US Economy Looking Good for EB5 Visa Investors

[Source: WhichEB5]

If you are presently thinking about making a permanent move to the USA through the EB5 visa, but have some concerns about your timing, in connection with the performance of the US economy, a recent report from Wells Fargo will be of interest to you.

The report, backed up by a lot of impressive evidence, indicates strong future prospects for the USA and considers five particularly important areas, profitability, innovation, resources, stability and people to draw a very positive conclusion.

The US is the leading country in research and development in eight out of ten technology areas including:-

• Agriculture and food production
• Aerospace, rail and non-auto transportation
• Military aerospace, defense and security
• Composite, nanotech and other advanced materials
• Energy generation and efficiency
• Healthcare, medical, life science and biotech.
• Information and communications|
• Instruments and non ICT electronics

Read article in full: US Economy Looking Good for EB5 Visa Investors 

CONTACT US EMPIRE STATE EB5 REGIONAL CENTER TODAY!

1160F Pittsford Victor Rd.

Pittsford, New York 14534

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

"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

More Chinese immigrants move to developed economies

[By Fu Jing in Brussels ( chinadaily.com.cn)]

The number of Chinese immigrants to developed economies has picked up slightly from 2009, and made China the "leading country of origin" according to a report published on Thursday in Brussels.

But given its 1.4 billion population, the rate is far lower than most other countries in the world. And its ability and insight into attracting expertise has won warm appreciation from the OECD chief.

As the Paris-based Organization for Economic Cooperation and Development released the International Migration Outlook 2013, the organization's secretary- general Angel Gurria praised China for implementing "very smart" measures to attract expertise. 

China's immigration into OECD countries reached 529,000 in 2011.

In 2009 the number declined to 460,000 from 518,000 in 2007. 

Based on 2011 figures, major immigration countries following China are Romania, Poland, India, Mexico, Philippines, United States, Germany, Morocco and the UK, each of which all has immigration of above 100,000.

See complete report: Slight rise in Chinese immigrants to developed economies

Wealthy Mexicans' Investment In The United States Increased in 2012

 
Mexican investment in the U.S. grew 11 percent in 2012, reaching $27.9 billion, the U.S. Embassy in Mexico City. The U.S. issued almost 4,000 investor visas to Mexicans in 2012, with only Japan and Germany exceeding that amount. Mexico and the U.S. have always had strong economic ties, though investment has traditionally flowed North to South, with U.S. companies outsourcing manufacturing operations to Mexico. In a balancing of the scales, Mexican businesses are now expanding north. The U.S. Embassy says that the U.S. is an attractive location for Mexican businesses and private investors.

Complete Forbes article: Wealthy Mexicans' Investment In The United States Sharply Up in 2012

Chinese with high net worth emigrating overseas consider the EB-5 program

A few main reasons for Chinese to consider USCIS EB-5 program:

1. Diversifying investments; with tough governmental restrictions on Chinese real estate market and declining gold price,  many Chinese investors are considering international investment strategies. Investing in foreign real estate, including residential properties, is a top priority approach for many investors.
2. Sending children for a better education; many Chinese teens are coming to private high schools in the US. Currently there are nearly 200,000 Chinese students enrolled in the US schools, colleges and universities.
3. Avoiding potential social and political instabilities; with a new regime in power, many wealthy investors feel more uncertainty and discomfort about which direction China is to be headed. The vast gap between the rich and the poor has further pushed the investors for outbound opportunities.
4. Seeking a better life; with numerous reports on food safety issues, environment pollution problems across China, Chinese investors are simply searching for exit strategies.

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 EMPIRE STATE EB5 REGIONAL CENTER TODAY!

