March 23rd, 2010 |
 In order to qualify under the EB-5 investment visa, you must invest with a regional center program that has had its application for designation as a regional center approved by USCIS. Moreover, the regional center must maintain compliance with the regulations and guidelines of the EB-5 Immigrant Investor Pilot Program, or USCIS can strip the program of its regional center designation, and then those investors who have not yet removed the condition from permanent residence could potentially cease to qualify for conditional permanent residence.
In short, without the regional center designation, there is no permanent residence for the client and no regional center program for the entity that originally obtained the designation.
We understand from the recent meeting with the USCIS that more structured reporting by the regional centers can be expected soon. This may or may not lead to regional centers losing their designation. Feel free to contact us to discuss this important issue before you decide on a choice of regional center for your investment visa. |
| |
Tags: eb-5, immigrant investor, investment visa, regional center, uscis
Posted in Immigration | No Comments » |
March 22nd, 2010 |
 This is where all EB-5 Visa applications are adjudicated Last week I had the pleasure of attending a forum hosted at the United States Citizenship and Immigration Service at the California Service Center in Laguna Niguel, California (this is where all EB-5 applications are sent for adjudication). It is a unique location as you can see from the picture, and was well worth the expedition from Florida to be in attendance at this event.
Senior Service Center staff provided an update on the EB-5 visa and there was an informal question and answer session with a panel of EB-5 senior managers, supervisors, and service center counsel. Afterward, members of IIUSA (a professional group representing EB-5 stakeholders) met to discuss the subjects that were tabled at the meeting.
If you are considering the EB-5 visa and would like an update regarding all positive and negative aspects of the various regional center options, including the views put forth by the Government agency that adjudicates EB-5 visa applications, please feel free to contact us for an update and/or discussion. |
| |
Tags: california service center, eb-5, IIUSA, regional center, uscis, visa
Posted in Immigration | No Comments » |
March 1st, 2010 |
 It is interesting to look beyond the headlines used to promote regional center programs.
Here are some example headlines we found and the reasons you need to explore deeper to expose ALL the details before you choose a regional center for your EB-5 visa.
1. “The only Designated Regional Center in the U.S. controlled and supervised by State Government.”
The Regional Center investments that operate under the banner of a state can sometimes confuse prospective investors in terms of the implications of this status. For example, has the “State Government” any responsibility for repayment of the investment? Some investors assume such designation may offer a safety net. Another question might be: What role does the state government play in the exit strategy regarding the then value of the investment?
Some regional centers, at different times, have made this claim. One program that operated under a State banner is reportedly the subject of litigation. This could raise raises questions as to how far the “state” supervised the program.
2. “A 100% success record for EB-5 Visa approval and faster approval times.”
Many centers have a 100% successful track record, at least at I-526 stage. As regards faster approval times; centers generally get approvals within the USCIS average time lines however, for specific reasons relating to “Requests for Further Evidence” RFEs, and the nature of some programs, some centers have had longer approval times.
3. “In 2009, a total of 4,218 wealthy investors from outside the U.S. successfully applied for and received an EB-5 visa. But many are left asking what has accounted for the recent interest the program has been receiving”?
Firstly a few points regarding these figures which may seem a little pedantic but are important for reasons that can be explained.
The figure quoted includes the spouse and children of the investors; it does not mean there were actually 4218 individual investments in regional centers. - Many investors have a spouse and at least one child so the number of actual investors is nearer a third of the total number of visas. Secondly, the figure for 2009 contains a substantial number who invested in 2008; delays in processing carried these over into 2009.
The main change to be aware of in the figures for 2009 is actually the nationality of investors, with a greater proportion of Chinese investors in particular. China has seen a significant sales focus by a number of regional centers and their agents based in China. This has meant certain programs have mainly Chinese investors whose particular motivation and awareness may have implications.
4. “The regional center returned my investment in three years.”
Three years is generally unrealistic given current review times. That is unless the client is selling out at the moment their I-829 petition is approved. This could be extremely dangerous
Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet. You can read excerpts of the book at our book website and/or contact the authors via Which EB5. |
| |
Tags: andrew bartlett, china, Chinese investors, eb-5, exit strategy, Green Card via the Red Carpet, I-526, I-829, investors, litigation, regional center, request for further evidence, RFE, state government, stephen parnell, uscis, value of the investment, visa, Which EB-5
Posted in Immigration | No Comments » |
February 26th, 2010 |
 Consider the Pros & Cons of your EB-5 Visa Program Choice For those deciding which EB-5 regional center program to invest in, life was, in some ways, a lot easier a couple of years ago when there were only a few centers to choose from. Now with more than 75 regional centers it seems a lot more complex.
However, a number of these centers are not yet offering a program, some have no measurable statistics to analyze and others have not built up a critical number of applicants; does that make it easier or tougher?
Hardly a day goes by when we do not see a news headline in a local newspaper or magazine in the USA, flagging up an issue that will be of interest if you are considering a particular EB-5 program. However, although the number of centers would seem to make the choice more complex there is also more information available. In the early days of the program there was very little to go on. Now that some centers have been operating long enough it is possible to obtain details on which programs have returned the initial investment, where there have been I-829 (removal of conditions) refusals and why. Additionally, the USCIS have clarified some important points.
