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 obtaining an EB-5 visa far too easy?
May 14th, 2010

Is it too easy to get an EB-5 visa?

At first sight this may seem a strange question, particularly coming from leading immigration advocates who have championed the needs of EB5 immigrants and written a book on the subject.

However, we are concerned that some unwary immigrants, signing up for one of the many regional center programs, are being  guided by agents who may be motivated by the size of their commissions and fees rather than focusing on the welfare of the immigrant family.

In talking to many people we are concerned that the information they sometimes receive before approaching us is simply focused on just obtaining the visa, rather than keeping it and having their $500,000 returned in full after five or six years.

Assuming you qualify for the visa, can document how the $500,000 required has been raised, and do not have specific criminal or health issues, there are, on the surface, plenty of regional center programs offering a 100% record of obtaining those highly desired green cards for you and your family. However, what is easily forgotten is it’s not just about getting the visa and a return on your $500,000 investment, it’s also important to keep the visa and have your $500,000 returned – much more preferable to being deported after two years if your conditions are not removed and/or to lose your $500,000 investment.

We remain concerned that some families are vulnerable (particularly if they do not speak English) taking at face value the sales information given to them by agents who may receive huge commission payments. It’s clear to us that sometimes families have not been properly briefed on the critical importance of job creation or potential project failure.

For more information covering the strengths and weaknesses of regional center programs contact Which EB5.

 
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Attorneys and Lawyers specializing in the EB-5 investor visa
May 13th, 2010

A few years ago the EB5 investor visa was a little known U.S. visa, offering those in the know an opportunity for green cards and permanent residency in The USA.

It has now become much better known, but increasing familiarity and popularity has bought a number of potential problems for the unwary immigrant.

As one of the longest established immigrant investor advocates specializing in the EB-5, we have seen an ever increasing demand for our services and since the publication of our book on the EB-5 we have also been approached by a steady stream of Attorneys and Consultants.

Are we flattered by this interest in our services from Immigration attorneys?  No, as in a number of cases it has become apparent that some of these attorneys may be giving an impression to potential clients that they are experts on the EB-5 visa and then approach us (sometimes anonymously or using an alias) for the information to give their clients. Some have even copied sections from our book on their website to give an impression of being knowledgeable on the EB-5 visa.

Having worked with immigrants for many years and being immigrants ourselves to the USA many years ago, we understand all too well the reliance immigrants place on accurate and independent advice and we are concerned about this behavior. It is extremely important that with so many regional centers offering the EB-5 visa, the advice you receive is knowledgeable, in-depth and preferably based on thorough research and visits to multiple regional centers, rather than from an Attorney or Consultant masquerading as an expert on EB-5 programs.

On the positive side we are aware of a few attorneys who have specialized in the EB-5 visa, have worked successfully with hundreds of EB-5 immigrants, have expertise in all types of EB-5 cases, have processed applications relating to many different regional center programs, have worked with many nationalities and are in close contact with all developments, the governmental and judicial process and importantly are seen by other immigration attorneys as leaders in the field. Our research indicates that their fees are often the same or even less than lawyers who have much more limited or indeed no experience in EB-5 cases.

We also 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 who have worked with them are now happily established in the USA living their American dream.

For more information on the EB-5 and our investigations please contact us using the form on this page or via our website.

 
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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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EB-5 Gives New Hope and Freedom to Students and H-1B Workers
April 28th, 2010
jobs-in-the-usa

H1-B Visa path to a job in the USA?

Not that life has ever been simple for H-1B workers, but with the economic downturn things have become even more difficult for them.  Many H-1B workers had resigned themselves to the fact that, due to the long quota backlogs in the EB-3 green card category, and even in the EB-2 category for workers with advanced degrees, when the workers are from India or China, they will be stuck for the better part of a decade in a job with a sponsoring employer who might be treating them like an indentured servant. Now, with all of the layoffs, the probability is increasing that many H-1B workers will lose their H-1B status and green card sponsorship along with their job. This can have catastrophic consequences, particularly for those who have already used up their six years of H-1B eligibility, and are not eligible now to transfer their H-1B visa to a new employer.  In such a case, if the worker is not eligible for a different type of work visa, then he or she would have to leave the U.S. for one year in order to restore H-1B eligibility.

