This is where professionals specializing in T Visas come into play, offering crucial assistance to victims of human trafficking, helping them find safety and justice within the U.S. legal framework.
Unraveling the T Visa
Before we delve into the role played by T Visa specialists in New York, it’s imperative to grasp the essence of T Visas and their intended beneficiaries.
T Visas serve as a form of immigration relief extended to individuals who have endured human trafficking ordeals. These visas are available to victims who have been compelled or coerced into labor or commercial sexual exploitation. By applying for a T Visa, victims not only attain legal status within the United States but also open up avenues towards potential permanent residency.
The Global Challenge of Human Trafficking
Human trafficking stands as a pervasive global issue, and New York City is no exception. Its stature as a major transportation hub and a diverse cultural melting pot renders it susceptible to human trafficking activities.
T Visa specialists in New York are well-acquainted with the intricate dynamics of human trafficking cases within the city. Victims often come from various countries and speak diverse languages, underscoring the need for specialized expertise.
The Crucial Role of T Visa Specialists
T Visa specialists in New York function as beacons of hope for survivors of human trafficking. Their primary responsibilities encompass:
Legal Representation: T Visa specialists provide invaluable legal counsel and representation to victims throughout the application process. This includes aiding victims in assembling essential documents, preparing affidavits, and navigating the labyrinthine maze of immigration forms.
Protection: Attorneys labor diligently to ensure the safety of their clients by facilitating their access to U visas, which are designed to safeguard victims of specific crimes against deportation.
Advocacy: T Visa specialists vigorously advocate for policy alterations and reforms aimed at protecting the rights of trafficking victims. They engage with local and federal authorities to foster a more secure environment for their clients.
Navigating Challenges
The role of a T Visa specialist in New York is not devoid of challenges:
Diverse Clientele: The cosmopolitan makeup of New York City necessitates that specialists be proficient in an array of languages and attuned to various cultural sensitivities to serve their clients effectively.
Legal Complexity: The realm of immigration laws and procedures is notably intricate, requiring specialists to remain abreast of perpetually evolving regulations.
Trauma-Informed Approach: Recognizing and comprehending the trauma endured by victims is paramount, enabling specialists to provide the requisite support and empathy throughout the legal process.
Triumphant Narratives
Despite the arduous challenges, T Visa specialists in New York have played a pivotal role in aiding numerous survivors of human trafficking in their pursuit of rebuilding their lives within the United States. These success stories serve as beacons of hope, inspiring others seeking justice and refuge.
In a sprawling and diverse metropolis like New York, T Visa specialists remain unsung heroes, relentlessly working to provide a lifeline for victims of human trafficking. Their unwavering dedication to justice and their clients is nothing short of commendable.
Frequently Asked Questions
What is a T Visa? A T Visa is a form of immigration relief provided to victims of human trafficking within the United States.
How can I locate a T Visa specialist in New York? You can conduct online searches, get in touch with local legal aid organizations, or seek recommendations from advocacy groups.
How does a T Visa differ from a U Visa? Both visas cater to victims of crimes, but T Visas are specifically designed for victims of human trafficking, while U Visas pertain to victims of specific other crimes.
Can T Visa specialists assist with matters beyond T visas? Yes, many T Visa specialists possess comprehensive expertise in various immigration issues extending beyond T visas.
What is the typical processing time for a T Visa application? The processing duration varies, generally spanning several months to a year or more, contingent upon case complexity and government processing timelines.
One of the most popular ways to invest in the EB-5 program is through a regional center. A regional center is a government-approved organization that pools the investments of multiple EB-5 investors and uses them to finance a specific economic development project.
Forming a Regional Center
Forming a regional center requires a significant investment of time and resources. The first step is to submit a comprehensive business plan to the United States Citizenship and Immigration Services (USCIS) that outlines the proposed economic development project and demonstrates how it will create or preserve at least 10 full-time jobs for U.S. workers.
In addition to the business plan, the regional center must also demonstrate that it has the necessary management experience, financial resources, and industry expertise to successfully execute the project.
Once the USCIS approves the regional center, it can begin to accept investments from EB-5 investors.
Compliance and Ongoing Obligations
Once a regional center is formed, it has ongoing compliance and reporting obligations to the USCIS. These include regularly submitting reports on the status of the economic development project, as well as demonstrating that the project is creating or preserving the required number of jobs.
Regional centers are also subject to regular audits by the USCIS to ensure that they are in compliance with all program requirements.
