Making Permanent EB-5 Program and Improvements to EB-5 Job Counting Method

 In his plan to making the EB-5 pilot program permanent Sen. Patrick Leahy, D-Vt.is proposing a list of improvements focused on stronger staffing, streamlining the review process for applications and business plans, better reporting, and defining the what full time employment as it pertains to the EB-5 job requirements.   Full-time employment is currently defined as 35 total hours a week, per year, per employee (approximately 1,750 hours per year). Sen. Leahy’s proposal would count 1,750 hours worked as a full-time position towards the EB-5 job requirement regardless if the work is done by a single person or multiple individuals.An EB-5 investors investment must create 10 permanent full time jobs for American workers in order to qualify for a Untied States Green Card.
Read further:Senator Leahy’s Amendment Sectional  

EB 5 Visa Costs More Depending on your Currency

[Source: Stephen Parnell, WhichEB5.com]  

Will your EB 5 visa cost rise based solely on your currency?

If you have decided that the EB 5 visa provides your best opportunity for obtaining permanent residency status for you and your family you may wish to act sooner than later, depending on which country you and your funds are now in.

The US dollar has strengthened against a number of currencies. A number of economic and currency analysts believe it will rise further against certain currencies over the next few months.

The immediate reason behind this strengthening of the dollar is the signals from The US Federal Reserve that its purchases of bonds with newly created money may begin to tail off, possibly as early as September.

Just the possibility of quantitative easing has had the effect of pushing up long-term interest rates. In turn the increase in yields on US treasury bonds attracts capital from riskier parts of the world pushing up the value of the US dollar.

Along with this impact, the increasingly positive stories about the US economy all add to the attraction of the dollar; particularly when compared to the economic bad news stories about other parts of the world.

Complete article here:EB5 Visa Cost More Depending...

Hotels Growing in Popularity with use of EB-5 Financing

(Source: Ali Brodie, Greenberg Traurig)  Although the program has been around for a number of years, it is only recently that EB-5 financing has become popular for hotel development with major flags including Marriott, Starwood, Hyatt, and Hilton successfully utilizing this alternative form of financing.  With traditional construction financing difficult to obtain, many hotel developers have turned to EB-5 financing, realizing its benefit as both a creative way of attracting financing from foreign investors, and marketing hotel brands internationally.  Hotel developers favor raising capital through the EB-5 program as it is considered a relatively cheaper source of financing, frequently offering returns of less than 4%, when compared with higher interest rates on debt and other riskier forms of financing.  From the investor’s perspective, the United States is attractive because of its political and economic stability, healthcare, and educational opportunities for children.  The investors, the majority to-date being Asian, are primarily concerned with obtaining a green card through investing in a regional center project that creates the requisite 10 new jobs per investor and will return their funds (capital at risk) within 5 years, not necessarily with the return on investment.   Many investors select EB-5 regional center hotel projects because they identify with the property operated by an internationally recognized hotel brand, and they see the increasing profitability and stability of the U.S. hotel industry.  We suggest the following tactics for EB-5 hotel developers to make your project competitive: It is critical to obtain strong branding by associating with a brand that is recognizable in the investor’s home country.  This adds to the credibility of the project.  Investor’s favor investments with brands which are both familiar and prestigious. Similar to hotel branding is the developer’s track record.  Investors have to trust the developer of the project investment.  Experienced developers should provide investors with information relating to past successes in order to gain investor trust. Ensure that your project is located in a Targeted Employment Area (TEA).  The TEA designation allows the qualifying investment to be reduced from $1 million to $500,000.  The majority of EB-5 projects being marketed to investors are at the $500,000 threshold, and to be competitive in the marketplace, it is crucial that the hotel project be located in a TEA. Geographic location of the project should also be considered, understanding that investors often times will invest in projects located in cities that are centers of commerce, appealing, and easy to visit.  The capital stack must include more than just the EB-5 funds.  Investors like to see that the developer has some skin in the game.  Likewise, projects that have too much EB-5 financing are perceived as riskier in the event the developer is unable to raise the required amount of EB-5 capital. Job creation is critical to the investor being able to obtain a permanent green card.  The developer should work closely with an economist to determine the projected job creation and the corresponding number of investors allowed for EB-5 funding.  Each investor is required to create 10 full-time jobs.  It is always recommended to create more jobs than required in order to have a job creation cushion. Every investor will want to understand the exit strategy associated with their investment.  While EB-5 financing can count as a meaningful part of the capital stack, it is important that the EB-5 funds are used appropriately in accordance with requirements established by the U.S. Citizenship and Immigration Services.   Article here: http://www.eb5investors.com/

