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Thursday, November 28, 2013

Wannabe regional center promoter Julia Park attempted to fact check me about EB-5 visa program and fails miserably.

Julia Park tried fact checking me in her blog article at http://juliaparklaweb5.blogspot.com/2012/10/direct-vs-regional-center-eb-5s-part-2.html and I'd love to take this opportunity to show just how far she fell flat:

  1. Ms. Park claims that there is NO WAY that claims of loss of capital can be proven about regional centers. I say there is a simple way: Have all regional centers publish audited books of accounts, so that people know for a fact whether I lie or speak the truth. I am quite confident when I state that a majority of investors in regional centers DO suffer capital loss of at least 5%. I also am quite confident in stating that it is quite unusual for EB-5 visa investors in Genuine Direct Investment Businesses to suffer capital losses. If you'd like to learn more about how to identify a Genuine Direct Investment Business, please read http://eb5-expert.blogspot.com/2013/11/why-is-genuine-direct-investment.html.
  2. Ms. Parks claims "Whether investors who invest in direct projects "usually" get double digit returns, is up for debate." I can state with confidence that it is quite common for investors in Genuine Direct Investment Businesses to profitably create 10 jobs AND earn annual returns of 20% or more. Of course, risky franchises, unscrupulous partnerships and other scams don't count.
  3. Apparently Ms. Parks hasn't heard of PIPE, Reverse Mergers and listed shell companies that are available for sale. It is a lot easier to go public than Ms. Park implies. Also, I can confidently state that a Genuine Direct Investment Business usually sells quite rapidly IF the EB-5 visa investor wants to sell it, and due to the fact that they are usually cash cows, owners are usually reluctant to sell them.
  4. I suggest Ms. Park use Google to confirm that at the time of her statement, at least 6 regional centers had been decertified or were in the process of being decertified, and as of today that number is a lot higher.
  5. I can confidently state that a vast majority (over 90%) of regional centers have violated securities laws, engaged in conflict of interest, and failed to disclose these and other material facts to EB-5 visa investors. In the US, this is known as SECURITIES FRAUD.
There is NO ambiguity or answer of "It depends" when it comes to what is the best option for EB-5 visa investors, and any objective attorney and CPA will clearly advise EB-5 visa investors to choose a Genuine Direct Investment Business and avoid regional centers and partnerships due to fraud, conflict of interest, mismanagement, low returns and terrible exit strategies.

 EB-5 visa seekers should remember that Genuine Direct Investment businesses are THE BEST option to get the EB-5 visa quickly, safely and usually profitably for the following reasons:

  1. Faster processing and approval times.
  2. Easy exit strategy.
  3. Investors usually get a much higher Return on Investment.
  4. Investors usually get a much higher Capital gain, whereas regional center investors usually get capital losses.
  5. Our clients have a 100% approval rate of I-526 and I-829, while those who choose regional centers or other partnerships don't.
  6. Our clients have very little risk as we conduct extensive due diligence and work hard to prevent fraud and conflict of interest, whereas regional centers and partnerships are overrun with fraud and conflict of interest.
  7. Full control of business and capital, which helps prevent fraud, conflict of interest and losses.
EB-5 visa investors need to remember that we offer THE BEST service when it comes to offering a turnkey solution for the following reasons:
  1.  Our clients ALWAYS have full control of their business and their money. Those who choose regional centers and partnerships usually have to kiss their money goodbye, and are STUCK for 5-9 years.
  2. We offer a written guarantee of freedom from fraud and conflict of interest, whereas our competitors usually don't offer this guarantee.
  3. We offer a written guarantee of FULL disclosure of material facts on an ongoing basis, whereas our competitors usually don't offer this guarantee.
  4. We offer a written guarantee of full fee refund in case a client is rejected due to our team's fault, while our competitors usually don't offer this guarantee because they are incompetent cowards who are unsure about the quality of their work.
  5. Since 2004, our clients have NEVER been denied at the I-526 and I-829 stage, and have NEVER suffered operating or capital losses, and have usually earned over 22% annual Return on Equity because of our focus on due diligence and our extensive efforts to reduce risk by preventing fraud and conflict of interest. Try finding a regional center or partnership that boasts of this record.
  6. We are quite objective in our assessments, and owe a fiduciary duty to our EB-5 visa investor clients, while those who sell regional center and partnership securities usually do not owe fiduciary duties to EB-5 visa investors. In plain words, we are required by law to put our clients interests first, and we do so because it helps us more than it helps our clients!
  7. We are probably the ONLY firm that actually encourages our clients to always stay in full control of their business and their funds at every stage as this helps us avoid escrow accounting and reduces potential for fraud, embezzlement and litigation.
If you're an EB-5 visa investor who wants to get their green card quickly, safely and in a usually profitable manner, please contact us. You'll be glad you did!

