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ILW.COM EB-5 Blog

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  1. EB-5 Is Right for Chinese Right Now By Gregory Finkelson

    A recent Barclays survey revealed that 47% of high net worth Chinese people are looking for an exit strategy. Not from their businesses. From China.

    To be fair, the survey covered a select number of countries, including the U.S., and polled qualifying individuals relative to plans they might have to relocate abroad within the next five years. The U.S. and India reported the fewest by percentage with 6% and 5% respectively. The global average was 29%.

    Among the Chinese interviewed, 78% indicated that educational opportunities for their children was the number one reason they wished to emigrate. (Note that several chapters in Gregory Finkelson’s book focus on this issue.)
    The best time to offer a service is when there is a demand for it. The demand for EB-5 visas has been growing dramatically over the past several years. Most of that demand is coming from Chinese people like the ones in the Barclays survey. While we understand and affirm the need for immigration control, we also advocate expanding the EB-5 visa pool so that the investments these people are willing to make can continue to stimulate U.S. projects and businesses and our overall economy.

    To learn more about how to put the EB-5 investment visa program to work for you, contact Dr. Gregory Finkelson at American Corporate Services or call 415-682-2550. To order my book, How to Find Chinese Investors, Agents & Clients for Your EB-5 Projects & Services - A Practical Guide for Regional Centers, Attorneys, Developers and Businessmen, click here.
  2. EB-5 – So Misunderstood: Size Doesn’t Matter By Gregory Finkelson

    While the EB-5 investment visa program continues to gain visibility and popularity, much of the program remains misunderstood. One of the biggest misunderstandings is that the size of the project for which the investment will be used matters. That is simple not true.

    Pooling the investments of many individual EB-5 investors has become increasingly popular for funding multimillion dollar projects. There is no upper limit to the number of investments that can be combined. The math is simple. If you need $30 million, you need 60 investors.

    Smaller ventures, however, still don’t seem to understand that they, too, can use EB-5 investments, even if their project is so small that it requires only one $500,000 investment.

    The issue of size is only relevant when it comes to the number of jobs that must be created by each $500,000 investment. Whether the project is large or small, ten jobs must be created per each participating investor. Once again, the math is simple. Using the funds from a single investor requires that only ten jobs be created. This is ideal for small businesses, especially restaurants. On the other hand, 60 investors means that 600 jobs must be created.

    Size really doesn’t matter. Job creation does. And, only in that sense is bigger also better.

    To learn more about how to put the EB-5 investment visa program to work for you, contact Dr. Gregory Finkelson at American Corporate Services or call 415-682-2550. To order my book, How to Find Chinese Investors, Agents & Clients for Your EB-5 Projects & Services - A Practical Guide for Regional Centers, Attorneys, Developers and Businessmen, click here.
  3. How EB-5 Helps to Control Your Costs By Gregory Finkelson

    One of the less-discussed advantages of utilizing EB-5 immigrant investments for funding projects is the cost-avoidance factor. Not only are EB-5 investors more eager than traditional sources to loan money in multiples of $500,000, they are willing to lend it at a much lower rate.

    Keep in mind that the primary objective of EB-5 investors is gaining permanent residence in the U.S. They are willing to put their entire investment “at risk,” hoping for a better life in America. Living here is something that far too many of us take for granted. Not so for foreign investors who still see America as the Land of Opportunity. These investors are typically willing to charge significantly less interest, if any, than any other funding source.

    Looking at it from a cost perspective, why would a developer want to spend 10% APR or more in interest on a $500,000 loan when the same amount is available at a low, single-digit rate? Granted, there are single-digit rate sources available, e.g., the SBA, but those rates are in the seven-to-nine percent range.

    If an EB-5 investor wants to charge interest – it is entirely his option – the rate is usually in the one-to-three percent range. The term “win-win situation” has never been as meaningful as it is with the EB-5 investment visa program.

    To learn more about how to put the EB-5 investment visa program to work for you, contact Dr. Gregory Finkelson at American Corporate Services or call 415-682-2550. To order my book, How to Find Chinese Investors, Agents & Clients for Your EB-5 Projects & Services - A Practical Guide for Regional Centers, Attorneys, Developers and Businessmen, click here.
  4. Is EB-5 Investment or Immigration? By Gregory Finkelson

    The answer to the title question is that it is both – and they are completely separate issues. Critics of EB-5 call it a visa-for-pay scheme. This is patently untrue. No one is selling EB-5 visas and no one is buying them.

    EB-5 brings the two worlds of investment and immigration together to benefit the U.S. economy through investment and to benefit foreigners seeking immigration to the U.S. who have the wherewithal to invest in projects that create jobs and stimulate our economy.

    Would you hire an immigration attorney as an investment advisor? Of course not. Or, would you hire an investment advisor as an immigration attorney? The answer is the same. You wouldn’t do it. But, if you were a foreigner wanting to immigrate to the U.S., and if you had the financial means to invest half-a-million dollars, and if you were smart, you would hire both an investment advisor and an immigration attorney.
    EB-5 Immigration is not dependent on the investment. It is, however dependent upon successfully meeting the requirements for the fruit of the investment established by the USCIS.

    EB-5 visas are not for sale. They are allotted to qualified foreign nationals who are willing and able to invest in qualified U.S. projects. Only when it is evident that the investment and the project meet all requirements is the door to permanent resident status opened.

    To learn more about how to put the EB-5 investment visa program to work for you, contact Dr. Gregory Finkelson at American Corporate Services or call 415-682-2550. To order my book, How to Find Chinese Investors, Agents & Clients for Your EB-5 Projects & Services - A Practical Guide for Regional Centers, Attorneys, Developers and Businessmen, click here.
  5. Do Not Attempt This at Home – EB-5 Visa By Gregory Finkelson

    It may be as dangerous to attempt to completely understand the EB-5 process without an immigration attorney as it is to fly across the Grand Canyon a la Evel Knievel. Here are a couple of examples why:

    1. When investors funds are pooled, an I-829 Petition must show the exact path of each investor’s funds as they are deposited and subsequently distributed from the New Commercial Entity to the Job Creation Entity and, ultimately for the appropriate intended purposes. You’ll probably need a good accountant as well.
    2. USCIS rules state that EB-5 investor funds may not be held in reserve. On the other hand, it has also indicated the some escrow holdbacks might be permissible. A question naturally arises regarding how any monies held in reserve or in escrow can be considered at risk. Interpretation of issues like this may also require the wisdom of Solomon.

    No one ever said that EB-5 was simple. It is, in fact, not only complex, but fluid. And it requires a team of experienced experts.
    To learn more about how to put the EB-5 investment visa program to work for you, contact Dr. Gregory Finkelson at American Corporate Services or call 415-682-2550. To order my book, How to Find Chinese Investors, Agents & Clients for Your EB-5 Projects & Services - A Practical Guide for Regional Centers, Attorneys, Developers and Businessmen, click here.
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