Why Work with me on your EB 5 Investment
Objective Analysis of a Project and its Sponsors
There are close to 700 Regional Centers currently registered with USCIS. Not all of them have projects, quite a few have never successfully completed a full EB-5 project lifecycle, and many lack proficiency in the EB-5 process and regulations. In fact, the USCIS website categorically states:
“USCIS approval of an EB-5 regional center application does not in any way:
Constitute USCIS endorsement of the activities of that regional center;
Guarantee compliance with U.S. securities laws; or
Minimize or eliminate risk to the investor.
Potential investors are encouraged to seek professional advice when making any investment decisions.“
USCIS does not do financial due diligence on EB-5 projects, determine project viability, or screen project principals for creditworthiness or experience. USCIS’s only mandate is to ensure that the required investment has been invested in the EB-5 project and at least 10 jobs per investor have been (or have the potential to be) created.
Similarly, while immigration lawyers can advise on the legal criteria of the petition and program, they are not trained to give advice on the financial aspects of an EB-5 project.
Pursuing EB-5 requires risk and involves a substantial investment. Working with an EB-5 advisor to complete an objective, independent analysis of not only the project, but the professionals involved in every step of the process is imperative to protecting your investment of both money and time and giving you the most viable route to a green card.
I Have Been Through the EB-5 Investment Process
I am an investor in the EB-5 Visa program having completed the EB-5 process for myself and my family. I have also helped my brother successfully receive a conditional green card for himself and his family. There is no secret other than fanatical due diligence in selecting the right project (out of many available) and preparing an extremely well-documented source of funds (SOF) statement to avoid a request for evidence (RFE) from USCIS. In addition to my direct experience in EB-5, I have 15 years of experience in the finance sector, which informs my understanding of EB-5 projects as well as their risks and salient features.
EB-5 program policies change often, which can affect your strategy and investment. I stay updated with the latest USCIS policies related to TEA rules, redeployment of investor funds, and return of investment guidelines and work closely with EB-5 industry professionals to understand and interpret the effect of these policy changes on EB-5 projects.
I discuss your current situation with you and your family and give you all the relevant answers about the EB-5 program as it relates to your goals and personal circumstances. I evaluate your source of funds and give you the appropriate recommendations for preparing your source of funds documentation for your investment. I give advice on gaps in documentation and alternatives to satisfy the stringent USCIS requirements, so that you can avoid time delays in your petition adjudication.
Project Evaluation & Due Diligence
I present Investors with a selection of regional center projects after conducting my due diligence. My project evaluation includes:
Running a sensitivity analysis to determine project viability in both current and future market conditions
Ensuring a project includes adequate capital from developers and project sponsors to ensure securitization of EB-5 investor capital
Verifying that the project will create the jobs required as per USCIS regulations
Verifying that the funds be invested within the appropriate timeline to count towards the investor’s EB-5 filing
Running background checks on project principals to validate their credentials
Meeting and visiting project sites to check for progress of project construction
Confirming the position of investors in the project’s capital stack
Completing a risk analysis on the return of investment
Immigration Attorney Pairing
I will introduce you to a shortlist of the industry’s leading EB-5 immigration attorneys, who will provide a free one-hour consultation on your specific situation. Although I have considerable experience in the EB-5 world, it’s best for an immigration attorney to give you legal advice on all matters related to immigration law.
The attorneys I have worked with have filed hundreds of EB-5 petitions for all types of investors and they have gone above and beyond their scope of work to ensure that the investors’ I-526 petitions are well prepared. An I-526 petition can be anywhere from 500 pages to 1000+ pages. So, it’s critical that your attorney is experienced and prepares the I-526 package diligently.
I always tell my clients to start their tax planning immediately after filing the I-526 petition. When you become a conditional green card holder, you receive the full benefits of a green card, which means you are also subject to the same tax liabilities of a U.S. permanent resident. As such, you are required to declare your income (regardless of the country in which it is earned) from the day you become a conditional green card holder. Typically, this would be the day you arrive in the U.S. after a successful interview at the U.S. consulate in your country of residence.
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