Another problem arose for those H-1B workers working in the financial sector. Congress imposed more burdensome additional obligations and restrictions on financial institutions that received TARP funds and employ H-1B workers. Among those restrictions are the requirement to pay new U.S. employees more than they pay H-1B workers and the requirement not to make any layoffs 90 days before or 90 days after filing a petition for an H-1B worker. In the current environment in which employers are looking to lay workers off and pay them less, some employers prefer to dump H-1B workers in order to maintain more freedom of action in how they deal with the rest of their staff. Meanwhile, there are more and higher qualified American citizens and permanent residents unemployed, who were previously employed elsewhere and available for hire only at a higher salary.

New college graduates are going out to try to find a job in this hostile environment. The only good news for new college graduates who need to get an H-1B visa is that there is less competition for H-1B visas, and so H-1B visas were available for over 8 months last year, as opposed to being exhausted on the first day, as they were in previous years. The unfortunate reason behind the greater availability of H-1B visas is the employers’ lack of interest in hiring H-1B workers.  Many employers see no reason to pay the expenses of the visa application process or to deal with the additional hassle, particularly when, as previously mentioned, many highly qualified U.S. citizens and permanent residents, who were previously employed elsewhere, are now available for hire.

H-1B workers and students alike have found relief from the dangers, uncertainties, and dependence of seeking permanent residence through sponsorship by an employer. They have found such relief by immigrating under the EB-5 program based on investment in a regional center, which frees them from relying on an employer and enables them to obtain conditional permanent residence in less than one year, or, in some cases, less than 6 months. As a result, these EB-5 immigrants can compete for career opportunities or run their own business on equal terms with U.S. citizens and permanent residents. In other words, the EB-5 immigrants have the freedom to live their life in the U.S. as they wish.

 
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Where can I find experienced, independent information on the investor visa?
April 15th, 2010
Experianced, independent advice for those seeking a US investment visa

Independent advice on the US investment visa

This is a question we often see come up in emails, chat and blogs.

It is confusing for someone just beginning their search for EB5 information. It’s really difficult to find independent advice. There are agents in foreign countries who promote one single regional center, attorneys who may be very experienced in the law but lack experience in the complex EB5 visa programs and have not visited the regional centers. Then you have the regional centers themselves. Some regional centers like to promote their 100% success rate, and why shouldn’t they? The Problem is, some of them have only one or two clients. Does that give you a true picture? They have many other tricks up their sleeves too.


How are you supposed to find experienced, independent information on the investor visa program?

Now obviously we are biased, but just take a minute and make the comparisons then you can decide the answer to the question “Where can I find experienced, independent information on the investor visa”?

•    Which EB5 do not promote any single regional center.
•    We visit the active regional centers multiple times to see exactly what is going on; are they successful?
•    We will likely hit the 200 mark of successful EB-5 clients this year; that’s a lot of experience.
•    Our clients have chosen multiple regional centers.
•    Our principals have published perhaps the only book written for the EB5 investor, from your perspective.
•    Our principals are first generation immigrants themselves; they know what it is like to bring a family to a new country.

Be careful out there. So many false claims are being made at this time it can be dangerous to proceed without experienced, independent EB5 information. Call +1-559-EB5-INFO – or email info@WhichEB5.com and get started on your path to Green Card status and US Citizenship (if you so desire) right now.

 
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Comparing US immigrant investment programs – established or new?
April 5th, 2010
What is best, an old established regional center investment or a new one?

What is best, an old established regional center investment or a new one?

Regional center track records are one of the first forms of comparison that help investors choose between alternative investment possibilities.  Early on in the EB-5 program, that was almost enough to compare center to center and come up with your favored option.  As there were only a handful of approved centers, comparisons were fairly straightforward. That situation has changed dramatically in recent years.  With more than 80 approved centers and more being added to the list on a regular basis, it is much harder for immigrants to compare all the centers, to understand the diversity of information and statistics that are found, and to be able to confidently choose which center is best for their needs.  Add to that the facts discussed before—the fact that the centers should not be your one and only reliable source of research and information—and what you have is an unmanageable situation for the average immigrant investor.

