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EB-5 News Archive for June, 2011








Why do some EB-5 applications get denied by USCIS?

June 14, 2011 @ 10:00 am
Posted by Exclusive Visas

According to the United States Citizens & Immigration Services (USCIS) there were 1,955 initial applications for conditional permanent residency made in 2010.  Of those applications approximately 165 were denied.

When asked by our clients why USCIS would deny an application it is impossible for us to give one blanket answer that will cover all of the possible reasons why an application would be denied, however we can give some examples of typical reasons USCIS may not approve an I-526 application

The most typical reasons for denial seem to be that the Applicant cannot or has not been able to prove the lawful source of funds being used for the investment.  Remember that a key factor in you being eligible to participate in the EB-5 Investor Visa Program is that you must be able to prove where you obtained the $500,000 USD or $1 Million USD being used for the investment.  Some of our clients from Iran, China, Russia and Vietnam for instance have had challenges when providing proper records and documentation of the source of their investment funds. This is why it is critical to work with professionals that have the experience needed to guide you in gathering documents that are acceptable to USCIS in proving these sources of funds and in perhaps engaging with well-known international accounting firms to prepare a proper “Source of Funds” report that is acceptable to USCIS.  Over the last 3+ years we have worked with people from many different countries, all with their own challenges that need to be addressed and documented in the proper manner and we can help you as well.

It is very important for your EB-5 Consultant to review your potential eligibility for the EB-5 Visa Program.  If you are considering the EB-5 Investor Visa Program as the path to help you and your family in obtaining permanent residency in the United States please contact Fred Burgess or Joe Sloboda from Exclusive Visas for more information on how we can help you by sending an email to info@eb5exclusive.com



What is most important to an EB-5 Investor?

June 13, 2011 @ 10:10 am
Posted by Exclusive Visas

Over the years of consulting to more than 100 successful EB-5 applicants from 22 different countries it is amazing to see that the same three concerns are raised by almost every client we consult. 

Making the decision to invest $500,000 USD into a company located thousands of miles from your home can be a very concerning decision to make and can leave a person with many sleepless nights.  However when we discuss this decision with clients from China, Russia, India, Vietnam, Venezuela, Great Britain or Mexico the three most common concerns are . . .

-              Will the project I invest into create enough jobs to make my green card permanent?

-              How can I be sure I will get my $500,000 USD returned to me at the end of the agreed upon investment period?

-              Is there a possibility of making any return on my investment, regardless of how minimal?

It is critical to look at how reasonable it will be for the EB-5 Regional Center and the EB-5 Project to provide successful answers to these questions and many others when considering investment into an approved EB-5 Project, while at the same time looking beyond the flashy marketing materials and not simply taking the advice of the “salesman” who may be receiving a hefty commission for you investing into the EB5 Project. 

There are many factors that need to be taken into account when considering investment into an EB-5 Regional Center and EB-5Project. If you are considering to enter into the Immigrant Investment Program as  a route to obtain Permanent Residency in the United States and would like more information on how this program may meet your personal goals then please contact Fred Burgess or Joe Sloboda by sending an email to info@eb5exclusive.com or by calling +954-727-9800

We often find ourselves talking to a new client who is currently living in the United States under the provisions of an existing visa, however these other visa options most typically do not provide permanent residence or green card status. 

Often these clients are calling us because they are finding themselves in a very precarious situation.  Perhaps their business is failing, or perhaps they simply want to retire and most commonly one of their children is about to turn 21 years old regardless of the reason they would like to stay in the United States and avoid having to return to their home country.

While the EB-5 Investor Visa has been available since 1990 in most cases it was perhaps not an option the client could consider previously.  Primarily due to financial restrictions or perhaps they simply did not know that the visa was available to them when they originally immigrated to the United States.  The fact of the matter is that the EB-5 investor visa is an option that can be considered by many people wishing to relocate to America or perhaps wishing to change their current immigration status and obtain permanent residency.  However there are many issues that must be considered before one rushes into applying for the EB-5 Visa and simply doing research on the internet can be a very risky proposition. 

If you are currently residing in the United States under an alternative visa program such as the L1, E2, H1-B, F or even O visa and would like to consider the EB-5 Visa as a way of obtaining permanent residency in the United States for you and your family please contact the Fred Burgess or Joe Sloboda from Exclusive Visas by email at info@eb5exclusive.com or call +954-727-9800 for a free consultation

When considering the EB-5 Investor Visa program some clients will ask if they should only consider a project that has a 100% success rate of creating the required 10 jobs per investor so that the conditions can be removed from the conditional green cards – this can also be referred to as a 100% approval of I-829 applications.  The problem with this requirement is that it is not very likely that as a current investor you will have the opportunity to invest into the same project that has had the success of creating all of these jobs. 

When considering the EB-5 investment it is critical to understand that every Project being offered (even if offered by the same Regional Center) is different from previous projects.  What may have been successful in creating enough jobs over the past 2 years may be very different from the current project that is being offered.  You also need to consider how reasonable it is for these additional jobs to be created in this same geographic area. 

For example:

A Regional Center is in a rural area with a low population and has had two very successful previous offerings (Phase 1 and Phase 2) and has resulted in numerous successful I-526 approvals and is now providing successful I-829 approvals

The previous two phases must create enough jobs that are equal to almost 10% of the local population

The newest (or third Phase) must create more jobs than the first two phases combined

How likely is it that this current EB-5 Project and Regional Center will be able to create more jobs than 15%-20% of the local population? 

This is just one of the concerns that must be considered when blindly considering a Regional Center based on past approvals of I-526 and I-829 applications.

If you would like more information on how the professionals at Exclusive Visas can help you in the research of the EB-5 Investor Visa program please email Fred Burged or Joe Sloboda  at info@eb5exclusive.com or telephone us at +954-727-9800

Some EB-5 consultants will lead you to believe that you should ONLY be considering an EB-5 Regional Center that has a 100% approval on the I-526 application (this is the initial application made by the Immigrant Investor that will result in the ability to obtain the “conditional green card”), however we believe that you should look beyond the claim from the Regional Center of having 100% approval and look more closely at the actual Project you will be investing into – keep in mind that as an EB-5 Investor you will typically be investing into a Limited Partnership that will be part of a specific business or development – you are not investing into the Regional Center (this is a very common misconception).

The Regional Center is typically a separate business entity that is raising money for another business or property development and it is critical for the prospective investor to look closely at that particular business.  Just because a Regional Center has had 100% success in obtaining conditional permanent residency for applicants into previous projects it does not guarantee that they will have the same success with the current project.

It is very important to not only review the Offering Documents of the Project but to also review the Business Plan and the Exit Strategy which should clearly explain how you will receive your money back at the end of the agreed upon investment term.

To learn more about how Exclusive Visas can help you obtain information on various Approved EB5 Regional Centers and Approved EB-5 Projects please email Fred Burgess or Joe Sloboda at info@eb5exclusive.com or telephone our offices by dialing +954-727-9800

EB-5 Investor Visas - Permanent U.S. Residency with the EB-5 Program

EB-5 consultants from Exclusive Visas assist foreign investors looking for EB-5 visa options to obtain U.S. residency. Each EB-5 consultant is experienced in EB-5 investor visa procedures.

2149 N Commerce Parkway Weston, FL
Phone: (954) 727-9800