By Pumping Capital Into Economically Stagnant Regions

 EB5 immigrants can pursue conditional Green Cards by investing at least $500,000 in one of over 200 (and counting) Regional Center projects located in areas that need an economic boost. The result is projects that may never have materialized otherwise, and new jobs for US residents. It’s a way to help out regions that have been particularly hard hit by the recession, and many local and state governments are starting to realize the potential benefits of this program.

By Bringing Business-Minded Individuals to the US

The entrepreneurial spirit has always been strong in the United States, and many of the country’s best entrepreneurs have been first generation Americans. Many people immigrate under the EB5 program because they simply have no way to make a comparable investment in their home countries. The US has always welcomed hardworking, business-minded individuals from all over the world.

By Creating Jobs Directly and Indirectly

In order for EB5 immigrants to keep their Green Cards, their investment in a US business enterprise must create at least 10 full-time jobs either directly or indirectly. Often, when a business is successful, it indirectly creates jobs in transportation, maintenance, food services, and other service industries. EB5 enterprises must prove their worth by creating jobs and putting Americans to work.

By Creating a More Diverse US Workforce

Having a diverse workforce is beneficial to US communities and workplaces, and the EB5 immigration program brings talented individuals from all over the world into the US economy. One of the things that makes America great is its history of welcoming immigrants. At Exclusive Visas, we help immigrant dreams come true by helping people immigrate to the US under the EB5 program.

U.S. officials say an envelope containing an unidentified substance was sent to the U.S. Consulate General in the southern Chinese city, disrupting operations and forcing a temporary closure at the diplomatic center. The Guangzhou unit is the only Chinese Consulate office that processes and interviews EB-5 investors.

An envelope was opened Monday in one of the offices where visa interviews are conducted. No one was injured and precautionary measures have been taken for employees present when the substance was discovered.

According to the US Consulate General Website, The Immigrant Visa Unit is closed for all visa operations through May15. Those with interviews scheduled for on and before May 15 will be contacted with instructions on how to reschedule their appointments. Offices are expected to re-open tomorrow (May 16, 2013).

The State Department would not describe the substance until it’s identified. However, the Yangcheng Evening News reported that the substance was a powder and that it had sprinkled onto an employee’s clothes. A sample of the powder has been sent for identification, and the consulate has informed the Chinese government. It is unknown whether the powder contained hazardous chemicals or it was just a malicious joke. No person or organization has claimed to be responsible.

Nolan Barkhouse, a spokesman for the US embassy in Beijing, said the embassy and consulates in other Chinese cities are not affected by the issue. “The visa services of our consulates in other cities remain open.” There are U.S. consulates in Chengdu, Shenyang, Guangzhou, Shanghai and Wuhan.

When applying for an EB-5 Visa, many focus on the initial approval of the I-526 petition. And while the approval of the I-526 is critical, it is not the final part of the process before immigrating to the United States. After the

The consular interview takes place at a U.S. Embassy or Consulate that has jurisdiction (typically where the citizenship of the applicant lies) over the beneficiary.  The purpose of the interview is to make sure the petitioner is not subject to any grounds of exclusion. Upon establishment of admissibility by the consular post, an immigrant visa to the investor is issued. The consular post will also determine if the spouse and the qualifying children of the investor are admissible. If the investor is denied an immigrant visa, applications by the spouse and children of the investor for such a visa will also be denied.

Immigrant visas are usually issued shortly after the interview, unless the consul detects problems in the visa application, the underlying I-526 petition, or during the interview process. Visa applicants should allow six to twelve months after the I-526 is approved to complete consular processing, although times for processing vary greatly among consular posts.

Upon Consular approval, travel documentation and conditional green cards are issued to investors and their family members. Investors are required to enter the US within six months of the date of the Embassy approval. After two years, the I-829 petition may be filed to remove conditions and change green card status from conditional to permanent. Removal of conditions petitions are not conducted by the consular post, but by USCIS.

Immigration officers carrying out the immigration interviews are given great deference in using discretion when questioning applicants. However, there are basic approaches for preparing efficiently for the Consular interview.

Be on time for the scheduled immigration interview. Simply securing an immigration interview appointment can be difficult. With caseloads at record volume, being only minutes late after the slated time in a hectic United States consulate or at U.S.C.I.S. office, can throw the interview off its schedule and possibly endanger the entire case. Therefore, it is a good idea to arrive at least 30 minutes before the reserved immigration interview. 