In addition to this, and this is a very important fact to highlight and always remember, there can be quite a lot of differentiation even within an established and trusted regional center.  A good track record with a specific or past project may not be a guarantee of the investment and visa potential of the next planned project.  For this reason it is always necessary to evaluate not only the overall and long-term track record of the center, but also the track record of each project in conjunction with an in-depth analysis of the proposed projects that are being offered by the center at the current time.

It is also critical to know that designation or approval as a regional center by the USCIS does not mean that all projects and petitions emanating from that center will automatically be approved.  Each project that the center undertakes is evaluated individually, as are all petitions and applications.  It is true that designation as a regional center may be a more secure avenue of investment for immigration, but this is only a threshold requirement—the project and the petition still need to prove their worth beyond doubt to the USCIS.

The track record of a regional center, while not a guarantee of individual approval, is a strong indicator of what the center and its management are capable of achieving.  It indicates whether or not the program and its principals have the “know how” to develop strong investment programs that will qualify as immigration investments and get approved by the USCIS, and whether or not the individual investor’s petitions will be approved, both at the I-526 Stage for Conditional Permanent Residence and at the I-829 stage for Removal of Conditions.

That being said, track record alone is still not enough for you to commit to any regional center.  The project that you are considering also needs to be thoroughly evaluated on its own merits.  Success with a past project is a good start, but in conjunction with this you need professional advice to determine the potential viability of the project.

To add yet another contributing factor to the mix, all the recently launched centers and new projects must also be evaluated and considered.  It takes an even higher level of care, research, and due diligence to evaluate the potential of a brand-new project where there is little or no record of success to fall back on.  In order to consider a new center and/or project on your regional center “short list”, it must be thoroughly researched in conjunction with economic forecasts and business plans in order to determine its potential viability.
Contact Which EB5 for in-depth analysis of any potential regional center investment you are considering

 
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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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Which EB-5 regional center attracts the most immigrant clients?
March 24th, 2010

A few EB-5 regional centers make this claim however, some qualification is required, for example – immigrants

  • How do they know, given that USCIS does not provide that information!
  • Is this based on the number of years they have been operating?
  • Since the economic slowdown are the centers making this claim still attracting the most clients?
  • Do these immigrants come from just a couple of countries where the center has a number of agents operating?  (In this case what are the implications if most of these immigrants do not speak English?)
  • Why does one organization, which has probably had the most clients overall, not make this claim?

For free advice on working your way through the implications of the different EB-5 regional centers contact the partners at Which EB5

 
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EB-5 Regional Center visits and tours
March 12th, 2010
Should I take a tour of EB5 Regional Centers?

Should I take a tour of EB5 Regional Centers?

If you have done any research into regional centers you have probably seen that a number are offering to provide a tour of their facilities or projects.  These may be group tours with several other prospective EB-5 clients, or they may be done individually at your convenience.  Sometimes these tours are very short and cover all the essentials in one shot, and sometimes they take place over days and include a combination of facilities tours and recreation (which is often the case with some of the resort-type developments or projects).  A lot of potential Clients wonder whether or not to take the center up on their offer to tour the facility, and whether there is any real benefit in them doing so.

Whether you do or not is a personal decision, but even if you do attend the company-sponsored event, a tour will still not provide enough factual basis for deciding in which EB-5 regional center you should trust with your money. Let’s qualify that.

First of all you have to understand that the tour is provided by the regional center. Just as on their website or brochure, they may highlight the best about their project, and be selective with where you are taken, what information you are given, and what you are shown. That does not make it false, but it could potentially be missing important points.

Additionally there are a number of concerns and factors that limit the value of regional center tours for potential immigrants and their families.  First, many say that they do not know what to look for or what questions to ask while they are on the tour; this significantly limits the information-gathering value of the trip.  Second, many immigrants say that generally they do not have the time to visit more than one or two of the available centers (and at this point there are around 80).  In order to make an informed decision you really need to have all the information on a number of regional centers.

Regional center visits certainly do have their value but they are not the mechanism that you should rely on to choose the right one for you.  A visit to a regional center is probably best done later in the process after you have narrowed down your search to just your top contenders;  this gives you a more manageable list and hopefully some experience working with an advisor on regional centers choice, one who can help you to know what to ask and what to look for, and give you the tools to maximize your visit. The most experienced regional center advisers have made these visits and tours themselves and gone much deeper in their regional center research than you will be presented anyway thus they can provide you with added value to any regional center visit you may undertake.

 
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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.