There are a number of
reasons why it is important to seek independent advice before taking at
face value all the claims relating to the EB5 programmes.
There are a number of areas potential EB5 investors need to be aware of
from legal, investment and practical perspectives that are not readily
apparent from the various programme details.
Some applicants have focused on the investment potential at the expense
of the visa implications of the various schemes which may cause them
certain problems when it is too late.
One of the criteria for the conditions to be removed after two years
relates to job creation meeting the required criteria for the EB5.
However good the return on investment may be, if a particular project
fails to create the required number of jobs there is the real risk that
the conditional visa could be revoked. It is evident from site visits to
the programmes that there are certain points applicants are not being made
fully aware of prior to investment. It is interesting to note that
investors from particular countries have focused on schemes which
monitor closely employment criteria.
Another problem is that visa applicants may have little opportunity to
verify all the information they are given, in some very convincing
brochures and documents. There are significant implications relating to
key political considerations behind individual programmes, that may not
become evident until the times comes for the conditions to be removed.
Dangers of too much Information
A key point to be wary off is that all too often brochures and
programmes focus naturally enough on the positives but it is important to obtain an independent perspective to ascertain the negatives as implications can be far reaching but not readily apparent, and don't expect the regional
centres to verify points if you do not know what questions to ask!
Few Attorneys specialise in the EB5 and many have not visited all the schemes, some work closely with particular schemes
only.
Web sites and brochures tend to emphasise the pros rather than the cons.
Some self help web sites aim to be useful but can end up being potentially dangerous. One self help blog side has over 20 pages of opinions contributed by those looking at the EB5 or who have does some research, but the correspondence fails to identify fundamental points which in specific circumstances could cause problems.
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