Marketing Your Regional Center
Marketing your regional center to potential EB-5 investors is a critical step in the EB-5 process. This includes developing a comprehensive marketing plan that targets potential investors in countries with high EB-5 demand, such as China and India.
It is also important to have a professional website that showcases the economic development project, the management team, and the track record of the regional center.
In addition, it is a good idea to participate in EB-5 trade shows and conferences to connect with potential investors and industry experts.
Forming, operating, and marketing an EB-5 regional center is a complex process that requires significant expertise and resources. However, for those who are willing to invest the time and energy, it can be a powerful tool for attracting foreign investment and creating jobs in the United States.
EB-5, or the Employment-Based Fifth Preference category, is a program established by the United States Citizenship and Immigration Services (USCIS) that allows foreign investors to obtain a green card by investing in a new commercial enterprise that creates jobs in the United States. One aspect of the EB-5 program is the EB-5 Regional Center, which is a designated entity that acts as a middleman between the foreign investor and the commercial enterprise in which they are investing.
What is an EB-5 Regional Center?
An EB-5 Regional Center is a designated entity that acts as a middleman between foreign investors and the commercial enterprise in which they are investing. These centers are authorized by the United States Citizenship and Immigration Services (USCIS) to promote economic growth and job creation by pooling EB-5 investments from multiple investors and investing them in projects within a specific geographic region.
How does an EB-5 Regional Center work?
An EB-5 Regional Center pools investments from multiple foreign investors and invests the funds in a new commercial enterprise that is located within a specific geographic region. The center is responsible for identifying and pre-approving projects that meet the EB-5 requirements, such as creating a minimum of 10 jobs for each EB-5 investor. The center also manages the investment funds, provides regular updates to investors, and helps the investors navigate the EB-5 process.
What are the benefits of investing through an EB-5 Regional Center?
Investing through an EB-5 Regional Center can have several benefits for foreign investors. First, it allows investors to pool their funds with others to invest in larger projects that may not have been possible individually. Additionally, the center can help investors navigate the complex EB-5 process, including identifying and pre-approving projects, managing the investment funds, and providing regular updates. Furthermore, the center can also provide investors with a more stable and secure investment opportunity, since the funds are invested in a specific geographic region, which can help to mitigate the risk.
How do I find an EB-5 Regional Center?
The EB-5 Regional Center Program is available throughout the United States. There are many EB-5 Regional Centers operating in various regions across the country, and they can be found through the USCIS website or by searching online. It is important to thoroughly research any EB-5 Regional Center before investing, including checking their track record and any legal or financial issues they may have had.
How does an EB-5 Regional Center differ from a direct EB-5 investment?
An EB-5 Regional Center differs from a direct EB-5 investment in that it pools investments from multiple foreign investors and invests the funds in a new commercial enterprise that is located within a specific geographic region. A direct EB-5 investment, on the other hand, is when a foreign investor invests directly in a new commercial enterprise. Direct EB-5 investments have more strict requirements than those of regional centers, such as creating a minimum of 10 jobs for each EB-5 investor. Additionally, the EB-5 Regional Center can help investors navigate the EB-5 process, identify and pre-approve projects, manage the investment funds, and provide regular updates.
Why Choose a EB-5 Regional Center?
EB-5 Regional Center is a designated entity that acts as a middleman between foreign investors and the commercial enterprise in which they are investing. These centers are authorized by the United States Citizenship and Immigration Services (USCIS) to promote economic growth and job creation by pooling EB-5 investments from multiple investors and investing them in projects within a specific geographic region. Investing through an EB-5 Regional Center can have
EB-5 visas are a type of investment visa that allows foreign investors to gain permanent residency in the United States in exchange for investing in a U.S. business. The EB-5 program was created by Congress in 1990 as a way to stimulate economic growth and create jobs in the U.S.
How Does the EB-5 Visa Program Work?
The EB-5 visa program works by allowing foreign investors to invest in a U.S. business, known as a “Regional Center.” These Regional Centers are typically located in areas of high unemployment or rural areas, and are designed to promote economic development in those areas.
To qualify for an EB-5 visa, a foreign investor must invest a minimum of $1.8 million (or $900,000 if the investment is made in a targeted employment area) in a U.S. business. In return, the investor and their immediate family members (spouse and unmarried children under 21) will be eligible to apply for permanent residency in the United States.
How Do I Find a Regional Center to Invest In?