Pay attention to every single question the officer asks and then respond appropriately and truthfully. Listen closely to each thing the interviewer asks. Answer each question specifically. Do not offer less or more information.  Not responding to a question or giving the official a great deal more information than requested can confuse and often aggravate the interviewer. The goal is to keep the official as comfortable as possible, increasing the likelihood of an expedited approval. Therefore, it is okay to not remember or not know the reply to a query (rather than risk not being accurate).  

Bring a copy of your I-526 petition to the Interview. Even if documents were sent together with the application, access to them could be limited. Therefore, it is a good idea to bring copies of all legal documentation to the interview to insure easy access should the immigration officer request a document. 

Under the EB-5 program the investor is issued a conditional Green Card providing Permanent Residency for themselves, their spouse and children (under the age of 21) on an investment of at least $500,000. The investment must result in the development of at least 10 permanent jobs.  

While key features of EB-5 are easily stated, the EB-5 process can be arduous and confusing. Besides the Consular interview, the entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas Eb-5 consultant now.

Why the EB-5 Visa and not any other visa? Visa options are few for retirees. Since retirees have ended their careers, a working visa or a visa based on employment is not an option for those wishing to retire and live in the U.S. permanently.  

Through the EB-5 Regional Center Program, retirees have the option to work or not work –  if they desire, to live anywhere in the United States, and to travel in and out of the country whenever they wish. And unlike some other visa options, the EB-5 Regional Center pilot program does not require candidates to directly operate a business.

The EB-5 program provides permanent resident status for husbands, wives, and unmarried children (under the age of 21). In return for a $500,000 investment in an approved Regional Center program many can achieve their dream of retiring in the US. The ability to obtain permanent residence makes EB-5 stand out when considering other visa options.

CLICK HERE TO SEE EB-5 REQUIREMENTS

For more on the EB-5 program contact Exclusive Visas. An Exclusive Visas EB-5 Expert will see to it that the retiree has the factual and trustworthy information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.  Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of achieving their goal of retiring to the U.S.

Contact Exclusive Visas today for full details on how EB-5 may be able to help you achieve your retirement goals.

Demand for the EB-5 program has grown substantially, as Brazilians increasingly wish to become US residents without dealing with the hurdles, and delays imposed by other immigration options. The EB-5 Investor Visa program is particularly attractive for those who are not fluent in English, or for those who do not have the option of being sponsored either by a US employer or US citizen family member.

The meetings will be held in Rio de Janeiro, and appointment times, although limited, are still available.

Contact Renata Castro at Renata@exclusivevisas.com or by phone at 55 11 3522 9140.

Ombudsman Maria Odom noted in the meeting’s report that the EB-5 program can be an engine of economic growth and spur job creation. Ms. Odom reported that:

• As of March 5th, there were over 243 approved EB-5 Regional Centers in 40 states and two territories, compared to just 25 EB-5 Regional Centers in 2006;
• Investor interest in the program is spreading not just in Asia, but from all corners of the globe;
• EB-5 filings have surged year after year for the past three years; and
• In FY 2012, over 7,400 EB-5 visas were issued.

Panelists from government and the private sector made recommendations for improving and expanding the EB-5 program:

• The EB-5 program facing stiff competition from countries with more predictable and speedy immigrant entrepreneur programs needs stability and predictability allowing for reasonable commercial risk taking by petitioners.
• To compete, hallmarks of the EB-5 program should be fairness, due process, increased transparency in policy formation, and predictability in adjudications.

One participant stated that the current administration of the EB-5 process is hurting “Brand USA,” and foreign investors are taking advantage of immigrant investor programs offered by other countries. Another pointed out that many individuals who obtain EB-5 visas make significant investments over time in the U.S. economy and culture; the initial investment made under the EB-5 program is just the start.

Stakeholders also expressed issues that need USCIS attention. According to the Ombudsman’s report because there is not meaningful dialogue; useful email responses; and case status tracking between petitioners, regional center representatives, and adjudicators many stakeholders (and petitioners) are in the dark with no other utility to inform them of a pending result.

Stakeholders emphasized how the program’s lack of reliable adjudication standards and accurate processing times undercuts the legal and business interests of petitioners. Since current processing times can be as long as two years and accurate information about adjudication timelines cannot be obtained, prospective investors are also discouraged by the lack of dependability. According to the report these shortcomings are causing potential EB-5 petitioners to consider similar programs in Australia and Canada because they are easier to navigate and more transparent.