Yours truly,
Mohammed Shaikh, Licensed RE and Business Broker (CA & FL)
Phone: +1 407 535 0616 Online: htttp://www.smartbusinessbroker.com

MCFI USA joins long list of crooks who mislead EB-5 visa investors in attempt to defraud them. Regional Centers lie and cheat because they can't survive doing business honestly.

I reviewed MCFI's site  ( http://www.mcfiusa.com/TheInvestment/InvestingDirectlyvsaRegionalCenter.aspx) and discovered that like all regional centers, they are outright lying to and misleading EB-5 visa investors in an attempt to fraudulently deprive EB-5 visa investors of their hard earned money.

As usual, I will list the reasons why I call them liars, and if I am wrong, they are welcome to objectively rebut my statements on this blog for the world to see:

  1. MCFI claims "The foreign investor must seek out and identify an investment project that meets all of the requirements need to qualify for the EB-5 visa standard program before he leaves his native land." I say that this statement is false for 2 reasons: a) Several investors were actually in the US when they selected which business they wanted to go ahead with, b) Experienced Business Advisers and Brokers like myself often recommend great business opportunities to clients, and my clients have gone ahead with my recommendations with great results such as 100% approval of visa petitions since 2004, ZERO capital loss and ZERO operating loss since 2004. 
  2. MCFI claims "The foreign investor must submit a computer generated IMPLAN or RIMS II job creation study to the USCIS to qualify the project for acceptance." I say this is a lie and there is no such requirement in Direct Investment and anyone who says so is a liar.
  3. MCFI claims "The foreign investor must submit an economic impact study for the project to the USCIS to document the economic impact that the project will have on the local, regional, state and national economy." I say this is a lie. Worst case scenario, the investor has to just submit a business plan, and anyone who says so otherwise is either a liar or unfamiliar with EB-5.
  4. MCFI claims " The foreign investor must invest at least $1,000,000 in the project." I think everyone knows that this is a lie too!
  5. MCFI claims "The foreign investor must have daily direct management involvement and responsibility in the business or project" To this, I say "Nonsense!"An EB-5 visa investor can have their business in FL and study / work in another state, without any restrictions whatsoever. I've multiple clients who've done this in the past and a few clients are still doing this by hiring managers to operate their business and remotely managing their business with weekly or fortnightly visits to their business.
  6. MCFI claims "Because of (5) above, the foreign investor must live in the area where the project is located and he has a limited ability to return and visit his native country during the term if his investment and until he becomes a citizen (usually 5 years or more)." I say, "You lie MCFI!" People can and do live out of state and can also visit their home countries without any restrictions.
  7. MCFI claims "The foreign investor is directly responsible at all times that his investment has created 10 new jobs. This must be documented and reported every 3 months to the USCIS." I say this is again a lie because an investor has 2 years to create 10 jobs, and usually my clients create 10 new jobs PROFITABLY within the first year itself.
  8. In statement #12, MCFI claims "Projects for investment are limited in scope since pooled funds from several investors are not allowed and there is only one RB-5 investor in a project." To this, I say BS!
So far, we've seen that 8 out of 12 statements made by MCFI are FALSE, which basically strips them of their credibility in the eyes of EB-5 visa investors. I won't even mention the attempt to mislead about exit strategies, and will just say that our exit strategies is exponentially better than MCFI's on any given day of the week. MCFI pays a lot of money to their marketing team but doesn't even check it's own statements for factual accuracy and definitely doesn't believe in candour and transparency.

I can honestly say that MCFI has not only offered and sold securities illegally overseas, they have also violated US and overseas securities laws AND committed securities fraud. EB-5 visa investors need to ask the following questions of all regional centers and partnerships in order to detect and prevent fraud:

1.    Will you give notarized Guarantee of full and ongoing disclosure of all material information?
2.    Will you give notarized Guarantee of freedom from fraud and conflict of interest?
3.    Will you give notarized Guarantee of full refund of your fees in case you’re rejected by USCIS?

