Reason analysis USA EB-5 project failure and how to prevent and avoid

Shanghai City Star Han law firm Pan Jie lawyers, Xinghan International Center

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E-mail: lawyer@lawyerstars.com

How to remedy the phone last week Xinghan foreign-related legal affairs center staff received an inquiry America EB5 investor immigration program after the failure, after a preliminary understanding of the situation of the relevant information to me. What situation is: Linda in the past two years, has commissioned a well-known immigration services conduit company the EB5 investment immigration America application, to participate in the regional center of the company strongly recommend a project, but it is a pity that in repeated requests according to the company to submit materials, eventually because immigration Service Corporation recommended projects that fail to pass the USA approved by the Department of immigration, the applicant's application for immigration as a Linda failure, have the same experience of application the same batch of a total of 80 passengers, she and Immigration Services conduit company multiple communication way is not smooth, be put in a quandary in struggling, she seemed to be aware of what, she suddenly wake up, why not go to a professional lawyer? She immediately thought of hire their own lawyers to do America EB5 immigrant investor program.

After understanding the situation, I participate in the Linda EB-5 project was rejected not surprised USA immigration, investment immigration failed total expected. Why? As everyone knows, everyone heard yet, see the relevant immigration agents or intermediaries and promotion of investment immigration program for publicity language almost follow the same pattern, said the project 100 percent risk-free, package and so on, perhaps a beginning has deviated from the track, down will only be more far away from the goal you want to achieve. For this embarrassing situation star Han's colleagues and I feel both worried and very understanding. Don't know how to output the real for the sake of the interests of our customers, sincerely to customers as our own relatives and friends, things to do, and the investment immigration service to a honest, healthy track, do our star Han law office staff as a legal worker this, it has always been our star Han law firm for the general customer service purposes.

Two days ago on the Internet to see an article Americans describe how immigration intermediary agencies about China treatment EB5 project reports, with deep feeling, it vividly shows us the Immigration Agency uneven, some good and some bad. (http://eb5info.com/articles/386-china-s-migration-agents-polarized-by-eb-5-fail) this report is a call Kevin Jeffers Americans according to their company's project director in China spent more than 3 months time, visited more than 60 Immigration Agency obtained first-hand information and written, wrote: they found that there are two distinct business attitudes and ways Chinese immigration agents in the EB5 project, which is "risk aversion" and "the pursuit of profit".

The so-called "risk averse" Immigration Agency is their business model positioning in the long-term, sustainable development, to fully tap the potential of EB5 projects, the prospects of the project, the interests of customers and the company grow together. So the agency will closely into each of the risk of the project, planning, finance and the target realization ability, and calculate the development judgment structure, project can meet the expectations of investors value. The article introduces the project selection, data standards should include:

In addition, the ideal investment mode, the relationship between the investor, regional center owners, developers, lawyers, consultants should be equal, investors do not have to use the regional center appointed lawyer, law firm. And all the data submitted by the investor should be recorded and archived, investors also have the right to consult the relevant document of government and legal documents to prove. Such "risk aversion" mode is our star Han International Center for the immigration department highly recognized and endorsed.

Another type is "chase profit".

This kind of immigration companies seem more importance is real benefits, so exaggerated propaganda, not afraid to make promises of things often happen, only goal is to increase fees and charges. But in fact, the EB5 from the application to get the official green card (I-829) requires at least 2 and a half years time, when the project really problem has been a waste of time, energy, money, and finally the parties or go to a professional lawyer to solve difficult problems, this is the case above Linda encountered. Kevin Jeffers image in their article described, immigration agency that provides for the project of PPM (business plan) never to study and evaluate the feasibility of these companies directly, these materials will be used to watch for customers on the bookshelf, professionalism and dedication.

As Americans Kevin Jeffers feel like this way of working is the 2008 subprime crisis before the American financial institutions, agents to treat them to participate in EB5 projects like the show, although profits, regardless of the risk, which makes the EB5 project "odds" is not high position. Therefore, investors to buy a "quick cash returns for the commitment, but avoid moral and investment risk" marketing products, such products will enable investment immigration applicants to pay a certain cost in the project after the failure.

In summary, Linda for EB5 investment immigration American fail. We also found an answer, probably "intermediary agent chase profits", in Chinese market are few, but there are also some mechanism is indeed for our customers to be conscientious and do one's best interests, is very dedicated professional.

How to avoid this should not happen investment immigration applications fail, I want to should do two things, one is the investors themselves to EB5 investment immigrants have a clear understanding, not only to recognize the advantages of the immigration policy, but also to understand the risk which the resettlement project, EB5 can be said to be difficult easy and white; another point is to find out the proper mechanism and agent is the key to investment success.

EB5 immigration simple in its place on the applicant's qualifications set relatively loose, conditions without any business background, age, education level and language ability for investors, as long as the source of investment funds is legally acquired, and the funds are not limited to earn enterprises through their own efforts, but also the inheritance or to obtain. A major feature of this category is "family migration", investors, their spouses and unmarried children under 21 years of age in may also apply for emigration. Another great feature is the investors during the conditional green card holders, not only can free import and USA, and not the residence of the problems, and the child can enjoy public schools free treatment, so if the investors in the home country to business, children can stay to enjoy reading, America relaxed high quality educational environment you can choose not to, in USA without affecting the immigration status.

But EB5's difficulty is often ignored, almost no one mentioned. Need to know, clearly defined America EB5 legislation, investment and operation must take the market economy as the criterion, there must be "risk", any form of third party guarantees and promises to investors to get a green card is illegal. "Regional center" is a project planning, since the ultimate purpose of investment and acquisition card carrier cannot guarantee investors, how we measure the "regional center" project can ensure that the investors get a green card and will return the money? This is also the difficulty of EB5.

So every investor should know, the so-called "investment immigration" is in the investment as the foundation, relates to the investment must have a risk, but the size of the risk, even if is 0.0001%, that is the risk of investment, this is common sense knowledge, basic concept. Maybe we should do is not to follow a company to assure us that we would not project problem, not the problem means no risk investment, this is a contradiction, this project is not approved by the CIC; as an investor, really should be doing is to reduce risk, improve the probability of investment success, in order to achieve this goal, the investor should do more research, fully understand the project planning, execution, team background.

Perhaps many investors would say, our long-term domestic, overseas no relatives or friends, how is it possible to do research well? But our language ability is limited, a professional project data how do we read? Besides, even if read, which also involves many professional background, general industry practitioners are very difficult to find out the doorway, and for the investors, the proper selection of the institutions and the agent is the key to deal with immigration. A measure of whether the standard is mentioned in the preceding paragraph, whether the "risk aversion", whether to have long-term vision; at the same time, it is more important to find a truly representative of the interests of their lawyers, so as to ensure the lawyer, investors, the agency also stand on the same front, can do due diligence, tracking in the process of early in the project, and the potential risk warning and help investors to plan risk to investors, the immigration agency to maximize the protection of the interests of investors, to manage their own investment immigration matters, make concerted efforts, achieve the goal that is you as the EB-5 investment immigration America the most reasonable, rest assured, the most intelligent select.

I hope that more and more investors can find their own professional lawyers, find out the project smoothly, immigration, and star Han law firm with me I will do due diligence and threw himself into the Linda the entrusted affairs, remedial measures, as soon as possible to help her in her desire to reach, force do our star Han law firm as legal workers work.

Finally, wish the faces of a person with breadth of vision, reach your good will in the near future!

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