Regional centers and many "due diligence experts" don't disclose the shocking truth that over a hundred 100 EB-5 visa investors who got their I-526 approvals have been ordered deported due to a failure to get their I-829 approval, and thousands of EB-5 visa investors are now facing deportation (removal) as regional centers are unable to help them get their I-829 approval. The imminent release of the GAO audit will increase pressure on the USCIS to commence removal proceedings against EB-5 visa investors who've been unable to get I-829 approval.
This can be easily verified by filing a FOIA request with the USCIS or
comparing the number of I-526 approvals for a year, and then seeing the
number of I-829 petitions and approvals for 2 years down the line. For instance, any EB-5 visa investor can see the number of I-526 petitions approved in 2011 and 2012, at the USCIS site http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Employment-based/I526_performancedata_fy2015_qtr2.pdf and then compare it to the I-829 petitions filed in 2013 and 2014 at http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Employment-based/I829_performancedata_fy2015_qtr2.pdf to confirm that there is a sharp difference in the number of I-526 approvals and the number of I-829 petitions filed. EB-5 visa investors need to remember that the approval of I-526 only gets them a TEMPORARY green card.
EB-5 visa investors should know that they only get a conditional
green card for the first 2 years and this green card status expires if
the EB-5 visa investor isn't able to prove within 2 years that the EB-5
visa investor (or the petitioning regional center) has created the 10
jobs. To remove the conditional status, the EB-5 visa investor has to
file the form I-829, and only if the EB-5 visa investor is able to prove
compliance with the conditions of the EB-5 visa program (investing the
$500,000 and creating 10 jobs), is the investor granted unconditional
Permanent Resident Status. If an EB-5 visa investor is unable to prove
compliance with the conditions, the EB-5 visa investor loses their LPR
status and becomes an illegal alien.
EB-5 visa investors should ask ALL EB-5 service providers who wish to
provide advice or services to EB-5 visa investors, the following
important questions and insist
on getting the answers in writing in order to quickly weed out the
frauds and crooks:
1) Will you be owing me a fiduciary duty if I signed up with you? If the answer is NO, then avoid them. Regional center marketers, many immigration attorneys and even self proclaimed due diligence experts usually don't disclose the fact that they get paid by the very same entity they are asked to evaluate, and they don't disclose all material facts to EB-5 visa investors as doing so would kill their future income streams. We do NOT receive and have never solicited any commissions for recommending a business to our clients.
2) How many years of experience do you actually have with Direct
Investments and how many EB-5 visa investors have you actually helped
under the Direct Investment Category?
3) In the past, have you sold or marketed regional center securities to
EB-5 visa investors? If the answer is YES, please avoid that individual,
as it is quite likely that they have committed securities fraud and
money laundering.
4) Are you willing to offer a written guarantee of full disclosure of material facts and freedom from conflict of interest?
5) Are you willing to offer a fee refund guarantee in case my case is denied due to your negligence or incompetence?
If a service provider or marketer will not owe you a fiduciary duty,
then do NOT trust them at all. It is no secret that there is widespread
conflict of interest and fraud going on against EB-5 visa investors,
whether you see the example of Joe Sloboda marketing Voodoo BBQ without
clearly disclosing his interests as a master franchisor and relationship
with Fred Burgess, or the fact that EB-5 visa investors can get more
established (and safer) fast food franchises to invest in, when compared
to Voodoo BBQ, or the example of David Tashroudian, who wanted a wrap
around agreement marketing Carl's Jr. Franchises to EB-5 visa investors,
taking over 11 % of the revenues as royalties going into his own
pocket, while Carl's Jr. (the franchisor) itself would only get 8.5%.
I do NOT get any money from any franchisor, so our advice on selecting a
franchise is objective, impartial and based entirely on merits. I
actually offer a written guarantee of freedom from fraud and conflict of
interest, and also guarantee full disclosure of material facts, as not
only is this good business practice, but by virtue of being a Licensed
Real Estate and Business Broker, I'm required by law to do so. As I'm a
Licensed Real Estate and Business Broker, I legally owe a fiduciary duty
to my clients, which means that I ALWAYS have to place my clients interests ahead of my own.