All EB-5 visa seekers should also ask the following questions of regional centers and partnerships to detect fraud:

1) What is the mean and median amount of capital loss experienced by EB-5 visa seekers who invest in your regional center or partnership?

Capital loss is very commonly experienced by EB-5 visa investors in regional centers and other partnerships.

2) What is the mean and median processing time for regional center sponsored I-526 and I-829 petitions?

EB-5 visa petitions filed by regional centers and other partnerships now take about twice as long as Direct Investment businesses to get approved.

3) What is the mean and median lock in period for capital in regional centers?

EB-5 visa investors are usually stuck for 5-9 years in regional centers.

4) What is the mean and median annual ROI that is offered by the partnership / regional center?

EB-5 visa investors usually earn 1% or less in regional centers.

5) Are the business founders, CFO and CEO willing to offer written guarantees of FULL disclosure of material facts on an ongoing basis as well as freedom from fraud and conflict of interest?

Avoid those who refuse to guarantee this in a notarised affidavit.

6) Are you offering and selling securities in full compliance of US and overseas securities laws?

Avoid those who refuse to confirm this in a notarised affidavit.

A simple way for EB-5 visa investors to detect & prevent fraud is to demand the following safeguards from those who offer EB-5 visa related services:

1) A written guarantee by the top 5 officers of the regional center / partnership firm AND the marketer, confirming that they will clearly disclose all material information on an ongoing basis, as failure to do so is classified as SECURITIES FRAUD.

2) A written guarantee that the marketer and regional center / partnership officers will NOT engage in conflict of interest, and will procure goods / services and hire employees in a transparent and competitive manner.

3) A written guarantee to fully refund an investor's fees in case the investor's petition is rejected due to the fault of the regional center.

4) A full disclosure of the amount of capital that the firm's founders and investors have invested and the percentage of ownership stake and profits that they will get.


EB-5 visa seekers should remember that Direct Investment businesses are THE BEST option to get the EB-5 visa quickly, safely and usually profitably for the following reasons:
  1. Faster processing and approval times.
  2. Easy exit strategy.
  3. Investors usually get a much higher Return on Investment.
  4. Investors usually get a much higher Capital gain, whereas regional center investors usually get capital losses.
  5. Our clients have a 100% approval rate of I-526 and I-829, while those who choose regional centers or other partnerships don't.
  6. Our clients have very little risk as we conduct extensive due diligence and work hard to prevent fraud and conflict of interest, whereas regional centers and partnerships are overrun with fraud and conflict of interest.
EB-5 visa investors need to remember that we offer THE BEST service when it comes to offering a turnkey solution for the following reasons:
  1.  Our clients ALWAYS have full control of their business and their money. Those who choose our competitors usually have to kiss their money goodbye, and are STUCK for 5-9 years.
  2. We offer a written guarantee of freedom from fraud and conflict of interest, whereas our competitors usually don't offer this guarantee.
  3. We offer a written guarantee of FULL disclosure of material facts on an ongoing basis, whereas our competitors usually don't offer this guarantee.
  4. We offer a written guarantee of full fee refund in case a client is rejected due to our team's fault, while our competitors usually don't offer this guarantee because they are incompetent cowards who are unsure about the quality of their work.
  5. Since 2004, our clients have NEVER been denied at the I-526 and I-829 stage, and have NEVER suffered operating or capital losses, and have usually earned over 22% annual Return on Equity because of our focus on due diligence and our extensive efforts to reduce risk by preventing fraud and conflict of interest. Try finding a regional center or partnership that boasts of this record.
If you're an EB-5 visa investor who wants to get their green card quickly, safely and in a usually profitable manner, please contact us. You'll be glad you did!

Yours truly,
Mohammed Shaikh, Licensed RE and Business Broker (CA & FL)
Phone: +1 407 535 0616 Online: htttp://www.smartbusinessbroker.com

Tuesday, November 26, 2013

The BEST EB-5 visa solution just got 20% cheaper! Now EB-5 visa investors can get the same great service for a lower price.

Time and again, we've objectively proved to EB-5 visa investors how we offer the BEST solution for EB-5 visa investors that allows them to get excellent results in a safe, quick and usually profitable manner. Our commitment to quality, professionalism and transparency has made our firm the standard by which our competitors are measured, and we've yet to come across competitors that confidently offer the same guarantees that we confidently offer.