"Hola soy de México" - Empire State EB-5 Regional Center Mexico Investor Tour

Empire State EB-5 Regional Center has been in Mexico for the past two weeks meeting with potential EB5 investors.  The enthusiasm and receptiveness to our Regional Center and projects has been great – and unexpected!  We have met with high net worth individuals in Veracruz, Monterrey, Mexico City, Puebla, and Toluca.  Empire State EB-5 is headed back to Mexico the 22^nd of July to the 27^th and will be meeting new investors in Jalisco, San Luis, Leon Guanajuato and Cancun.  We may make a stop in Belize and Chili if we have the time available. Empire State Regional Center has found our hosts to be friendly and inviting, the food was admirable, and the weather was beautiful.  We are looking forward to spending more time in this spectacular country. 

Here are a few snapshots from the past two weeks...

Empire State EB-5 Regional Center has projects ranging from the healthcare to manufacturing to bio-technology industries. Contact us today to gather more information on these exciting new projects.

CONTACT US EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515
   EMAIL HERE or WEBSITE HERE

Over the Years Wealthy Mexicans Are Increasing Investment in EB-5

 
Over the past few years Mexico and Central American countries have seen wealthy citizens investing in the United States mainly by the means of the USCIS EB-5 Program. Since 2011 to 2012 the number of investor South of the Border have doubled and only to increase with investors in the years to come. Mexican investment in the U.S. grew 11 percent in 2012, reaching $27.9 billion, said the U.S. Embassy in Mexico City. A main reason wealthy Mexicans are leaving (or as they refer to it as an "Exodus") is the increasingly violent acts from the Drug Cartels. With this rising fear of the Drug Cartels, the individuals and families with the means to invest in a EB-5 Regional Center are doing so. 

Empire State EB-5 has established an office and legal representation in Mexico City to support our on going efforts with our EB-5 investors and providing investor projects that are diverse in both industry and project type so we can offer several options (Healthcare, Hospitality, Manufacturing, Agriculture). 

Interests in understanding the current process and procedures in the EB-5 industry and projects available, contact Empire State EB-5 directly.

                                                                      (866) 763-6515

WEBSITE HERE or EMAIL HERE

 

USCIS Issues Final EB-5 Policy Memo

[By Jennifer Hermansky on May 31st, 2013/ Greenberg Traurig]

On May 30, 2013, USCIS finally issued the much anticipated Final EB-5 Adjudications Policy Memorandum.  The Final EB-5 Adjudications Policy Memorandum makes significant changes to and provides clarifications for the EB-5 Program.  Here are some of the highlights:

• Less Regional Center Amendments: The new memo states that USCIS does not require formal amendments to regional center designation when an RC changes its industries of focus, its geographic boundaries, its business plans, or its economic methodologies.  Previously, the I-924 listed “acceptable amendments” to include some of these. The memo clarifies the non-mandatory nature of these business changes.
• An RC’s Geographic Area is Determined by Reasonableness:  For the first time, USCIS outlined that determinations on the geographic area of a regional center are based on the RC’s ability to establish by a preponderance of the evidence that the proposed economic activity will promote growth in the proposed area. This means that the RC must show that the proposed area contributes significantly to the supply chain and labor pool of the proposed projects.
• Defines Hypothetical, Actual and Exemplar Projects: The memo states that if a project complies with the requirements of a Matter of Ho business plan, it is an “actual project.” If the project does not comply with Matter of Ho, it is “hypothetical.”  Additionally, an actual project requires more detail than a hypothetical. Finally, the memo defines an “exemplar” as an actual I-526 petition for a project that USCIS will review for EB-5 compliance, including all transactional documents (such as the offering materials).  This is important because if USCIS approves an “actual project,” USCIS will give deference to the later filed I-526s.  Hypothetical projects are not accorded deference at the I-526 stage.
• We decided that already! Deference to Prior Decisions: Deference to already adjudicated matters is one of the most significant changes contained within the memo. For example, if USCIS approves an I-924’s Matter of Ho compliant business plan, it will give deference to this at the later I-526 stage.  I-924 approval notices should state whether a project has been approved as an exemplar or actual project, thereby being accorded deference in future adjudications.
• Approved the Use of Escrow Accounts: USCIS explicitly approved investor’s use of escrow accounts as long as release of funds is immediate and irrevocable upon approval of the Form I-526 and acquisition of an immigrant visa or approval of Form 1-485 (adjustment of status).
• Bridge financing Permitted If You Just Can’t Wait: If a developer uses bridge financing prior to receipt of the EB-5 capital, this will not affect the job creation calculation      whether or not said financing was contemplated before the EB5 financing.  However, it is always a best practice to have contemporaneous evidence of the intent to use EB-5 capital.
• USCIS Defers to State Adjudications of TEAs: USCIS will review state determinations of TEAs to see whether they used reasonable methodologies, but will otherwise defer to state determinations.
• Eventual Acquisition of an Asset Does Not Count as “At Risk” Investment: If the investor is individually guaranteed the right to eventual ownership or use of a particular asset in consideration of the capital contribution, then the expected present value of the guaranteed ownership or use does not count toward total amount of the investor’s capital contribution in determining the amount of money truly at risk.
• Restructure or Reorganization Means (probably) a Total Remodel or Significant Addition: Plans to convert a restaurant into a nightclub or add crop production to a livestock operation would constitute restructuring. This seems to mean USCIS wants a complete remodeling or significant addition to the existing business. “Reasonable time” to Create Jobs at I-829 is Not a Free Pass: Investors need not have created all the jobs at the I-829 stage, but need to be in “substantial compliance” and show that they will create jobs “within a reasonable time.”  This is not an open-ended allowance, but does provide some flexibility. After this time, jobs will not be considered unless there is a force majeure. 
• Material changes at I-829 stage? Don’t Fret: An individual investor can proceed with their Form I-829 petition to remove conditions even if within the time between I-526 approval and submission of the Form I-829 a material change occurred to the business plan.  As long as the investor can show that they satisfy the conditions for removal of conditions, USCIS may still issue an approval.

EB-5 Investor Immigration Visa Program Growth

With the increasing number of EB-5 visa being issued and only a limited amount will result in more competition for gathering investors in the EB-5 industry. The chart below shows how the EB-5 program has shown an increase of visas being processed and received since 2008 and representing projections for the years to come.

For more information on the USCIS EB-5 Immigration Investor program and investment options,

CONTACT EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515

                                                     EMAIL HERE or WEBSITE HERE

Funding Hotel Development Projects with EB-5 Capital

[Source: ILW.com]

When the financial crisis made it more difficult to acquire financing through traditional venues, hotel developers started turning to the Federal  USCIS EB-5 program for sources of capital. Since 2008, developers for hotel chains such as Hilton Worldwide, Hyatt Hotels, and Starwood Hotels & Resorts Worldwide, have taken advantage of the influx of foreign funds made available through the EB-5 program. 