Finally, stakeholders voiced concerns over the effects of moving EB-5 processing operations from the California Service Center to DC headquarters expressing concerns over the likelihood of additional costs and delays during the transition period.

For the latest information on the EB-5 program including recent and expected (future) changes contact an Exclusive Visas EB-5 expert NOW.

“The EB-5 program is not an area anyone should attempt to navigate without an experienced expert at their side,” said Joe Sloboda, Vice President of Exclusive Visas, a Weston, FL-based Immigration consultancy. “While the key features of EB-5 are easily stated the EB-5 process is dynamic and can be arduous and confusing,” said Mr. Sloboda.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate and what can be expected from newly (and future) proposed reforms. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas EB-5 consultant now.

While most applications are returned by USCIS (unapproved) to petitioners with Requests for Evidence (RFE) an RFE is not a denial in the eyes of USCIS. It is simply a next step in the process of developing the petition. Each evidentiary issue in question is to be addressed by the applicant and then submitted back to USCIS for eventual approval. 

Unlike a true Denial, most I-526 RFEs can be overcome. However, RFE issues that involve the regional center program or project may not be so easy to resolve. If they cannot be resolved the case could be denied altogether. In many cases it may be better to withdraw an I-526 petition endangered because of program or project issues and refile, rather than appeal or fight USCIS.

Last year the approval percentage for I-526 petitions was only 79 percent. No matter how carefully a specific EB-5 project is carried out many factors, both within and beyond the control of a specific EB-5 project can adversely affect the EB-5 project and its investors.

According to the USCIS, its Administrative Appeals Office (AAO) has jurisdiction over the appeals from decisions on most immigration petitions and applications that are entered by USCIS regional service centers and district offices.

There are numerous types of petitions and applications within the AAO’s jurisdiction, including employment-based immigration petitions, various waivers, legalization, and temporary protected status applications. The AAO produces appellate decisions that provide fair and legally supportable resolutions of individual applications and petitions for immigration benefits. These decisions provide guidance to applicants, petitioners, practitioners and government officials in the correct interpretation of immigration law, regulations and policy.

Once a case is denied, it is very hard to overcome the reasons for the denial and get it approved. This can delay the immigration process for up to a year. Furthermore, it is commonly held by industry insiders that AAO will never reach a different conclusion than the one originally reached by USCIS. In fact: AAO has never overturned USCIS’ final decision. Therefore, appealing the case to AAO is seen as futile and therefore not recommended.

Luckily, I-526 denials are not fatal. “Applicants always have the option of withdrawing a currently filed I-526 petition in order to correct problems. “Applicants should take action promptly to address reasons for the denial in order to preserve their rights. The file however, must be resubmitted and the process restarted costing the applicant valuable time, money, and energy,” according to Joe Sloboda, Vice President of Exclusive Visas, a Weston, Florida-based EB-5 consultancy.   

The EB-5 process can be arduous and confusing. The entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC. It is not a world anyone should attempt to navigate without an experienced expert at their side.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas EB-5 consultant now.

According to the United States Citizens & Immigration Services (USCIS) of the 4,176 applications for conditional permanent residency made in 2012, 775 were denied.

And even though USCIS does not provide reasons for application denials, according to industry insiders many denied I-526 petitions have something in common: They were prepared by the petitioner.

The EB-5 visa is widely known as one of the most complicated, and expensive U.S. visas to obtain.  It’s hard to understand why an applicant would chose to prepare their own EB-5 application. They are about to make an investment of $500,000 or more, move to another country (with their family) and start a new life.

 “If there was ever a time for experienced, professional help in preparing a visa application to a successful outcome, it’s when there’s $500,000 on the table and permanent U.S. residency is at stake,” Said Joe Sloboda, Vice President of Exclusive Visas, a Weston, Florida-based EB-5 consultancy.

“It is not prudent to make such a large investment of time and money, without the advice of a competent experienced professional,” according to Mr. Sloboda.  Professional fees are a small price to pay to protect the petitioner’s investment and future, he said.

Because the EB-5 visa is one of the most difficult visas to file, in all likelihood an I-526 application will probably be denied if the applicant has prepared the documents and business plan, themselves. Once a case is denied, it is harder to overcome the denied reasons and get it approved. This can delay the entire immigration process.

