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From our experience we are aware
that there are a number of questions which potential EB5 applicants
should be asking but rarely do – we can cover these points with you.
Does it matter where the various regional centres are located?
As you can live or work anywhere you want to in the USA through the EB5
visa (pilot programme) you may feel or indeed be told that the location
of the various regional centres is not relevant.
However the location of a number of regional centre programmes could in
particular circumstances have a significant impact, for example after
two years and again when you are able to exit the programme and receive
your investment back.
We have discovered by visiting regional centres a much clearer idea of
the pros and cons of their location.
Unfortunately some applicants either rely on the brochures or if they
visit only go to one or two centres where they take the handout and
listen to the sales message – they rarely spend the time necessary to
look all around the surrounding areas, which we know from our time on
the ground can throw up issues that are of critical importance.
Should I believe the advertising?
In certain instances we have concerns regarding aspects of particular
regional centres when analysing the overall picture. Information from
the centres can vary from a few sheets to a massive amount of glossy
documentation which can be very daunting and confusing. One difficulty
can be that attorneys may obviously focus on the legal aspects of the
visa performance whereas in the case of the EB5 investment visa the
complete picture is important.
How helpful are some self help web sites which provide the benefit of
people’s experience?
We are frequently asked to contribute to leading magazines, guides and
newspaper articles as expert advisers guest columnists and writers of
feature articles.
We have seen a number of instances where a potential EB5 applicant has
written in after obtaining information from a web or blog site. Although
sometimes the information can be helpful we recently researched a large
immigration blog site which included totally misleading and incorrect
information. We received the following reply from the site which we
wonder if those taking advice were aware of.
"…………… does not screen communications in advance and is not responsible
for screening or monitoring material posted by Users. Nor do we
guarantee the accuracy, integrity, or quality of such User content.
Visitors to this site are reminded that the details contained within
comments are uncorroborated and as such should not be read as fact but
as the opinion of the person who posted the comment, and hence
…………….will not be held liable."
We also discovered a leading contributor had posted over 42,000 messages
on all manner of topics from marriage break ups to the state of living
in the UK – this would not be immediately evident to those seeking
informed and accurate information on the EB5!
Does it matter if particular centres focus on marketing in particular
countries?
There are a number of important but rarely considered Implications
relating to why certain regional centres focus on applicants from
particular countries, you should be aware of these when considering the
various regional centres.
What are some of the implications resulting from centres requiring you
to use a particular Attorney?
Some centres leave you free to choose an Attorney; a few require you to
use their own approved attorney.
There are specific points regarding the implications of this that are
not obvious which we have highlighted on a number of occasions.
We have spoken to representatives of a particular regional centre and
are confused by the information they have given us.
It is to be expected that Regional Centres are going to stress their
particular strengths and a few knock their competitors. However it can
be almost impossible to obtain an independent balanced perspective of
the advantages and disadvantages of the various programmes. Attorneys
specialising in the EB5 visa cover the legal aspects but often don’t go
into a nitty-gritty comparison of the various programmes.
Which key issues of the application process are people not told about
that may cause problems with their plans?
The timing of the EB5 process can for some applicants be of critical
importance and again from our long experience of working with EB5
applicants key implications are not pointed out until it is to late.
We found out about the EB5 through newspaper advertising or promotion at
an exhibition.
It really is important to obtain an impartial overview of all the EB5
options before making a far reaching decision on a particular programme.
We have considered the E2 visa?
A number of emigrants have experienced problems with these visas which
do not provide permanent residency and in a number of cases can and
indeed will require you to return to your country of origin. As a US
Government official said on a recent TV programme exposing questionable
immigration practices:
This extract is from a post on the ITV site in connection with a Trevor
McDonald program and may be of interest.
STATEMENT FROM US EMBASSY:
Thank you for the opportunity to respond to your concerns about the
processing of E-2 Investor Non-Immigrant visas at U.S. Embassy London.
It would be useful to give a sense of perspective on these cases. In
2006, U.S. Embassy London processed 2707 E-2 Investor Non-Immigrant visa
applications. Of these, 2363 were approved and 341 refused indicating an
approval rate of 87.39 per cent. We review every case to determine the
eligibility of the applicant under U.S. immigration law. When an
applicant fails to meet the legal requirements for the issuance of a
visa we are obliged to refuse it.
A Non-Immigrant E visa is not a good option for someone who intends to
reside indefinitely in the United States.
The treaty investor visa program was designed to enhance commercial
interaction between the US and other countries. It is not intended as a
means of self-employment or immigration. Should an E-2 visa holder
retire or sell his or her investment, the visa status lapses and he or
she must leave the US. The more secure option for those who wish to
reside indefinitely in the US is a permanent resident visa of "green
card". These visas are based on a relationship to a US citizen or
permanent resident, or on specialized employment skills.
Many British citizens purchase homes in Florida or other sunny locales
in the US and legally spend up to 90 days per visit without a visa or up
to 180 days with a B1/B2 visitor visa. In fact, many British "snow
birds" have been buying vacation homes to temporarily stay in Florida
from October through April every year for the last decade.
However, there is no US retirement visa, even for applicants who are
financially independent. Those who seek to reside in the US permanently
must pursue an appropriate immigrant visa. Prospective investors should
be cautious about claims from agents or salespeople that an investment
will assure their qualification for an E-2 visa, particularly if the
other party has a vested interest in the sale. Only a consular officer
may approve a visa. Prospective investors should review the information
on the Embassy website and consider seeking advice from a US immigration
law professional prior to making a financial commitment to any
investment for the purpose of obtaining a visa.
END OF STATEMENT FROM US EMBASSY:
05/11/2009 10:34:05 AM
Latest EB5 Questions
Having made a number of repeat visits to
various regional centers we are very aware how important it is to look
beyond the marketing information to the reality of how the programs
actually work and their track record.
The pros and cons of the centers can vary enormously depending upon your
priorities - most potential EB5 emigrants do not have the time to face
visit all 17 centers for sufficient time, and thus tend to rely on
marketing material
Just a few of the Questions we consider are;-
Why some centers seem to place a particular emphasis on visas and some
on investment and the implications of this.
Why we felt it was critical when visiting centers to look beyond the
actual meeting with the staff and what we subsequently discovered.
Why visa applicants need be aware of the implications of an RFE and what
can lie behind this
Why we needed to look beyond the marketing spiel regarding the regional
centre location
What are the implications of various nationalities seeming to opt for
different centers
What are the ratio of successful applications
What are the ratio of applications whose conditions are successfully
removed after two years
Which centers are close to returning investors funds?
We do not usually charge a fee for our services as
the EB5 regional centres pay us an introductory fee as independent
consultants.
If you would like to be sent information and brochures on the EB5
options, a report looking at certain options from a leading US
Immigration practice or would like a briefing on EB5 alternatives
click here
or telephone ++1.561.771.1330
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