We've learned over the years that it pays to listen to our customers, and we've gone ahead and made some changes due to popular demand.

The changes are as follows:

  1. Our combined fees (for the CPA, Attorney and Business Advisor)  for our turnkey EB-5 visa solution have now been slashed to USD 60,000. This means that our fees are now comparable to those charged by regional centers, except we still offer a fee refund guarantee in case our EB-5 visa investor client is rejected due to our fault. Our competitors usually don't offer this fee refund guarantee as they aren't as professional and competent as us.
  2. We now offer a payment plan that allows our EB-5 visa investor clients to pay in instalments: The first instalment of USD 30,000 is due on signing up with as our clients, the second instalment of USD 20,000 is due when the EB-5 visa investor gets their I-526 approved and the third instalment of $10,000 is due before the I-829 is filed to remove conditions.
EB-5 visa investors who are unfamiliar with our firm may ask, WHY do we claim that we offer the best option for EB-5 visa investors?

The reasons are listed below:
  1.  We offer a guarantee of freedom from fraud and conflict of interest and guarantee that all material facts will be disclosed to the client from the moment they sign till the moment our engagement ceases upon approval of the I-829. I don't think anyone else, be it regional centers or partnership or risky franchise vendors offer this guarantee, simply because they usually engage in conflict of interest and fraud.
  2. We offer a 100% fee refund guarantee, and proudly say that in case our client is denied due to our fault or the fault of the CPA or attorney hired by us, we will cheerfully refund their fees. To our knowledge, nobody else offers this guarantee. Since 2004, NONE of our clients have been rejected for the I-526 or I-829, while those who trust our competitors see significant capital loss and have an approximately 40% chance of getting their permanent green card. Many EB-5 visa investors will ask, what about the CAPITAL?
  3. We are  probably the only firm that lets the EB-5 visa investor be in full control of their business and money at every step of the way, and this essentially eliminates the potential for fraud and conflict of interest, and in the unlikely event that a client's EB-5 visa petition is rejected, the client can withdraw their funds or sell their business and exit. 
  4. We guide our clients in a NEUTRAL and OBJECTIVE manner. This means we don't engage in  conflict of interest like regional centers and partnerships or risky franchises such as Voodoo BBQ or Marcos Pizza which may be unsuitable for EB-5 visa investors. We usually advise our clients to opt for businesses such as car rental, child care, used cars, fast food, auto parts, etc. that have a strong potential to PROFITABLY generate 10 jobs. We always advises our clients to choose Genuine Direct Investment Businesses, as they help reduce the potential for fraud and conflict of interest.
If you're an EB-5 visa investor who wants to obtain their visa quickly, safely and in a usually profitable manner,  please use our firm. You'll be really glad you did.

Yours truly,
Mohammed Shaikh, Licensed RE and Business Broker (CA & FL)
Phone: +1 407 535 0616 Online: htttp://www.smartbusinessbroker.com

Friday, November 22, 2013

Fraud Alert: Prashant Ajmera uses FUD (Fear, Uncertainty and Doubt) to mislead Indian EB-5 visa investors and cause them to invest in fraudulent regional centers and dubious partnerships!

There is a reason I love my unscrupulous competitors: They actually drive clients to me!

I just read a rather misleading and ridiculous email by Prashant Ajmera, that was designed to deceive EB-5 visa investors and make them invest in regional centers. Guess what Mr. Ajmera, your game is up!

Mr. Ajmera wrote: "Which type of investor should opt for investing with a regional center or what should be the primary considerations of the investor before investing with a Regional Center?



An investor who is considering the option of investing with a regional centre should ask himself the following questions:



(i) Am I ready to run and operate a business in USA on a full time basis?

(ii) Do I have the necessary experience of operating and managing a business in USA?

(iii) Am I capable of managing and operating a business in a foreign country like USA?

(iv) Am I fluent in English?

(iv) Have I considered the cost of business operations in USA?

(v) Am I capable of working for long and odd hours in order to operate a profitable business?



If the answer to all or some of the above questions is NO, one should consider investing with a regional center."

To that, I say BS, and I will rebut the "reasons" in the same order as he presented them.BTW, you need to learn how to use Roman numerals or stick to using numbers. 