There are two ways for a foreign entrepreneur to obtain an EB-5 investment visa: investing $1 million into a new commercial enterprise to be run directly by the foreign national in the U.S., or to invest into a “regional center.” The latter is an economic unit that is privately owned or sponsored by the government, and will manage the investment, assisting the investor in complying with U.S. Citizenship and Immigration Services (USCIS) requirements—including job creation.  Since most regional centers are located in “Targeted Employment Areas,” they usually qualify for the lower investment amount of $500,000, another reason that they are attractive to the EB-5 investor. Regional Centers also have a less stringent job creation requirement that allows for indirect job creation. 

Since hotels create both, direct jobs (managers and house keeping for example) and indirect jobs (suppliers of towels and soaps), they are a good fit for foreign investors whose permanent resident status is dependent on meeting the USCIS requirements. Pairing with a regional center also benefits the hotel developers since they assist with business plans and help to attract foreign investors. 

<<<READ FULL ARTICLE HERE>>> 

Hotel Developers or Project Developers contact us directly with interest or more information to how EB-5 financing can be a part of you next venture.

CONTACT EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515

                                              EMAIL HERE or WEBSITE HERE

More than a Green Card for Sale, the EB-5 Program is Good for America!

(Author: K. Lara Baharlo, Esq., Of Counsel, Wolfsdorf Immigration Law Group, Original article HERE) 

In 1990 Congress created the employment-based fifth preference visa category (EB-5) category for foreigners seeking to invest in a business that will benefit the US economy and create or preserve at least 10 full-time jobs for qualified US workers. The amount required to invest is $1 million or $500,000 if the investment is made in a high unemployment or rural area.

Some portray the typical EB-5 investor as an ultra-rich Chinese businessman in the market for a prestigious US green card. One restrictionist group describes EB-5 as a “tacky, troubled program that doesn’t do much for economic development.” Others say the EB-5 program “let[s] the guys in with the money and leave[s] the best and brightest waiting in line.” Meanwhile, participants in the program have their own criticisms, alleging that US Citizenship and Immigration Services (USCIS) is hostile toward EB-5 because it is viewed as a “green card for sale” program that denigrates the US immigration system, and is essentially bad for America.

A fundamental tenet of the EB-5 program is job creation, which is often minimized by program critics. There are economic citizenship programs available in some countries through which an individual can buy a passport for a price. However, the EB-5 program requires much more in that the investment required to put one on the path to permanent residency must, amongst other things, create jobs and be at risk. As such, the “green card for sale” concept is flawed and oversimplifies the EB-5 process.

According to statistics published by IIUSA, the industry trade association for the EB-5 Regional Center Program, almost 100,000 jobs have been created for US workers through the EB-5 program, with nearly $5 billion in capital infused into job creating enterprises in the United States since 2005. These figures should be viewed against an increasingly common backdrop of outsourcing and offshore back-office operations. Should we not welcome a program that creates US jobs and infuses a lagging economy with much needed capital? Already, the US must compete with investor programs that are more attractive due to better administration and less stringent requirements. Although some of these programs are more expensive, they can offer passive investment opportunities and shorter processing times with a higher degree of certainty that the investor will achieve his or her goal of residency.

Yes, the EB-5 program has endured fraud and abuse, but scams and deception are not unique to EB-5. Yes, some Regional Centers have failed to deliver on their promises, and investors and projects have suffered. However, the need for weeding out bad actors must be balanced by the need to provide a predictable and stable program for those with legitimate interests so that the United States can continue reaping the significant benefits of attracting foreign investors, particularly during this time of economic struggle and uncertainty.

America is no longer the overwhelmingly dominant global superpower, and cultural arrogance is not a platform from which to operate a congressionally mandated program. However, the United States is still considered the “land of opportunity” throughout the world and can provide excellent educational and quality of life options for high net worth individuals and their families. Although painful to admit, the US cannot afford to deter the billions in capital and hundreds of thousands of jobs that result from EB-5 investment.