There are over 800 Regional Centers located throughout the United States, and they cover a wide range of industries, including real estate development, hotel management, and renewable energy.
To find a Regional Center to invest in, you can search the U.S. Citizenship and Immigration Services (USCIS) website for a list of approved Regional Centers. You can also consult with an immigration attorney or EB-5 investment advisor, who can help you find a suitable Regional Center that aligns with your investment goals and risk tolerance.
What Are the Benefits of an EB-5 Visa?
The EB-5 visa program offers several benefits to foreign investors, including:
- The ability to live and work permanently in the United States
- The ability to travel in and out of the United States without restriction
- The ability to apply for U.S. citizenship after five years of permanent residency
- The ability to include immediate family members in the visa application
- The ability to invest in a wide range of industries and businesses
What Are the Risks of an EB-5 Visa?
As with any investment, there are risks associated with the EB-5 visa program. Some of the risks include:
- The risk of losing your investment if the business fails
- The risk of delays or denials in the visa application process
- The risk of fraud or mismanagement by the Regional Center
- The risk of changes to U.S. immigration laws or regulations
How Can I Minimize the Risks of an EB-5 Visa?
To minimize the risks of an EB-5 visa, it’s important to do your due diligence before making an investment. This means researching the Regional Center, the business, and the industry thoroughly. It’s also important to consult with an immigration attorney or EB-5 investment advisor, who can help you understand the risks and benefits of the program and guide you through the visa application process.
The EB-5 Investor Program, also known as the Immigrant Investor Program, is a United States visa category created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program provides a method for eligible foreign individuals to become lawful permanent residents (green card holders) by investing in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs for U.S. workers.
What is an EB-5 Visa?
An EB-5 visa is a type of visa that allows foreign nationals to enter the United States to invest in a new commercial enterprise. The investment must be substantial and create at least 10 full-time jobs for U.S. workers in order to qualify for this visa. Once the investment is made, the foreign national will be able to apply for a green card, which will grant them permanent resident status in the United States.
What are the EB-5 Visa requirements?
To qualify for an EB-5 visa, foreign nationals must meet the following requirements:
- Invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs for U.S. workers
- Invest either $1,800,000 or $900,000 (depending on the location of the enterprise)
- Prove that the investment funds were obtained through lawful means
- Pass a background check
- Meet certain health and character requirements
What are the accepted forms of investment?
Accepted forms of investment for the EB-5 visa include cash, equipment, inventory, tangible property, cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.
What is the required minimum investment?
The required minimum investment for the EB-5 visa is $1,800,000 for investments in a new commercial enterprise located in a targeted employment area (TEA) and $900,000 for investments in a new commercial enterprise located outside of a TEA.
What is the application process for the EB-5 Visa?
The application process for the EB-5 visa includes the following steps:
- File Form I-526 (Immigrant Petition by Alien Entrepreneur)
- Wait for the petition to be approved
- File for consular processing or adjustment of status (depending on the foreign national’s location)
- Attend an interview (if required)
- Wait for a decision on the application
What is Form I-526 (Immigrant Petition by Alien Entrepreneur)?
Form I-526 is the form that must be filed by foreign nationals seeking to invest in a new commercial enterprise in order to qualify for an EB-5 visa. The form must be filed with U.S. Citizenship and Immigration Services (USCIS) and must be accompanied by all required supporting documentation.
How to apply for a EB-5 visa from outside the United States?
Foreign nationals who are outside of the United States can apply for an EB-5 visa through consular processing. This process includes the following steps:
- File Form I-526 (Immigrant Petition by Alien Entrepreneur)
- Wait for the petition to be approved
- Attend an interview at a U.S. consulate or embassy
- Wait for a decision on the application
How to Apply for an EB-5 Visa Within the United States?
Applying for an EB-5 visa within the United States is a bit different than applying for one from outside the country. In order to apply for an EB-5 visa within the United States, you must first be in lawful status in the country. This means that you must be in the United States on a valid visa, or have some other form of legal status that allows you to remain in the country.
Once you have established that you are in lawful status in the United States, you can then begin the process of applying for an EB-5 visa. This process typically begins with the submission of Form I-526, the Immigrant Petition by Alien Entrepreneur. This form is used to establish that you meet the requirements for the EB-5 visa and that you have invested in a qualifying business.
Once your Form I-526 is approved, you will then need to file Form I-485, the Application to Register Permanent Residence or Adjust Status. This form is used to establish that you are eligible to receive a green card and become a permanent resident of the United States.
