News By Tag Industry News * Business Advisor * More Industries... News By Place Country(s) Industry News
| Why do our EB-5 visa investor clients in Direct Investment Businesses get easily approved?We work hard to ensure that we focus on serving only our clients.
By: Smart Business Broker The 2013 investor petition decisions shown in the link above are all related to I-526 petitions, and all but APR172013_01B7203 are for direct investment EB-5 cases. It seems that whosoever is now writing AAO decisions is very detail-oriented and a fan of the precedent decision Matter of Ho. This AAO writer repeatedly returns to the decision’s treatment of the “at risk” requirement. According to Matter of Ho: “Simply formulating an idea for future business activity, without taking meaningful concrete action, is similarly insufficient for a petitioner to meet the at-risk requirement. Before it can be said that capital made available to a commercial enterprise has been placed at risk, a petitioner must present some evidence of the actual undertaking of business activity; otherwise, no assurance exists that the funds will in fact be used to carry out the business of the commercial enterprise. This petitioner’s de minimis action of signing a lease agreement, without more, is not enough.” Now the AAO is also focused on the issue of “meaningful concrete action,” and is requiring EB-5 visa petitioners to provide evidence of funds already spent in the business, contracts already executed, and employees already hired prior to I-526 filing. These aren't for I-829 cases, but I-526 cases. Direct EB-5 investors should remember that if they have primary control over the business’s bank account, USCIS may require you to show evidence at I-526 that you not only invested $500K/$1 million but that your business has already spent or was irrevocably/ Our professional approach helps reduce and eliminate fraud that is commonly committed by regional centers. Direct Investment Businesses in blue chip franchises (that are fully owned and controlled by an EB-5 visa investor) usually have the following advantages over regional centers / partnerships / third rate franchises: 1) Quick approval: Direct Investment Businesses are assessed very objectively by the USCIS on only 3 criteria: Were funds lawfully obtained and transferred to create 10 permanent full time jobs for US citizens and LPR's (Lawful Permanent Residents)? There are no issues such as tenant occupancy or other subjective criteria used. As a matter of fact, nowadays, EB-5 visa petitions sponsored by Direct Investment Businesses are approved a lot sooner than those filed by Regional Centers or Partnerships as securities law questions are not implicated and neither are indirect job creation criteria used. 2) Excellent ROE: It is quite usual to see annual Return On Equity (ROE) of 20-30%, while those who opt for regional centers and partnerships usually see low ROE of 1% and often see no ROE at all. 3) Easy exit strategy: It is quite easy to sell running Subway or Five Guys or KFC / Taco Bell or Dunkin Donut / Baskin Robbin shops, and quite difficult to sell partnership stakes in regional centers or other partnerships where the EB-5 visa investor supplies most of the equity capital but gets only small percentage ownership in equity. 4) Zero fraud or conflict of interest: We proudly offer a written guarantee of 0 fraud or conflict of interest to our clients, while our competitors usually won't do so as they are more interested in deceiving EB-5 visa investors instead of serving them. 5) Full disclosure of material facts: We proudly offer a written guarantee of full disclosure of material facts to ALL of our clients, while our competitors usually won't do so as they are more interested in deceiving EB-5 visa investors instead of serving them. 6) Capital gains: ALL of our clients have exited with capital gains (which is expected when selling solid businesses), while in 10 yeas I've yet to see even a single regional center client exit with capital gains. Even those who were gullible enough to invest in third rate franchises aren't likely to get capital gains on exit. 7) Full control of capital: Our client's funds are only placed in corporate bank accounts wholly owned and controlled by the corporate entity we set up for our clients. 8) Full fee refund guarantee: We confidently offer a 100% fee refund guarantee in case our client is rejected due to our fault, while our competitors usually NEVER offer this guarantee. We don't believe in making our clients pay for our mistakes, while our competitors do believe in making the EB-5 visa investor client pay for their faults. As such, whenever EB-5 visa seekers see shady solutions being promoted, they need to ask probing questions in order to avoid being cheated out of their hard earned money. We know that it's hard to earn money and easy to burn money, which is why we work hard to educate EB-5 visa investors, as we believe that an educated EB-5 visa seeker will be our best clients, while our competitors believe that educated EB-5 visa seekers are their worst nightmare. For more details, please visit our website and join our LinkedIn.com group 'EB-5 visa - Direct Investment Business". Yours truly Mohamed Shaikh, MBA, CFE, Licensed Business & RE Broker (CA & FL) End
|
|