Due to the fact that the
SEC, FDNS Directorate of USCIS & IRS are
now actively monitoring EB-5 visa petitions, and the GAO is conducting it's own
audit of the EB-5 visa programs, it is quite likely that well over half of the
I-526 petitions currently filed with the USCIS will be rejected as there is no
way that most Chinese investors will be able to prove that they have lawfully
earned their investment funds and will also be unable to prove that they didn't
launder funds. Due to this, it is definitely true that there will be processing
delays, but I can bet my bottom dollar that Bernie Wolfsdorf will end up
looking like an idiot as his prediction of an EB-5 visa backlog falls flat on
it's face. Bernard Wolsdorf says on his website "A Chinese EB-5 quota, or waiting line, (often called retrogression), is
a certainty and the China EB-5 cut-off date will start in May or June
2015." and I say Mr. Wolfsdorf seems to be out of touch with reality, as
apparently certain steps have already been taken to ensure that this time around,
it will be impossible for adjudicators to ignore fraud, forged documents and
money laundering, even if the corrupt Alejandro "Ali" Mayorkas
himself tries to lean on USCIS Adjudicators, as he had earlier leaned on the
USCIS adjudicators to illegally approve EB-5 visas for Sam Nazarian's casino in
Las Vegas, at the behest of Senator Harry Reid.
I believe that anyone who is smart enough to short the securities
(especially debt) of certain major securities issuers such as Related, Extell,
SBE (SLS Casinos), Bay Area
Regional Center, etc. will be laughing all the way to the bank if these
entities default due to their visa investor's petitions being denied. Another
factor that will work against the regional centers is that it is EXTREMELY unlikely
that regional centers will be extended after September 2015. Nothing is
impossible, but thanks to securities fraud, money laundering concerns, national
security concerns, etc., the probability of regional centers existing after
September 2015 is VERY LOW .
EB-5 visa investors need to remember 2 things:
a) Regional Centers are NOT to be trusted, so whether an
investor wants to go with EB-5 visas or EB-1C visas, a Genuine Direct
Investment Business is the only safe option available for investors,
b) For the foreseeable future, EB-1C visas are safer, faster,
cheaper and easier to obtain when compared to EB-5 visas.
Regional centers usually commit securities fraud, which is why
the SEC strongly advises EB-5 visa investors to avoid regional centers. Even
ICE recommended that ALL regional
centers be permanently shut down (see link to memo at
http://www.smartbusinessbroker.com/EB5_ICE_fraud_memo.pdf).
Securities fraud is
so rampant amongst regional centers that a regional center's CEO & CFO will usually refuse to offer
EB-5 visa investors the following 2 guarantees in writing:
1) Guarantee of freedom from fraud and conflict of interest,
2) Guarantee of full disclosure of material facts.
Some of the material facts that regional centers don't disclose
to EB-5 visa investors is that they illegally market and sell securities
overseas. Other facts that regional centers and unscrupulous direct investments
such as those offered by E3 Investment Group or Joe Sloboda's Voodoo BBQ and
Twistee treat don't disclose is that they have significant conflict of interest
embedded in their offerings structures, which causes significant capital
losses. Regional Centers also don't disclose the fact that not only the SEC but
also ICE has strongly recommended that regional centers be avoided by EB-5 visa
investors due to serious concerns about fraud and money laundering. See link
athttp://www.smartbusinessbroker.com/EB5_ICE_fraud_memo.pdf and read the blog
at http://eb5-expert.blogspot.com/ to learn more. Regional Center marketers and
promoters usually don't disclose the material fact that regional center
petitions take far longer to process compared to Direct Investment petitions.
As it is, many EB-5 visa investors now understand that Genuine
Direct investment businesses are the safest option in every single aspect. Here
are some of the critical reasons that EB-5 visa investors should ALWAYS choose
Genuine Direct Investment Businesses and avoid regional centers:
In a Genuine Direct Investment Business, it is quite unusual to
encounter fraud or conflict of interest. This alone is THE biggest reason why
EB-5 visa investors usually experience capital loss if they opt for regional
centers or unsafe Direct Investments (such as Twistee Treats or Voodoo or
Marcos Pizza), while those who opt for Genuine Direct Investment Businesses
usually NEVER experience capital loss.