1) Why don't you go ahead and at least define how someone can say whether or not they are really ready to run and operate a business? BTW, run and operate are synonyms in this context, and it does not take a rocket scientist to manager and operate a business. FYI, you do NOT need to run the business, you can hire managers to run it for you and can fire them if they don't perform.

2) Since when was this a prerequisite? I've 77 clients who successfully owned and are still running businesses in the US, and guess what? NONE of them had even managed and owned a business in the US before they came here. So, just why do you claim that the experience is NECESSARY? This is pure, unadulterated BS!

3) It doesn't take a rocket scientist to manage and operate a business in the US. I've clients who started with 2 liquor stores and had 7 by the time they sold, and all they needed was to use common sense, which means selling for more than they were buying for.

4) Since when was fluency in English a prerequisite? Have you been to Jackson Heights or Chinatown in NY or Fremont (CA) or Devon in Chicago or Tonnelle Avenue in Jersey City (NJ)? These are just some locations where my clients are doing just fine without having to speak a word of English. Anyway, did you know that in every county, there are FREE English classes for recent immigrants who don't speak English?

5) The cost of business operations in the US is commensurate with the earnings potential in the USA, so please compare apples to apples.

6) Just why do you think do you need to work long and hard hours? Have you heard of the concept of delegating tasks to your employees and managing employees? Usually 50-55 hours a week is more than adequate to manage a business.

Then, Mr. Ajmera asks the EB-5 visa investor to ask unimportant questions, when the really BIG questions are:
1.    Will you give notarized Guarantee of full and ongoing disclosure of all material information?
2.    Will you give notarized Guarantee of freedom from fraud and conflict of interest?
3.    Will you give notarized Guarantee of full refund of your fees in case you’re rejected by USCIS?

All EB-5 visa seekers should ask the following questions of regional centers and partnerships to detect and prevent fraud:

1) What is the mean and median amount of capital loss experienced by EB-5 visa seekers who invest in your regional center or partnership?

Capital loss is very commonly experienced by EB-5 visa investors in regional centers and other partnerships.

2) What is the mean and median processing time for regional center sponsored I-526 and I-829 petitions?

EB-5 visa petitions filed by regional centers and other partnerships now take about twice as long as Direct Investment businesses to get approved.

3) What is the mean and median lock in period for capital in regional centers?

EB-5 visa investors are usually stuck for 5-9 years in regional centers.

4) What is the mean and median annual ROI that is offered by the partnership / regional center?

EB-5 visa investors usually earn 1% or less in regional centers.

5) Are the business founders, CFO and CEO willing to offer written guarantees of FULL disclosure of material facts on an ongoing basis as well as freedom from fraud and conflict of interest?

Avoid those who refuse to guarantee this in a notarised affidavit.

6) Are you offering and selling securities in full compliance of US and overseas securities laws?

Avoid those who refuse to confirm this in a notarised affidavit.

A simple way for EB-5 visa investors to detect & prevent fraud is to demand the following safeguards from those who offer EB-5 visa related services:

1) A written guarantee by the top 5 officers of the regional center / partnership firm AND the marketer, confirming that they will clearly disclose all material information on an ongoing basis, as failure to do so is classified as SECURITIES FRAUD.

2) A written guarantee that the marketer and regional center / partnership officers will NOT engage in conflict of interest, and will procure goods / services and hire employees in a transparent and competitive manner.

3) A written guarantee to fully refund an investor's fees in case the investor's petition is rejected due to the fault of the regional center.

4) A full disclosure of the amount of capital that the firm's founders and investors have invested and the percentage of ownership stake and profits that they will get.



Then, Mr. Ajmera claims that "An investor who is considering direct investment under the EB-5 program should ask himself the following questions:

(i) Am I a successful businessman in my home country?
(ii) Can I find a business opportunity in USA related to my business in my home country?
(iii) Does this NEW business opportunity in USA meet the EB-5 requirement of investing 1 million US$ and creating 10 full time jobs?  
(iv) Am I ready to operate and manage a business in USA on a full time basis?
(v) Do I have the necessary experience of managing and operating a business in USA or am I in a position to hire a manager who can assist in managing this business?
(vi) Am I capable of managing and operating a business in USA?
(vii) Am I fluent in English?
(viii) Have I considered the cost of business operations in USA?
(ix) Who will manage my business in USA from the date I make an investment in USA until the time I arrive in USA?