Hiring an EB-5 consultant in the first place can actually save both time and money. “Fixing a petition typically ends up costing applicants more than if they hired professionals in the first place due to the added burden of reviewing and fixing  the petition,” Mr. Sloboda added. And there are no guarantees. The original application may be so problematic that it cannot be solved thereby ruining the applicants chances of a successful petition in the future.

The EB-5 process is not a world anyone should attempt to navigate without an experienced expert at their side. The entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate and what can be expected from the newly proposed reforms. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them piece-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas EB-5 consultant now.

Time of Investment and the I-526

Many EB5 applicants want to know if the full amount of investment must be invested before the I-526 is filed. While it is not necessary for the entire amount to be invested before filing an I-526, EB5 investors are required to be in the process of investing the money. Applicants will have to show that they have taken substantial steps in the investment process, for example with deposit records or proof of purchase of assets.

Why Processing Times Are Currently Longer

As of spring 2013, many factors have conspired to increase processing times of EB5 visa applications. For one thing, more applications are being filed than ever before. Additionally, the move of EB5 visa processing facilities from California to Washington, DC is causing some applications to be processed more slowly than they would be otherwise. Unfortunately, problems with a small number of EB5 Regional Centers have resulted in delays too.

Currency Issues and EB5 Applications

Many EB5 applicants from Europe are particularly concerned about their investments due to fluctuations in the value of the Euro versus the US dollar. Should the Euro fall in value, these investors may have to absorb losses. EB5 consultants can help applicants from countries that use the Euro to time their applications and investments to meet requirements while minimizing risks of unfavorable currency fluctuations.

How EB5 Consultants Can Help

Obtaining EB5 investors visas is a complex process that requires time and attention to detail. Many applicants choose to work with US-based EB5 consultants who work with skilled immigration attorneys to help the process go as smoothly and efficiently as possible. At Exclusive Visas, we are dedicated to helping EB5 applicants make the best possible case for obtaining their EB5 green cards.

Senators Graham, Rubio, Flake, Schumer, McCain, Bennet, Menendez and Durbin, have submitted in their bill changes that include: the recapture of unused immigration visas from past fiscal years; making the EB-5 Regional Center program permanent (it was originally introduced as a pilot program in 1992 and continues under that status); eliminating per country quotas for visa numbers (China is predicted to reach its quota in 2014), and issuing more EB-5 immigrant visas, which is currently capped at 10,000 visas. 

The Border Security, Economic Opportunity and Immigration Modernization Act of 2013 as it is titled proposes changes that will benefit the EB-5 Program, which in turn will increase job creation and foreign investment in America. These provisions to make the program a permanent one will improve U.S. communities and infrastructure by attracting foreign investors to the U.S., according to Senator Patrick Leahy (D), Vermont.

The chief EB-5 proposals in the bill include:

• Making the EB-5 Regional Center program permanent. Introduced in 1992 as a pilot program, its status has remained unchanged yet has been consistently reauthorized by Congress since its inception. Its latest extension is through September 30, 2015.
• Recapture of unused immigrant visa numbers from prior fiscal years.
• Elimination of per country quotas for employment based visa numbers (China, the largest consumer of EB-5 is predicted to reach its quota in fiscal year 2014). 
• Exemption from EB-5 immigrant visa numbers for spouses and children of principal applicants, resulting in the allocation of the currently capped 10,000 visas solely to principal investors. 
• Additional immigrant visas for the EB-5 program as a whole.

Contact Exclusive Visas to discuss how Comprehensive Immigration Reform relates to the EB-5 program and what it means to you.

For many foreigners the EB-5 program is the fastest way to work and establish permanent residence in the U.S.The EB-5 visa does not require having a close relative or a U.S. company willing to sponsor the immigrant, as required by conventional immigrant visas.

Under the EB-5 program the investor is issued a conditional Green Card providing Permanent Residency for themselves, their spouse and children (under the age of 21) on an investment of at least $500,000. The investment must result in the development of at least 10 permanent jobs.  

While the key features of EB-5 are easily stated the EB-5 process can be arduous and confusing. The entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC. It is not a world anyone should attempt to navigate without an experienced expert at their side.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate and what can be expected from the newly proposed reforms. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas EB-5 consultant now.