All in all, now there is at least more concrete information to base your decision on. For more questions and THE ALL IMPORTANT ANSWERS contact Which EB5 |
| |
Tags: eb-5, eb5, I-829, investment visa, regional center, USA, uscis
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. |
| |
Tags: economic model, green card, I-526, I-829, job creation model, permanent residence, regional center, uscis
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. |
| |
Tags: I-526, regional center, track record, uscis
Posted in Immigration | No Comments » |
February 4th, 2010 |
 Job creation in the EB-5 Visa Program This is particularly important at the I-829 stage when conditions are removed, assuming of course that the $500,000 principal has been utilized as required, and the 10 jobs required have been created.
All too often this is an area where not enough attention is given, and in many cases evidence of jobs created will be required. In certain cases a delay or problem with a program could jeopardize the creation of these all important jobs.
However, there is an interesting alternative that is operated by a very small number of regional centers. USCIS recently indicated they are accepting the use of economic models based on infusion of capital. If such a model is used to calculate job projections at the I-526 stage, an investor could receive credit for job creation at the I-829 stage by establishing that the regional center utilized the requisite amount of capital into the new commercial enterprise, and that the new commercial enterprise spent that capital. All this could be done without specific direct data about actual job creation.
“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 demonstrate the creation of the indirect jobs without the submission of further detailed data about job creation at the Form I-829 petition stage”.
Contact Which EB5 for more information on job creation methods and the effect upon your EB-5 visa success. |
| |
Tags: eb5, I-526, I-829, job creation, regional center, uscis, visa
Posted in Immigration | No Comments » |
February 3rd, 2010 |
 How many I-526 petition approvals does this Regional Center have? The majority of regional centers claim to have a 100% record at I-526 stage.
There are however a number of problems in simply listing which regional centers have a 100% record at I-526 stage. In fact, following several years of investigation we have covered this point in our latest book Green Card via the Red Carpet.
The initial problem is that USCIS does not provide this data; therefore the only information comes from the regional centers themselves. In some cases this may be of concern. Even with such information there are further issues, for example –
• A center may have had rejections through no fault of its own – for example an applicant could not satisfy the proof-of-funds condition.
• A center with only 20 previous applications may claim to have a 100% record, whereas a far more established center with several hundred successful applications may only have 98% success.
Beware of statistics, they can be misleading. For more information on I-526 Immigrant Petition by Alien Entrepreneur contact Which EB5 |
| |
Tags: eb-5, established, Green Card via the Red Carpet, I-526, imigrant petition, regional center, rejections, success, uscis
Posted in Immigration | No Comments » |
February 1st, 2010 |
Which EB5 sometimes come across potential EB-5 visa applicants attempting a very analytical approach to compare the various regional center alternatives.
In the absence of detailed statistical regional center information from USCIS, searching for meaningful data often results in asking a regional center (not always ideal) or relying on information usually found buried somewhere on a web site. As part of our ongoing research, we regularly monitor information relating to the EB-5. The latest batch of incorrect information includes –
• A site offering consultancy services on various centers which quotes an entirely inaccurate figure for I-829 (Removal of Conditions) successes for a particular regional center. We know the figure to be incorrect as the center in question has not been operating long enough to obtain any I-829 approvals for its clients.
• A site quoting a whole range of comparative figures that are over two years old, particularly worrying given the completely different economic climate in 2010.
For an independent look at EB5 statistics contact Which EB5 |
| |
Tags: eb-5, eb5, I-829, regional center, statistics, uscis, visa, Which EB-5
Posted in Immigration | No Comments » |
January 27th, 2010 |
 A list of useful questions for all EB-5 visa applicants Over the past few days we have looked into the questions that really need to be asked when looking at short listing the regional centers that you are interested in. We have given examples of questions which can lead to misleading and somewhat dangerous conclusions. Today we will focus on the question of jobs which we feel can be of significant importance but is often skimmed over or neglected completely.
We have already covered concerns we have resulting from the need of regional centers to create 10 jobs to comply with USCIS requirements. In many cases these jobs, will at some stage, (probably I-829 Removal of Conditions) require evidence such as individual tax records to prove that the jobs exist.
However, there is an interesting alternative that is operated by a very small number of regional centers.
USCIS has accepted the use of economic models based on infusion of capital. If such a model is used to calculate job projections at the I-526 stage an investor could receive credit for job creation at the I-829 stage simply by establishing that he/she invested the requisite amount into the new commercial enterprise, and that the new commercial enterprise spent that capital, regardless of any data about actual job creation. Call us for clarification of this important point. +1-561-771-1330 or email at info@whicheb5.com
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, such as RIMS II, IMPLAN, etc. 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.
So what does this actually mean in relation to the jobs aspect – for detailed information contact Which EB5 via phone or email: +1-561-771-1330 or info@whicheb5.com |
| |
Tags: I-526, I-829, IMPLAN, indirect job creation, regional center, RIMS ll, uscis
Posted in Immigration | No Comments » |
|
