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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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Tags: consultants, E2, eb-5, F visa, H-1B, highest commission, immigrant investor, L1, permanent residence, regional center, track record, USA, visa, warning, Which EB-5
Posted in Immigration | No Comments » |
April 5th, 2010 |
 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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Tags: eb-5, I-526, I-829, immigrant investment, immigrants, regional center, track record, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
March 5th, 2010 |
 This is an area that can be overlooked when looking into the various EB-5 investor visa regional center program options. Many ask what it means.
In summary, regional center programs vary considerably both in size and popularity. Some Centers have programs only requiring a few investors, some, such as a proposed car plant, will require hundreds even thousands of investors.
Some centers have an established track record and it is possible to determine how long it is likely to take for the program to be fully subscribed; with others there is very little evidence to go on.
However, the questions that need to be asked are:
• What happens if a program does not fully subscribe, can it then go ahead?
• If not, what happens to job creation?
• Will you ever get your money back?
These are clearly very important issues particularly in the current economic climate and ones that seem all too often to be receiving less than adequate attention.
Ask us what this means to the safety of your regional center choice. Contact the experts at Which EB5 for information on regional centers.
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Tags: application, eb-5, eb5, investor visa, job creation, money back, regional center, track record, visa
Posted in Immigration | No Comments » |
February 8th, 2010 |
Many regional centers claim to have an excellent record at I-526 stage (approval of your petition by the USCIS service center) however, there are problems in simply listing these regional centers. USCIS does not provide this data; therefore the only information comes from the regional centers themselves, this can be of concern.
Even with such information there are further issues of concern; Examples:
• The economic outlook may have changed since a regional center received earlier I-526 approvals and there may now be concerns that the necessary jobs will not be created, or the exit strategy may be vulnerable and all the investment not returned, or delayed.
• Projects with insufficient size or momentum may have potential issues. For example, if a program requires 50 investors, but only has succeeded in signing up 20, could failure to raise the required funds compromise the project? Does the center have sufficient experience with USCIS if these issues arise?
By the time a regional center has successfully reached one hundred I-526 approvals it has at least established a track record that can be measured, although there are still very important issues you need to be aware of.
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Tags: I-526, regional center, track record, uscis
Posted in Immigration | No Comments » |
May 15th, 2009 |
One of the first questions that immigrants will want answered is,
What is the center’s track record for getting EB-5 visas approved?
Indeed this is an extremely important question to ask, and to have answered. However, this is also a question that needs qualification, and is only a place to start. The inquiry should never end here, and no decision should be based only on the percentage or number of successful EB5 visas approved through a given center. In addition to this figure, some other important questions to consider include (but are 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?
• 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?
o Of those, how many were approved?
o How many were denied?
• How many I-829 petitions (Petition by Entrepreneur to Remove Conditions) have been filed for the regional center?
o Of those, how many were approved?
o 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?
This list alone constitutes a lot of questions and answers; and that is not nearly the end of the inquiries that you need to be making to ensure the safety of your investment and reliability of your application being approved. Even if you were able to get answers to all of these questions (and realistically that is very hard 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 advisor 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 third-party advisor 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 advisor 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.
In our next blog we will look at: Job Creation Methodology of the Regional Center
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Tags: eb-5, I-526, I-829, regional center, track record, visa
Posted in Immigration | No Comments » |
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