2815 Monroe Avenue, Suite 2100

Rochester, New York 14618

Tel: (866) 763-6515

                                                     EMAIL HERE or WEBSITE 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

USCIS ELIS and the EB-5 Immigrant Investor Program Invitation - May 23, 2013

(Source: USCIS)  U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a conversation regarding USCIS ELIS and the EB-5 Immigrant Investor Program on Thursday, May 23, 2013, from 12:30 p.m. to 2 p.m. (Eastern).  Form I-526, Immigrant Petition by Alien Entrepreneur, will be the first of the EB-5 forms available for e-filing in USCIS Electronic Immigration System (ELIS). At the March 28th stakeholder teleconference, we heard concerns about multiple investors submitting the same documentation with the Form I-526. To address this concern, we plan to add a “document library” to USCIS ELIS later in the year. The document library will allow Form I-526 petitioners to share documents related to a new commercial enterprise that were previously submitted with an approved I-924, Application for Regional Center, rather than submitting these same documents with the Form I-526. During this engagement, USCIS officials will give an overview of the concept for the document library and solicit feedback regarding managing access to the document library; uploading and storing documents; and Regional Center and Investor expectations.  To Participate in the Session: You may attend this engagement either in person or by teleconference. If you wish to attend in person, attendance is limited to the first 25 people who register. Those attending via phone will be in listen-only mode.  To Join the Session in Person: If you wish to attend in person, please email Public.Engagement@uscis.dhs.gov no later than May 22, 2013. Please include your full name and the organization you represent, if any, in the body of the email and reference “ELIS EB-5” in the subject line. Also, be sure to bring government-issued photo identification and plan to arrive at least 15 minutes early to complete the security process.  To Join the Session by Phone: If you wish to attend by phone, please visit our registration page to register for this engagement. All registrations must be received no later than May 22, 2013. Be sure to complete and update your subscriber preferences by answering all questions on the “Event Registration” tab. Once your registration is processed, we will confirm your attendance in person or by telephone. If you have any questions regarding the registration process or if you have not received a confirmation email within 2 business days, please contact the Public Engagement Division at Public.Engagement@uscis.dhs.gov. On the day of the session, please use the information below to join the teleconference. We recommend that you call in 10 to 15 minutes before the start time.  Toll-Free Call-in Number: 1-800-857-0174      Passcode: ELIS

Top Five EB-5 Industry Sectors in Chinese Market

[Source: EB5NewsBlog]

There are various EB-5 projects available to Chinese investors this year, they range from casino hotels, mixed-use developments, charter schools, dental clinics to high end apartments. However, considering project's marketability and popularity, the following categories are getting attentions from Chinese investors:

1) Large full service hotels with well-known or international brands;
2) Large scale mixed-use real estate development projects in large metropolitan areas;
3) Direct EB-5 projects with top brand franchises;
4) Assisted living and memory care facilities; and
5) High end apartment development projects in large metropolitan areas

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

Three out of five wealthy Chinese want to immigrate

[Source: Jason Chow; WSJ]

China’s rich continue to want to invest and move abroad in large numbers, but their goals have begun to shift, consulting firm Bain & Company said in a report released Tuesday.

Three out of five wealthy mainland Chinese are looking to immigrate out of China while another third own investments abroad, Bain said in its “China Private Wealth Report, 2013,” based on a survey conducted earlier this year of 3,300 “high-net-worth individuals” with at least 10 million yuan (US$1.6 million) in investable assets.

Jennifer Zeng, the lead author of the report, said the desire for overseas immigration and investment is a defensive measure for China’s rich. “The more they look for risk diversification, the more they look elsewhere,” said Ms. Zeng in a phone interview from Beijing.

She pointed out that the proportion of wealthy Chinese with overseas investments has doubled to 33% since 2011, the last time the survey was completed. Among the ultra-high-net-worth Chinese – those with at least 100 million yuan of investable assets – 51% said they had money invested overseas.

Read entire article:  Three out of five Chinese want to immigrate

Foreign Buyers Show No Signs of Slowing

 [Source: By Jennifer LeClaire | Miami]

 There’s no slow down in the influx of foreign buyers in the commercial real estate arena. In fact, foreign investment in the U.S. factored as the third largest reason why confidence levels are increasing in 2013, according to Akerman Senterfitt.

The firm released its fourth annual survey after its U.S. Real Estate Summit. The survey found that 31% of commercial real estate executives believe foreign investors will fund a significant portion of commercial real estate debt and equity in 2013. And 62% believe that the U.S. will see the most Latin American real estate investment from Brazil. Venezuelan investors are expected to be the second most active, at 28%.

Meanwhile, 60% of percent of industry executives believe that foreign investors will contribute largely to the development of multifamily homes. They also predict that U.S. hospitality (30%) and retail (29%) will be among the top active sectors for foreign investment.

Foreign Buyers Show No Signs of Slowing

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

 

 

Key EB-5 Issues Contained in the Senate Comprehensive Immigration Bill Introduced on April 17, 2013

[Source: Laura Reiff and Kate Kalmykov, www.eb5investors.com]

The key EB-5 provisions in the bill include:

-Making permanent the EB-5 Regional Center program.  Introduced in 1992 as a “pilot” program, it has continually been reauthorized by Congress and most recently it was extended through September 30, 2015. 

-Recapture of unused immigrant visa numbers from prior fiscal years. 

-Elimination of per country quotas for employment based visa numbers, this would have 
significant implications for China which is predicted to reach its quota in fiscal year 2014.

-Exemption from the employment based immigrant visa numbers for spouses and children of principal applicants, this means that visa numbers which are currently capped at 10,000 would be allocated solely to principal investors.

-Additional immigrant visas numbers for the EB-5 program as a whole.