As you can see, applying for an EB-5 visa within the United States can be a complex process that requires the submission of multiple forms and the gathering of various documents. It’s important to consult with a lawyer experienced in EB-5 visa process to guide you through the process.
What is Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)?
Form I-829 is a document that is used by investors who have received conditional permanent resident status through the EB-5 visa program. This form must be filed within 90 days before the second anniversary of the investor receiving conditional permanent resident status.
The purpose of Form I-829 is to remove the conditions on the investor’s permanent resident status. This form must be filed in order for the investor to retain their permanent resident status.
In this form, the investor must prove that the conditions on their permanent resident status have been met. This includes demonstrating that the required investment has been made, that the required number of jobs have been created, and that the business is in a good financial condition.
What documents are needed for the EB-5 Visa?
The specific documents required for the EB-5 visa will depend on the individual investor and their unique situation. However, some common documents that are typically required include:
- Passport
- Birth certificate
- Marriage certificate (if applicable)
- Divorce decrees (if applicable)
- Police certificates
- Medical examination results
- Evidence of investment
- Evidence of job creation
It’s important to note that the EB-5 visa process can be quite complex and the documents required may vary depending on the individual case. It’s best to consult with a lawyer experienced in EB-5 visa process to guide you through the process.
How to prepare for the EB-5 Visa Interview?
The EB-5 visa interview is an important step in the process of obtaining a green card through the EB-5 program. The purpose of the interview is to provide the U.S. Citizenship and Immigration Services (USCIS) with an opportunity to ask the investor questions about their application and to verify their identity.
In order to prepare for the EB-5 visa interview, it is important to review all of the documents that have been submitted with the application and to be familiar with the details of the investment. It is also important to practice answering potential questions that may be asked during the interview.
EB-5 Visa Fees
The EB-5 visa, also known as the Investor Visa, is a program that allows foreign investors to gain permanent residency in the United States by investing in a new commercial enterprise. The fees for this type of visa can vary depending on the specific circumstances of the investment.
The main fee associated with the EB-5 visa is the I-526 Petition fee, which is currently set at $3,675. This fee is required to be paid when the investor submits their petition to the United States Citizenship and Immigration Services (USCIS).
Additionally, there is a fee for the I-485 Application for Adjustment of Status, which is currently set at $1,130. This fee is required to be paid when the investor applies to have their status adjusted to that of a permanent resident.
Finally, there is an I-829 Petition fee, currently set at $3,750, which must be paid if an EB-5 Investor wants to remove the conditions on their permanent residency.
EB-5 Visa Processing Time
The processing time for an EB-5 visa can vary depending on the specific circumstances of the case. Currently, the processing time for an I-526 petition is approximately 12-18 months. After that, the processing time for an I-485 application for adjustment of status is approximately 6-12 months.
It’s important to note that these processing times are estimates, and may change based on the volume of petitions received by the USCIS.
What happens if my EB-5 Visa is denied?
If an EB-5 visa application is denied, it can be a difficult and disappointing situation for the investor. However, there are several options available for those whose visa is denied.
One option is to file an appeal with the Board of Immigration Appeals (BIA). This process allows the investor to present new evidence and argue their case before a higher authority.
Another option is to file a Motion to Reopen or Reconsider with the USCIS. This process allows the investor to present new evidence and argue that the initial decision was incorrect.
Finally, the investor can also file a new petition with the USCIS. This option is typically chosen if the investor believes that the initial denial was based on a technical error or if the investor has new information that they did not have at the time of the initial petition.
It is always best to consult with an experienced immigration attorney to discuss your options and determine the best course of action in the event of a denied EB-5 visa application.
An O1 visa is an employer-sponsored visa issued to individuals with extraordinary talents in the fields of science, education, athletics, business, or the arts. The United States Citizenship and Immigration Services (USCIS) grants unique O1 visas to non-U.S. citizens who demonstrate extraordinary and known abilities in their field of expertise to enter and temporarily remain in the U.S. This special visa allows these individuals to work within the U.S. and be compensated accordingly.
The application process for an O1 visa requires the applicant to furnish relevant evidence to the USCIS based on their area of expertise. For example, for those in the sciences, evidence could include scholarly articles or a portfolio of research works; for athletes and professional entertainers, evidence of awards, recognition, or extensive involvement in the profession; and for business executives, evidence of an impressive record of achievement. Furthermore, the USCIS requires an employer to prove that the applicant is coming to the U.S. to work in the same field in which they have displayed the extraordinary skills.
