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Sunday, April 22, 2012

What is the smartest and safest way to obtain permanent residence under EB5 visa category?

Many regional centers have been decertified by USCIS, due to which dozens of investors have lost their immigration status. More importantly, many investors have lost all or significant portions of their equity after investing in regional centers, with the latest example being found in Louisiana (http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CJYBEBYwAA&url=http%3A%2F%2Finfo.eb5info.com%2Fbid%2F134818%2FEB-5-Visa-Investor-Lawsuit-Alleges-Fraud-Deceit-in-New-Orleans-Regional-Center-Investments&ei=lImUT6jJGuOQ2QWN5o3tBA&usg=AFQjCNFiv8s6zCutVrulOMduWN8tPqNQlg). If an investor were to ask regional centers for their audited financial statements, most will refuse to furnish them. If investors ask Regional Centers on the rate of return for past 3 years, almost none will show rates above 3% per annum, and most have a track record of offering returns of 1% per annum or less.

So, how do investors avoid risking their capital and immigration status while still getting the benefit of the EB5 visa?

The simplest and safest way is to apply for EB5 visas under the direct investment route, and starting up or buying businesses such as delis, gymnasiums, clinics, liquor stores, gas stations, laboratories, workshops, farms, etc. where not only is it harder to risk capital losses, it is also typical to get annual ROE of 15% or more.

More importantly, EB5 visa investors who opt for direct investment have full control over their businesses and can manage every aspect of their business, including hiring the minimum 10 employees required to comply with the USCIS requirements in an indisputable fashion, which helps investors avoid any denial or revocation of their immigration status.

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