Now is the time for the United States to encourage entrepreneurs, capital inflow and job creation. The EB-5 program is smart business, and the United States should be a world leader in attracting immigrant entrepreneurs who are ready and willing to take on the challenge of making it as investors and job creators in America.
 (Ms. Baharlo can be contacted at lbaharlo@wolfsdorf.com; Original article HERE)

EB-5 Immigration Investor Program Visa Details

[Source: State Department/USCIS/Washington Post]

The visual graph represents the total amount of EB-5 visas that have been issued since the inception of the the program back in 1992. The United States has issued more than 29,000+  EB-5 visas which has created over 50,000+ new US jobs and generated $6.8 billion in investment through the EB-5 program to date. From 2008 to 2013 (current) more than 70% of the issued visas were generated during this time frame. The year 2012 was the most productive year of the EB-5 program since 1992 and 2013 looks out grow the previous year visas.

For more information on the USCIS EB-5 Immigration Investor program, investment options, or basic program knowledge:

CONTACT EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515

                                              EMAIL HERE or WEBSITE HERE

The EB-5 American Dream

[Source: State Department/Wall Street Journal]

The surge for visas that were issued in the past 5 year through the USCIS EB-5 program are represented in the graph above. South Korea was the majority of visas issued back in 2008, but since that time China has made an extreme jump to the top representing 4/5 of the programs issued EB-5 visas. 

For more information on the USCIS EB-5 Immigration Investor program and investment options,

CONTACT EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515

                                              EMAIL HERE or WEBSITE HERE

 

 

How long does it take to get money out of EB-5 investments?

[Source: Which EB5; Guest blog by attorney Anthony Olson]

One of the top questions in the mind of every prospective EB-5 investor is “How long does it take to get my money out of the EB-5 investment?” To answer that question, we have to examine that question from three primary perspectives: 1) immigration legal requirements for how long the investment must be maintained; 2) contractual legal restrictions; and 3) market, economic obstacles to cashing out of the investment.

USCIS requires that the $500,000 of investment funds and the program fee charged by the regional center be paid either into escrow, pending the approval or denial of the I-526 petition, or paid directly into the EB-5 enterprise before the I-526 petition can be filed. Therefore, the funds must be held in escrow or in the EB-5 project the entire time that the I-526 petition is pending, which can range from one month to one year. From recent experience in 2012 and 2013, the processing times have gone up from 4-6 months to 10-12 months. Once the I-526 petition is approved, USCIS requires that the investment be maintained until USCIS approves the I-829 petition to remove conditions from the conditional permanent residence. This means that we need to add another 3-6 months (sometimes longer) for consular processing of an immigrant visa or adjustment of status in the U.S. in order to begin the two-year period of conditional permanent residence. Then, in the final 90 days of the two-year period, the EB-5 investor must file the I-829 petition to remove conditions from the conditional permanent residence. It typically takes anywhere from 2 months to 10+ months for USCIS to decide the I-829 petition. So, if we figure the processing times on the longer end, with 10 months for the I-526 petition, 6 months for the consular processing, 2 years of conditional permanent residence, and 6 months for the I-829 petition, then we have 46 months, which is just 2 months short of 4 years. I generally tell clients to figure on 3.5 to 4 years to go through the EB-5 immigration process from start to finish, which is how long the client’s funds must be tied up due to immigration legal requirements.

Finishing reading the article here

China's billionaires on rise

[Source: WANG ZHUOQIONG - China Daily]

China has had more billionaires created by its stock markets this year than in the United States - 212 compared with 211 - a new survey revealed on Thursday.

According to the latest Hurun Global Rich List 2013, there were 1,453 people in the world with personal wealth of $1 billion or more at the end of January.

Another significant sign of more wealth being created in the East came with figures showing Asia was home to the highest number of billionaires, with 608, followed by 440 from North America and 324 from Europe, said Hurun researchers.

Among individual countries, the US and the Greater China area dominated with 408 and 357 respectively, followed by Russia, Germany and India. 

Between them, the US and China now have half of all billionaires on the planet.
Moscow, with 76 billionaires, is the billionaire capital of the world, followed by New York, Hong Kong, Beijing and London, according to the report. 

More on the Chinese billionaires article HERE