popular program and because of some of the issues that have arisen in the EB-5 Program with USCIS and their adjudication policy , it is taking a lot longer now . I think investors have to be sanguine about the fact that from start to finish it can take as much as a year before they can get their green cards .”
Today , it is apparent that the most difficult part of the application process is providing evidence of the lawful source of funds . As an attorney , Anthony relates that , “ It ends up being much more complicated than people recognize . USCIS clearly wants to ensure that only honest legal money is being invested in the EB-5 Program . They do not want this to be a vehicle for money laundering and I approve of that wholeheartedly .”
Proving the lawful source of funds can create headache or work for those who have complicated financial or tax arrangements , especially because of the differences in tax law from country to country . It “ can be quite difficult to unscramble that and prove to the satisfaction of USCIS that the funds themselves are lawfully sourced ,” says Anthony .
Steven : “ The best analogy I can give right now is I was walking through a cross street and I was hand-held by [ my attorney ] and his team : Walk here , navigate there and make sure you do not step in front of a bus . I did not know where to walk to .”
Procedural Hurdles
For Steven , the procedural process was overwhelming at first because , three years ago when he began looking at EB-5 , there was little available information about the program . As a technology-minded person , he attempted to find what information he could on the Internet : “ Doing research on the Internet was pretty useless at that time . There was not much information and there was not a detailed process outlined anywhere .” It is incredible how much more information is readily available to potential investors today . Of course , this is also due to the increased popularity of the program and the ever growing number of approved Regional Centers .
Anthony ’ s experience allows him to shed light on common hurdles within both sides of the process : “ When I started practice in the EB-5 arena it was still running pretty well , and generally speaking , I-526 petitions were being approved in about 90 days , fairly regularly like clockwork . You could say to a client that within six months , start to finish , they would probably have their green card . The difficulty now , no doubt , because it is a
Advice for Other Investors
With these procedural hurdles and waiting issues in mind , we have asked these investors to offer words of advice to others considering participation in the program . In general , the three investors experienced smooth application processes , most likely because they had good attorneys . We were also impressed by their dedication and positive attitudes . When prompted for advice for other potential investors looking to participate in the program , each had this to say :
Steven : “ Many people going through this process , I am pretty sure , did not plan for this in their lives . It is a slight deviation from the regular life plan . It requires time , money and the commitment of family members . It takes more than that individual [ investor ’ s ] commitment to make it happen . Their family needs to be in full support of this . They also need to invest the proper time , energy and resources to make it successfully happen .”
Shelley : “ If they have a plan and the desire to be in the United States and they have something to offer the people and to give to the community to help it grow , they can jump in with two feet . You can go to a place of frustration and you can talk your way out of it ( deciding which way you want go ) or you can keep looking forward and have the faith that everything is going to work out .”
Anthony : “ I think it is very important they do their research and see what projects are out there ; to make sure the project they choose is both one that interests them and has a chance for success , because if the project fails , of course , the program is quite brutal . Their green card can be taken away from them and the investor and his or her family will have to return to their home country .
It is also important to do research about the professionals that they work with . Just because you are investing in the EB-5 Program does not mean you leave your common sense at home . You should be looking at this as indeed any other investment .”
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