Full "Gang of Eight" Legislation Immigration Reform 

USA Major Market Segmentation (2013 - First Quarter)

[Source: www.ibisworld.com]

This graph represents the breakdown of total money spent from consumers in each industries general category. More spending by consumers will boost economic growth in the first two quarters of 2013 after a lull at the end of last year. Consumer spending accounts for 70 percent of economic activity. The big winner three months into the new year goes to Finance and Insurance industry.

EB-5 Stakeholder Meeting with USCIS and SEC - April 3, 2013

[Source: USCIS]


Dear Stakeholder,

U.S. Citizenship and Immigration Services (USCIS) and the Securities and Exchange Commission (SEC) invite interested individuals to participate in a stakeholder teleconference on April 3, 2013 at 3 p.m. (Eastern) to discuss the EB-5 Immigrant Investor program. During the engagement, subject matter experts from the SEC will discuss securities law compliance in the context of EB-5 regional centers and investments. Stakeholders will have an opportunity to ask the SEC questions at the end of the teleconference.

To Register:
Please click here to RSVP for this engagement. Be sure to complete and update your subscriber preferences. Once we receive your registration, we will send you a confirmation email with additional details. If you have any questions regarding the registration process, please contact the Public Engagement Division at Public.Engagement@uscis.dhs.gov.

To Join the Session:
On the day of, please use the information below to join the teleconference. We recommend that you call in 15 minutes before its start.

             Call-in Number: 1-888-989-5161               Passcode: EB-5

Please note this call is intended for stakeholders only. Members of the media who have inquiries should contact the USCIS Office of Communications at 202-282-8010. 

We look forward to engaging with you!

Kind regards,
Public Engagement Division
U.S. Citizenship and Immigration Services (USCIS) www.uscis.gov/outreach

EB-5 SEC Engagement Invitation

 

 

USCIS releases draft EB-5 adjudication guidance

[Source: USCIS]

USCIS seeks your input on the draft policy memoranda listed below.

EB-5 Adjudications Policy Memorandum

Draft policy memoranda for comment are posted in the Feedback Opportunities page of uscis.gov, where stakeholders will be able to submit comments.These memos are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memos do not constitute agency policy in any way or for any purpose.

Comment Process:  Please email all comments to opefeedback@uscis.dhs.gov.   Please include the following to make your comments clear:

• State the title of the relevant memo in the subject line of your message;
• Refer to a specific portion of the memo; 
• Explain the reason for any recommended change; and 
• Include data, information, or authority that supports the recommendation.

You must submit your comments before the closing date noted in the red box at the top of each policy memorandum. USCIS may distribute any comments received (including any personal information and contact information) on its public website or to those who request copies. By providing comments, you consent to their use and consideration by USCIS, and you acknowledge that your comments may become public. USCIS cannot guarantee that it will acknowledge or respond to any comments submitted.

See the Feedback Updates (also linked to the left) for the status of all policy memos and links to published memos.

Background and Additional Legal Information:  Field guidance documents are available for public review on USCIS's website (www.uscis.gov) as part of the Adjudicator's Field Manual (AFM).  In a continued effort to promote transparency and consistency in our operations, USCIS will periodically post policy memos for public comment to assist USCIS in improving immigration services.  USCIS will not post memos containing information that is law enforcement sensitive, confidential or otherwise protected from disclosure under the Freedom of Information Act.  USCIS is not required to solicit public comment on the draft policy memos under the Administrative Procedure Act. This informal comment process does not replace any statutory or other legal requirement for public comment on agency action.

E-Verify Receives High Ratings in Customer Survey

Just released today, Director Mayorkas of the USCIS declared that they have received great reviews regarding the free E-Verify Online employee verification that helps United States businesses to verify eligibility to work in the USA. The E-Verify has been praised for its ease of use and customer support.

[Source: USCIS; released February 21, 2013]

WASHINGTON—U.S. Citizenship and Immigration Services Director Alejandro Mayorkas today announced that users of E-Verify, the free Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States, have given the program high marks in a recent customer survey.

More than 1,300 randomly selected employers across the nation who use E-Verify evaluated key program aspects, including registration, the online tutorial, ease of use, technical assistance and customer service. They rated the program as exceptionally high in overall customer satisfaction, with an average score of 86 out of 100 on the American Customer Satisfaction Index (ACSI) scale. 

 “We are proud of the advancements we have made in the E-Verify program,” said Director Mayorkas. “This customer survey validates the success of our efforts, which we have undertaken in collaboration with the business and labor communities and other key stakeholders.”

 <<<READ MORE HERE>>>

Foreign-investment led projects blossom

[Source: Bizjournal, Brian Terrell, Jones Lang LaSalle Inc.]

While construction lending remains tight and high loan-to-cost ratio continue, the EB-5 Regional Center program offers an alternative financing route for projects, especially if they require new real estate construction. In general, EB-5 financing will cover approximately 20 percent to 70 percent of a project depending on the number of jobs created.

<<<READ MORE HERE>>>

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