EB5 Investors Magazine Volume 5, Issue 2 | Page 35

important piece of advice is something a lot of potential investors don ’ t always remember : The regional center and the immigration attorney are two separate entities . The regional center is responsible for handling your investment , tracking the creation of jobs , providing all necessary project documentation for an investor ’ s I-526 and I-829 petitions , and monitoring the status of each EB-5 investor until they receive their permanent residence and return of capital .
The immigration attorney represents your interests throughout the entire process and guides you through the preparation of your source of funds documentation , helps plan a comprehensive immigration strategy , and reviews your immigration history and any issues of inadmissibility . If the project you select were to fail , your immigration attorney would be the first one to approach to help get your investment back .
WHAT IS THE MOST UNFORGETTABLE MEMORY FROM YOUR EB5 JOURNEY ?
I ’ d have to say when my attorney called me late at night to tell me that my I-526 petition was approved . I was expecting to wait another 7-8 months but hearing that it was approved early made me ecstatic .
HOW DO YOU THINK BEING BOTH AN EB5 INVESTOR AND WORKING IN THE EB-5 FIELD WILL BENEFIT YOU AND YOUR CLIENTS ?
I remember back when I was in college , watching all my peers go for job interviews and get multiple offers – and me getting rejected 80 percent of the time because I didn ’ t have permanent status .
It made me feel disappointed and made me doubt my professional skillset . It took me a while to make the decision to apply for a green card through the EB-5 program and even longer to figure out where I wanted to invest . Because I went through the same struggle as other potential investors , I can truly empathize with them and their plight .
When I meet clients , I always encourage them to do the same kind of diligence I did when making my investment and by sharing my experiences with them I hope to help them make their decision on where to invest . I hope to assist other clients in achieving their goal of immigrating to the United States .
WHAT BENEFITS AND CHALLENGES DO YOU THINK INDIAN EB-5 INVESTORS ARE FACED WITH ?
Benefits : Unlike Chinese citizens , there is no backlog or waiting time for Indian citizens . Indian families , who have children who plan to go to college in the U . S ., can benefit from in-state tuition costs at most public universities .
Challenges : Lack of awareness in India is a big challenge . Not a lot of people know about the EB-5 program and those who do , don ’ t know a lot about the basics of the program . Also , a lot of Indian investors don ’ t realize that the main goal of an EB-5 investment is to receive a green card , rather than to earn a high return . The return on investment is a path to legal immigration to the United States and investors should focus on which project has lower risk factors rather than which projects have better yield .
WHAT ADVICE DO YOU HAVE FOR PEOPLE WHO WANT TO IMMIGRATE TO THE UNITED STATES ?
Over the last few years , I have come across a number of people who wish to immigrate to the U . S . on L-1 / E-2 / H-1B visas . While those visa options can usually result in a faster entry to the United States , they must remember that they are all non-immigrant visas and require renewals every few years , which might require additional investment or documentation etc . Each renewal application carries its own risk of denial whereas the EB-5 ( which is an immigrant visa ) has two main application points , the original I-526 petition and the I-829 petition to remove conditions .
The other thing I would remind potential investors is to avoid anyone that says they can “ guarantee ” your investment back . This goes against the regulations and the very spirit behind the EB-5 program . The guidelines set by the USCIS state that investors “ must put their capital at risk ” and it ’ s important to remember that when selecting a project .
My advice ? Find a project that minimizes the risk factor as much as possible . For example , picking a project with a “ loan-model ” vs “ equity-model ” was important to me , simply because as an investor , I know that in a loanmodel the investment ’ s mode and timing of the exit are better defined . In short , do your homework , speak to as many ( qualified ) people as possible and work with good legal representation to maximize your chances of achieving a successful outcome .
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