fairly quickly and risk can be minimized.
The EB-5 program provides a relatively fast way to obtain a permanent green card, but it doesn’t necessarily offer a fast return on investment. There are risks involved in all regional center investments, but they can pay off with eventual earnings returns and, more importantly, a permanent green card.
Immigrants who choose the EB-5 Visa route can expect to have to wait between 21 to 24 months before they can file an I-829 petition for the removal of conditions on a green card. After this, the wait can be several years for an investment return.
The general rule of thumb is five years, Still, it is important to keep in mind that regional centers are not allowed to guarantee a return on investment. Although the EB-5 program is still relatively new, some early immigrants are beginning to see their returns now.
There are steps investors can take to increase their chances of seeing a return on investment. Carefully researching different regional centers, their programs and the stability of investments is vital. Consultants and experienced advisers can be very useful in this process.
Ask all pertinent questions before making a decision with an EB5 investment visa.
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Tags: consultants, eb-5, eb5, green card, I-829, immigrants, investment, investment visa, regional center, removal of conditions, visa
Posted in Immigration | No Comments » |
December 17th, 2009 |
 Thanks to the recent three-year extension of the EB5 Visa program this path to a permanent residency in the United States is becoming increasingly popular. Considering what potential immigrants will have at risk it is smart for them to exercise caution throughout the process.
The EB5 Visa program calls for potential immigrants to make an investment of at least $500,000 in an approved EB5 regional center. These centers are generally in areas that have been identified as those that would benefit from an economic infusion and job creation.
Once investments are made in government-approved regional centers potential immigrants receive a two-year conditional green card. The conditions are removed at the end of two years if certain requirements are met.
EB-5 Visas are extremely useful for immigrants that desire a relatively fast way to permanent residency.
Since immigrants will have both their residency status, and initial half-million-dollar investment riding on the regional center’s performance, it is imperative to make certain the choice of regional center is viable.
Even after potential immigrants receive independent information about regional center choices it is perfectly acceptable for them to seek additional help and advice.
It can be useful to consult with a business attorney and/or a Certified Public Accountant to have the security of the investment evaluated, EB-5 Visa applicants can never be too cautious.
For further help or information please contact Which EB5 today
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Tags: advice, attorney, certified public accountant, eb-5, eb5, green card, help, immigrants, investment, permanent residence, regional center, visa, Which EB-5
Posted in Immigration | No Comments » |
December 15th, 2009 |
 Finding the Right EB-5 Consultant is Important Expert advice can guide EB5 investors through the selection process
With the recent extension of the EB-5 program, the push is on for potential immigrants to find the right regional center investment. Using a consultant to help navigate the system and research regional centers is smart, but rushing into a decision is not.
Investors need to take a step back before they select a consultant and look at a number of key factors. The reality is there are consultants who don’t have enough experience, lack a proven track record or simply represent one regional center. An impartial, experienced hand is called for to help would-be EB-5 visa applicants protect their investment and their permanent green cards.
There are a number of things investors should ask before they make a decision to use a consultant. They include:
• Are consultants independent or are they associated with a certain regional center?
• Is there a fee charged?
• Have the consultants actually taken an in-depth look and reviewed the regional centers?
• Are the consultants also immigration attorneys? This may pose a potential conflict of interest.
• Have the consultants worked with other EB-5 immigrants in the past? What is their success rate?
• Do they have a track record of recommending more than one center?
• What kind of information can they provide?
Selecting a consultant is a smart way to work through your choice of an EB-5 Visa program. Taking time to make the right choice is vital for protecting the $500,000 investment and your green card status. Which EB-5 specializes in providing unbiased information and education to potential EB-5 visa immigrants. Get complete EB-5 Regional Center information now.
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Tags: attorney, consultant, eb-5, green card, immigrants, regional center, visa, Which EB-5
Posted in Immigration | No Comments » |
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