In addition to these requirements, the individual must not have any serious medical or criminal record to be eligible for the visa, nor undermine public safety while in the country. The O1 visa is initially granted for a three-year period but can be extended to continue the employment beyond that period. Furthermore, the visa applicant can petition to bring family members and advisers/assistants to the U.S. to stay and work during the duration of the visa.
An O1 visa is a valuable asset for foreign nationals who possess unique expertise and are looking to enter and work in the United States. The strict evaluation criteria by the USCIS is a testament to the United States’ resolve to accept only the brightest and most talented individuals who meet these criteria. The O1 visa is a great opportunity to allow foreign nationals to showcase their extraordinary talents and make positive contributions to the U.S.
A writ of mandamus is an extraordinary legal remedy available through the court system which orders a public body or governmental agency to fulfill a mandatory duty or correct an abuse of discretion. In the United States, state constitutions and statutes sometimes grant citizens the right to petition for a writ of mandamus.
At its core, a writ of mandamus is a command from a court that compels a government body or official to obey the law. The order is issued by a higher court to an inferior tribunal, corporation, or public authority ordering it to perform certain duties. Generally, the writ of mandamus may be used to ensure that an agency or official follows the law and carries out their official duties properly.
In the United States, petitions for writ of mandamus can be filed by individuals or entities in state or federal courts. Generally, courts require that the petitioner show that the agency or individual has failed to perform a mandatory and nondiscretionary duty. Additionally, the petitioner must have no other adequate remedy at law and have a legally enforceable right to the order being sought.
In some cases, courts may grant broad, general writs of mandamus that compel a government to act on a policy matter. A court may also grant a more specific writ to correct a particular instance of abuse of discretion. In such cases, the court’s order may direct the official or entity to take a prescribed action or to refrain from doing a certain act.
A writ of mandamus is a powerful legal tool and a last resort for those seeking to enforce their rights or compel an official or governmental body to properly perform its duties. As with any legal action, petitioners should explore all other available remedies and consult a qualified attorney prior to filing for a writ of mandamus.
You must first ask yourself the following questions and depending on your answers, develop a strategy to get a job and work visa after your graduate and your work visa expires.
- When are you graduating?
- What industry do you want to work in? Is it a competitive field?
- Can you afford to spend several months to a year or longer without a job after you graduate in general?
- If you’re on an international visa, can you secure a job before your 60 day grace period expires and you have to leave the country?
- How long would the relevant work visa petition take to get approved?
- Are you willing to return to your home country while you continue the job search and have an employer sponsor you for a work visa?
Begin the Search At Least A Year Before You Graduate
You should not wait until the last minute to come up with a plan on securing a job. The ideal is to get a job offer at least a year before you graduate. Very few people will secure a job as soon as they begin applying. For the average student, it takes several months to secure a job. Why? An offer of employment is usually a meeting of the employer’s job needs in an employee’s qualifications and an employee’s desired work experience. Not every job is a good fit for you and you may not be a good fit for every job you apply to. This is important to remember in first securing the job. Additionally, you must always keep in the back of your mind that as an international student, you must also 1) find an employer willing to sponsor you for a work visa, and 2) most work visas will take at least several months to a year to get approved, and 3) if the visa petition for some reason does not get approved, you must have enough time to implement a back-up plan before your student visa expires. Therefore, you should begin looking for a job as soon as possible, and seek to get a job offer at least a year before you graduate.
What if You Cannot Secure a Job A Year in Advance
If you are not able to get a job offer at least a year before you graduate, do not despair. Work visa petitions, such as an H-1B or O-Visa, have the option of premium processing, with an expedited fee, to get a decision in 15 days. However, keep in mind, you, your employer, and an attorney, if you are working with one, will take on average a month to start the visa conversation and complete the application before you can submit it, and request the 15 day decision. Therefore, you must aim to get a job offer and start the work visa process at least a few months before your student visa expires.
Of course, if you are open to returning to your home country while you undergo the job search, apply for a work visa, and can afford going some time without a job, then there may be less urgency in your job search. However, if you would like to continue staying in the U.S. and have a visa petition approved before you graduate or before the grace period on your visa expires, begin the job search at least a year before you graduate.
Last July, a swarm of high-profile guests — including Revlon Chairman Ron Perelman and former Secretary of State Henry Kissinger — gathered to celebrate the launch of a summer tour to China by the National Youth Orchestra of the U.S.