If the answer to all of the above questions is YES, only then should one consider direct investment in a business in USA."


To this too, I say BS!

1. I have several clients who were doctors, engineers, dentists, bureaucrats, etc. in their home country and are doing just fine in the US managing their own businesses.

2. Not necessary at all. You can go for a totally new business and still do well at it. If this is not true, why are you selling Twistee Treat franchises?

3. You do NOT need to invest $1 Million. You can invest even $500,000 if you choose a TEA.

4. You just have to manage, and can even operate if you want to.

5. You don't need to have the experience and you don't need to hire managers if you don't want to. When you have franchisors willing to train you and business advisors (such as myself and the CPA) willing to guide and mentor you, you can do just fine even if you have no prior experience.

6. Pretty much anyone can operate and manage a business in the US. Do remember that the people who are investing are not stupid and in most cases are actually quite smart, well read and qualified, and it doesn't take a genius to run a business and grow it.

7. Again, since when did fluency in English become a prerequisite? I've a client in Little Havana who speaks nothing but Spanish, and I've Indian & Pakistani clients who don't speak English at all, and they are doing just fine. While you're at it, why don't you mention the fact that there are FREE English Language classes for new immigrants?

8. The cost of business operations are actually commensurate with the earnings, so please compare apples to apples.

9. This was perhaps the only intelligent question, and the answer is, "The investor can either come over on visit or student visa and do adjustment of status within the country" OR pay a nominal management fee to us to manage their business on a temporary basis OR authorise us to hire managers on their behalf and have the CPA and me monitor the manager.

Mr. Ajmera doesn't disclose the fact that he represents the interests of the regional centers or franchisors, and does not represent the interests of the EB-5 visa investor. Fact is, he doesn't owe fiduciary duties to the EB-5 visa investors, which makes him inherently untrustworthy. Fact is, Mr. Ajmera actually offers and sells securities ILLEGALLY in India, and someone who can violate the law for money can and will cheat clients for money. His misleading and deceptive email is available for review with me in case anyone wishes to read the original.


If you're an EB-5 visa seeker interested in getting your EB-5 visa in a quick, safe and usually profitable manner, please call us on +1 407 535 0616. You will be glad you did.

Yours truly
Mohammed Shaikh, Licensed Business & RE Broker (CA & FL)
http://www.smartbusinessbroker.com


Why is a Genuine Direct Investment Business the best choice for EB-5 visa investors? How do EB-5 visa investors distinguish between scams and Genuine Direct Investment Businesses?

There is no shortage of crooks who're out to defraud EB-5 visa investor with fraudulent offerings ranging from fraudulent regional centers such as those marketed by Brian Su (including the now notorious Green Tech Automotive) to risky and / or unfair partnerships (that are basically regional centers in disguise) such as those offered by Phil Cohen, David Tashroudian, Mark Gordon (of E3 Investment Group), Zoe Makhsous, etc. to even risky franchises that don't have a strong history such as Voodoo (marketed by the conflict of interest infested partnership of Fred Burgess and Joe Sloboda), Marcos Pizza, etc. Let us not forget the aspiring EB-5 service providers such as Marc Hyman who lie about their track record and refuse to answer questions when exposed.

EB-5 visa investors read about the above entities and ask 1 simple question:

What is the safest and quickest way to get an EB-5 visa?

We offer Genuine Direct Investment Businesses, which are arguably the SAFEST, FASTEST and usually most PROFITABLE way to get the EB-5 visa.

EB-5 Visa investors should remember that IT IS VERY HARD TO EARN MONEY AND VERY EASY TO BURN MONEY. We are as careful about safeguarding our client's wealth as we are about protecting our reputation as Real Estate & Business Brokers and Advisors.

What is a Genuine Direct Investment Business? How can an EB-5 visa investor know what is a Genuine Direct Investment Business?