Recently, DHS OIG also issued a report recommending significant restrictions on
regional centers due to fraud, money laundering and other serious
issues. USCIS had a joint conference call last year along with SEC,
where they indicated significant concerns about securities law
violations and fraud committed by regional centers against EB-5 visa
investors. SEC also issued their own notice advising EB-5 visa investors
to be cautious about dealing with regional centers due to fraud
committed by regional centers and unscrupulous partnership promoters.
The fact is, most of the service providers in today's EB-5 services
marketplace have aided, abetted, committed or conspired to commit
conflict of interest, securities fraud, money laundering, securities law
violations and other serious felonies. These range from Matt Gordon,
David Tashroudian and Joe Sloboda's conflict of interest laden Direct
Investment solutions offered to EB-5 visa investors, to the
regional centers marketed by Brian Su and Kevin Jeffers, and the results
are delayed processing, low returns, capital losses and denial of
permanent green cards.
Why do regional centers offer such terrible results to EB-5 visa investors?
The answer is: Regional centers usually pay a large amount of money paid
towards commissions, and also suffer from conflict of interest, where
hiring and procurement of goods & services are done from related
parties at inflated costs.
If a regional center promoter's first interest is stealing instead of
serving their investors, then capital losses, low returns, delayed
processing due to increased regulatory scrutiny, terrible exit
strategies and high percentage of visa loss are inevitable.
Why do our EB-5 visa investors usually see high return on equity,
capital gains, 100% approval of I-526 and I-829, quick approval and no
fraud or conflict of interest?
EB-5 visa investors must remember an important fact: As licensed RE
& Business Brokers, we actually owe a fiduciary duty to our clients.
This means that the law requires us to always put our client's
interests ahead of our own. EB-5 visa investors should ask if the
service provider owes them a fiduciary duty, and strongly suspect the
motives of those who don't owe them fiduciary duties.
This is why we recommend top ranked franchises instead of risky
franchises such as Twistee Treat, Voodoo BBQ, Marcos Pizza, etc.
This is why we don't engage in conflict of interest or conceal material facts.
This is why we advise our clients in ways that help them get their green
card (EB-5 visa) in a quick, safe and usually profitable manner, as a
failure to do so will jeopardise our professional licenses.
This is why we confidently offer written guarantees of full fee refund
in case our client is denied due to our fault as well as written
guarantees of freedom from fraud, conflict of interest and full
disclosure of material facts.
Our competitors usually don't owe a fiduciary duty to their clients and
will usually refuse to offer the written guarantees that we confidently
offer. We know that our team is quite competent, which is why we've no
problems in offering a 100% fee refund guarantee to our clients in case
our clients fail to get their EB-5 visa due to our fault. If our
competitors were asked to offer the same fee refund guarantee, they
usually refuse to do so as they aren't that confident about the level of
their services.
Advantages of Genuine Direct Investment Business:
1. Faster processing and approval times.
2. Easy exit strategy.
3. Investors usually get a 15-35% annual Return on Equity.
4. Investors usually get Capital gains, whereas regional center investors usually get capital losses.
5. Our clients have a 100% approval rate of I-526 and I-829, which is a lot higher than regional centers or other partnerships.
6. Full control of business and capital, which helps prevent fraud, conflict of interest and losses.
For more information, please visit our website http://www.smartbusinessbroker.com or read our blog at http://eb5-expert.blogspot.com/
If you're an EB-5 visa investor, be sure to hire our team to help you. You'll be glad you did.
Yours truly
Mohammed Shaikh, MBA, CFE, Licensed Business & RE Broker (CA & FL)
Phone: +1 407 535 0616
Online: http://www.smartbusinessbroker.com
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