EB-5 visa investors who choose Genuine Direct Investment
Businesses usually earn annual ROI of 15% to 40%, while those who select
regional centers usually earn 0-2% annual ROI.
Genuine Direct Investment Businesses offer easy exit strategies
to EB-5 visa investors while those who invest in regional centers experience
TERRIBLE exit strategies.
Regional Centers usually commit securities fraud and securities
law violations while this is usually unheard of in Genuine Direct Investment
Businesses.
EB-5 visa investors usually get capital gains if they invest in
a Genuine Direct Investment Business and almost NEVER get capital gains if they
invest in a regional center.
EB-5 visa investors in Genuine Direct Investment Businesses see
faster processing and approval of their petitions, while it takes much longer
for EB-5 visa investors to get their immigrant visa through regional centers.
EB-5 visa investors in Genuine Direct Investment Businesses have
a higher chance of getting their permanent green card, while those who opt for
regional centers have a lower chance of getting their green card.
The ONLY safe, fast and usually profitable way to get an EB-5
visa is through investment in a GENUINE Direct Investment Business. An even
faster and easier way to get a PERMANENT green card is to apply for the L1A
visa and then the EB-1C visa.
Many immigration attorneys and so-called due diligence
"experts" fail to disclose important facts to investors. One such set
of facts is that it takes 3 years to get a temporary green card and an
additional 30+ months to get a permanent green card in EB-5 visa category,
while investors can get a permanent green card in 2 years with EB-1C category
visas.
Unscrupulous immigration attorneys, Regional center promoters
and marketers deliberately conceal the important fact from investors that it is
expected that EB-5 visa investors will take at least 2-3 years to get a
temporary green card under EB-5 visa category, and an additional 2.5 years to
get a permanent green card. In this period, the investor faces an unnecessary
delay that can be easily bypassed simply by using the EB-1C visa option, with
which investors can get a permanent green card in as little as a year to two
years.
The advantages of EB-1C are as follows:
1) Very little chance of fraud, compared to rampant fraud seen
in regional centers in the EB-5 visa program.
2) Significantly lower investment amount. In EB-5 visa, a
minimum investment of $500,000 is needed, whereas I've had clients get approved
with even $350,000 investment in EB-1C visa category.
3) There is total flexibility about location: EB-1C visa investors
face no restrictions about location, whereas EB-5 visa investors see
significant location based restrictions if they invest only $500,000, and
investors have to invest minimum $1 Million to avoid location based
restrictions.
4) The EB-5 visa program has onerous proof of fund requirements,
whereas the fund documentation requirements are definitely not as stringent in
EB-1C visa program.
5) The job creation requirements are a lot more onerous in EB-5
visa, and I've seen that creating even 4 jobs suffices for an EB-1C visa.
6) Unlike the EB-5 visa program, there is no conditional green
card in EB-1C visa program.
7) The time to get a permanent green card under EB-1 visa
program ranges from 1-2 years, whereas it takes almost 5 years to get a
permanent green card under EB-5 visa category. Business owners & executives
can immediately move to the US on L1A visa, and get their green card in hand
within a matter of months, whereas EB-5 visa holders have to wait for about two
years to just get a temporary green card.
Keeping the above factors in mind, most investors are now
choosing to go with EB-1C visa as it is a lot cheaper, faster, safer and easier
to get compared to the EB-5 visa.
If you are a business owner or high net worth individual
interested in migrating to the US, please hire our team. We offer a turnkey
solution and have a solid track record of success, as we believe in delivering
results and not excuses to our clients. That is why we have a 100% fee refund
guarantee while our competitors usually don't offer such a guarantee.
Mohammed Shaikh, MBA (Accounting), CFE, Licensed Business &
RE Broker (CA & FL)
Online: http://www.smartbusinessbroker.com Phone: +1
407 535 0616
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