Which EB5
What support do I get after I have obtained my EB-5 visa?
June 23rd, 2010

Having assisted over 150 families throughout the world, successfully obtain their EB-5 visas and permanent residency in many different areas of the USA we have developed a clear understanding of the support many families require once they are living in the USA.

Of course all families have different requirements and there are a few who are perfectly happy going their own way and do not require our services again once they have moved. However, the majority appreciate a service where they can instantly obtain answers to questions that inevitably arise when moving to another country.

Questions that we have been asked in the past cover a massive range of issues and have included:

  • Where can I find an experienced and confidential international tax specialist?
  • How does the education and college system work?
  • What do I need to know about driving in The USA and the driving test?
  • What important issues do I need to know about after I have been in America for twenty one months?
  • What are the positives and negatives of living in different parts of the USA?
  • Where can I obtain good health insurance from a reputable company?

For some families, particularly a high number from China, these questions assume even more importance as in a high number of cases the Mother and children relocate and permanently reside in the USA while the Father continues to work and reside in China operating his business interests perhaps travelling to the USA a number of times a year.  In this scenario it is very reassuring for the Mother to have someone they feel confident in to assist them and the Father to know someone trusted can be there to help his family when he is thousands of miles away.

We are concerned that many immigration consultants and attorneys do not provide this service feeling their role is completed once their fee has been paid and you have obtained your I-526 petition and conditional EB-5 visa. In reality, for many families, this is not the end of the process but actually the start of another different process, adjusting to the challenges thrown up by the American way of life. From the feedback we have received a friendly voice at the end of the phone that has vast experience of dealing with many other families is an important and much appreciated service.

 
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Is the EB-5 immigrant investor visa a safe option?
May 24th, 2010

Is the EB-5 Immigrant Investor Visa a safe option?

We sometimes receive correspondence from readers of our articles, newsletters, and this blog, saying that they are concerned there may be problems with the EB-5 as we seem to regularly identify problems with this particular immigrant visa or are warning potential investors about certain issues or flagging up complaints.

We certainly feel, as advocates of the EB-5 visa, that it is important we identify issues that potential immigrants should be aware of and as the founders of WhichEB5 we, as first generation immigrants ourselves, feel particular empathy towards those taking the major step towards starting a new life with their family in the USA.

However, far from having concerns about the EB-5 visa we have a great deal of belief in the visas track record to date based on the experiences of the 150 plus families from all over the world who we have worked with over the past few years and who are all now fulfilling their dream, living permanently with green cards and permanent residency status, in many different areas of the USA.

Many of those families had been living, for a number of years, in the USA on a variety of other visas which failed to provide them with permanent residency status and were causing them and their families a great deal of concerns and uncertainty. Their need to turn to the EB-5 to resolve these problems and the subsequent granting of their EB-5 visa status has often been a source of relief and satisfaction to them and saw the end of the ongoing problems they had previously experienced with the E2, L1, H1B and F visas which they felt could have resulted in them eventually having to leave the USA, in some cases after living here for many years.

Immigration to another country is often a mixed experience combining the excitement of new opportunities and challenges with regret at what one is leaving behind. Our concerns with the EB-5 visa are not with the visa itself or indeed with many of the well proven regional centers who have enjoyed a 100% track record to date.

However, we are concerned that some families making, what is a major step in their lives, fail to obtain independent, impartial advice from experienced consultants who have spent a great deal of time researching and importantly visiting the proven regional center options. Instead every year some unwary families rely on sales information directly from a particular regional center, or on advisors who may be promoting only one center, who may not have visited the centers or may be recommending regional centers paying the highest level of commission.

In summary, we believe the EB-5 visa can be an excellent option for those who are seeking permanent residence in the USA and there are some excellent and importantly well proven regional center programs to choose from. However, the importance of experienced and impartial advice from consultants with a track record should never be underestimated.

 
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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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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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EB-5 visa benefits for students wishing to study and remain in USA
March 19th, 2010

foreign-students-in-the-usaEach year many students plan to go to the USA to study at the Countries world recognized Colleges and Universities, many would like the opportunity to work during their studies and find employment in the USA following graduation. However, on the visas most students use, the F1 or M1, this is not possible. For many the EB-5 investment visa, by allowing permanent residence, enables applicants to study and work as they wish.

An increasing number of students are preferring the EB-5 visa route as it enables them to develop their career in the USA after graduation and live as permanent residents obtaining US citizenship after five years if they so choose.

For details please contact our Student Liaison Director Candice Bartlett via email to info@whicheb5.com

 
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Who is using the EB-5 investment visa to obtain permanent residency in the USA?
February 24th, 2010
EB-5 Visa Program - Fastes Way to a Green Card?

EB-5 Visa Program - Fastest Way to a Green Card?

Each year we work with several hundred applicants keen to use the EB5 route to permanent residence in the USA. Their reasons vary – however the majority fall into three main groups.

1.    Those seeking to retire and live permanently in the States, often in the warmer climate of Florida or California, who had not realized that a suitable visa option is now available.

2.    Overseas students about to be educated at Universities and Colleges in the States who want to be able to work while they study, or those who have just graduated and want to remain and work in the States. The EB5 has been particularly attractive for students from India following complications with the few other options.

3.    Those relocating to the States with their families who have found that the complications of the E2 visa and the L1 visa can make these options risky, particularly if their children have to leave the USA at 21.

Read Green Card via the Red Carpet for extensive information on the EB-5 Visa program

 
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Is one regional centers job creation model more secure than any other and how would I know this?
February 10th, 2010
job-creation-map

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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What happens if EB-5 jobs are not created?
January 8th, 2010
What happens if EB5 jobs are not created?

What happens if EB5 jobs are not created?

Let’s look at a couple of hypothetical examples that could have a major impact if you are planning to use the the EB5 investor visa route for permanent residency in the USA.

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 investment and minimum total number of investors to succeed. Say you invested and received your I-526 eighteen months ago. However, you have just learnt that the center has failed to obtain enough investors to complete its program, (a building of some sort) and you face not only losing your $500,000 investment but also your likelihood of I-829 petition success enabling you to achieve continued permanent residence in the USA.

Or, taking another scenario, let’s say you invested in a program which was based on a developing a commercial property; it might be for example a hotel or an office. 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.

These are just two examples of issues that you should be considering before opting for any particular center. To discuss these points in more detail as well as which programs adopt a strategy that minimizes these issues contact info@WhichEB5.com

 
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EB-5 visa applicants need advice
January 4th, 2010
advice

Where can I get EB5 help and advice?

We always stress the need for EB-5 immigrant investors to obtain independent advice prior to investing in one of the seventy plus regional center programs.

Recent items of news illustrate just how important it is to be educated before selecting an EB-5 program.

On the negative side it was reported that four Korean investors in a Clark County South Dakota dairy farm, each invested $500,000 in the farm in an attempt to gain permanent U.S. resident status under the government’s EB-5 program. But according to a complaint filed this month in U.S. District Court in Sioux Falls, the farm was titled in such a way that left out the Korean investors.

On the positive side we advised you recently on news from a regional center where funds are presently being returned to investors who obtained unconditional permanent residence in the USA.

We understand the five places in a popular program for a University Medical Center have been filled already – not surprising given the popularity for programs with clear specific exit strategies. For more information please contact info@WhichEB5.com

 
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EB-5 Visa Immigrants Should Exercise Additional Caution in Regional Center Choice
December 17th, 2009

seek-helpThanks 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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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.