A Genuine Direct Investment Business has the following characteristics that makes it the BEST choice for EB-5 visa investors:
  1. The business is 100% owned, operated and controlled by the investor. This helps avoid conflict of interest and significantly reduces the possibility of fraud. This means that regional centers and partnerships can never qualify as Genuine Direct Investments due to the presence of fraud, conflict of interest and violations of securities laws.
  2. The business is in either a premium franchise such as Five Guys / KFC (for Fast Food), Napa (Auto Parts), Hertz (car rental) etc. or in a solid non-franchise business such as banquet hall, used car lots, child care business (these can be franchised or non-franchised), etc. If the proposed investment is in a relatively new franchise such as Voodoo BBQ, Marcos Pizza, etc. the investment is likely to be quite risky. Some easy ways to decide whether a franchise is suitable for investment is to find out if it is on a major bank's list of approved franchises, features in a list of top performing franchises (see link http://www.slideshare.net/MohammedShaikh4/2012-top200 ) and is recommended by an experienced business advisor. Please remember that most franchises are unsuitable for EB-5 visa investors due to their inability to PROFITABLY generate 10 jobs. If you see promoters such as Joe Sloboda and Fred Burgess asking you to invest in Voodoo BBQ, ask them to full disclose their financial stake in Voodoo BBQ, and why are they engaging in conflict of interest.
  3. The Business Advisor / Broker as well as the CPA (and the franchisor in case the EB-5 visa investor chooses a franchise)  are there to guide and mentor the EB-5 visa investor till approval of the I-829.
  4. The business is easily saleable in the open market and there exists a ready market demand for the business. For example, it is easy to sell off a Five Guys Burger Franchise location or a KFC location in the open market in a relatively short time and get multiple offers for the business, while there is no market for partnership and regional center shares or debt, due to which EB-5 visa investors are stuck for 5-9 years and have to PAY to sell their share. Similarly those who invest in risky franchises such as Marcos Pizza or Voodoo BBQ or some no-name burger franchise would have to wait a long time to sell their business.
  5. It is usually easy to PROFITABLY generate the 10 jobs.
What are the advantages of choosing a Genuine Direct Investment Business to get the EB-5 visa?
  1. The EB-5 visa investor gets FULL control and ownership of their business and corporate funds. This helps prevent if not eliminate conflict of interest and fraud, and results in higher returns and capital gains.
  2. The EB-5 visa investor usually earns 20-35% Return on Equity each year, while regional centers offer measly returns of 1% and some partnerships are now known to offer returns of up to 5%, but most offer between 0 and 1% annual return on equity.
  3. The EB-5 visa investor usually earns solid capital gains averaging 25% after 3 years, while those who invest in risky franchises, partnerships and regional centers usually end up with capital losses.
  4. The EB-5 visa investor has an easy exit strategy and can sell their business (usually for a profit) as soon as they get their permanent green card (I-829 approval), whereas those who opt for risky franchises, partnerships and regional centers are often unable to exit their business for 5-9 years.
  5. It takes about half the time to get the I-526 approval (temporary green card) using a Genuine Direct Investment Business in comparison to regional centers.
  6. Genuine Direct investment Businesses are usually able to help the EB-5 visa investor get their I-829 approved, whereas less than half of the EB-5 visa investors who chose regional centers, partnerships and risky franchises were able to get their I-829 approved.
  7. There is usually no conflict of interest and fraud seen in a Genuine Direct Investment Business, whereas there is usually extensive conflict of interest and fraud to be found in regional centers, partnerships and risky franchises. An excellent example is how Joe Sloboda and Fred Burgess used to sell Voodoo BBQ franchises to EB-5 visa investors without disclosing the fact that they were the master franchisors and earned money on the back end.


Finally,  when making a decision on who you’re going to choose, please ask the service provider / marketer if they’re willing to offer the following 3 guarantees to you in writing, and if they don’t offer these guarantees in writing, I advise EB-5 visa investors to avoid them like the plague.

1.    Guarantee of full and ongoing disclosure of all material information.
2.    Guarantee of freedom from fraud and conflict of interest.
3.    Guarantee of full refund of your fees in case you’re rejected by USCIS.

I know I can confidently offer these guarantees in a notarised affidavit to my clients as I only deal with Genuine Direct Investment Businesses and owe a fiduciary duty to my clients. Our client always owns and controls the corporation 100%, and can immediately repatriate the funds back immediately in case our client is rejected by the USCIS, and any interest earned by client's funds in the bank is given 100% to our client. As far as we know, nobody else allows you full control of your corporation and funds at all times.

If you're an EB-5 visa investor interested in getting their EB-5 visa quickly, please contact us. You'll be really glad that you did.


Yours truly,
Mohammed Shaikh, Licensed RE and Business Broker (CA & FL)
Phone: +1 407 535 0616 Online: htttp://www.smartbusinessbroker.com