Among the high-powered attendees who were invited by China’s New York Consulate General Zhang Qiyue was Linda Mei He. Dressed in a nearly floor-length black gown, Mei He, who along with Carnegie Hall was a major sponsor of the tour, later issued a news release raving about the young musicians and the importance of promoting cultural exchanges between the U.S. and China.
But her involvement in the event was clearly not just about the classical music — it was also a hugely important business-networking tool.
Mei He’s Beijing-based Wailian Overseas Consulting Group, and the hundreds of other so-called “migration agents” that woo investors on the ground in China have been among the biggest profiteers from the EB-5 immigration program. That’s thanks to the massive fees these migration agents charge developers and the regional centers hired to market projects to Chinese nationals. The consultancies can make up to $200,000 on every investor — each of whom is required to contribute a minimum of $500,000 to a project. On a $100 million capital raise, that amounts to a massive $40 million.
But there’s a reason developers and regional centers hire them: They are the gatekeepers, with access to thousands of investors looking to plunk down their cash and get a visa.
For her part, Mei He, who didn’t respond to a request for comment, has marketed investments for major New York City developers such as the Related Companies, Forest City Ratner and Silverstein Properties. And in China, where migration agencies are as common as Duane Reade drug stores are in Manhattan — there are a total of nearly 800 firms in China helping citizens through the emigration process —Wailian is a market leader.
Yet while migration agents have become a key component for getting money from China to New York development projects, sources say they’re also vulnerable to corruption and are largely responsible for EB-5’s bad rap.
That’s because unlike accredited “broker-dealers” in the U.S. — who can also raise EB-5 money but don’t have the same deep connections in China — they fall outside the jurisdiction of the U.S. Securities and Exchange Commission. As a result, the operations of these firms (which are licensed by the Chinese government) are viewed by many as EB-5’s “wild, wild west.”
Some EB-5 insiders say in their thirst for commissions, migration agents sometimes misrepresent projects, making them seem more attractive or less risky than they actually are.
“The problem is now you have agents saying whatever they want to say to try to sell the product to the investors and there are a lot of miscommunications — or what the securities industry would consider fraud,” said Kurt Reuss, an accredited Toronto-based EB-5 broker dealer who has worked with a number of regional centers.
Lost in translation
Until 2008, many migration agents were true immigration centers, simply helping Chinese emigrants get their papers in order for simple visa applications to visit the U.S. or other countries.
Linda Mei He
But as the popularity of the EB-5 program has skyrocketed, these centers became cash cows — bankrolled by U.S. developers hungry for capital. The employees at these migration firms soon began taking on the role of securities dealers, marketing U.S. real estate projects to investors in China in exchange for hefty fees from regional centers.
And some of them have connections to state-owned enterprises, meaning the Chinese government may also be benefitting from the exorbitant fees.
One concern is the question of who should be held responsible if a migration agent embellishes the financial upside of a project.
Some migration agencies, such as Beijing-based Henry Global have already come under fire for misrepresenting projects. In 2012, the agency was accused of purposefully sullying the reputation of a South Dakota-based project after it got into a fee dispute with the regional center representing it. A lawsuit against the agency was eventually dismissed.
The potential for overpromising is great as well. Reuss believes developers and regional centers will eventually be held accountable for inaccurate information — even if they deny knowing exactly how the migration agent peddled it. “If [a migration agent is] taking on the role of marketing your offering, and you benefitted from it, how can you not be held accountable?” he said.
Given how many migration agents exist in China, however, enforcement is far from simple.
“There’s nearly an agency on every corner in China,” said Nuri Katz of Apex Capital, a migration agent based in the West Indies island of Antigua who’s dealt with EB-5 investors from all over the world, including China. “Some of them are pop-ups, and some are bigger franchises. Some of them are doing it properly [but] half of them are not.”
While these agents have to be licensed by Chinese authorities, the barrier for entry is extremely low. In addition, while the agents are free to show off the projects to potential investors at conferences and events in China, they cannot solicit investments on American soil.
Nicholas Mastroianni, president and CEO of the US Immigration Fund — the mega regional center that’s raised funds for Michael Shvo’s 125 Greenwich as well as a slew of other big projects — said the majority of migration agents, outside of a few well-qualified firms, are hiring staffers with zero experience in finance or real estate.
“If you’re at the top of the pyramid, it’s a business,” said Mastroianni, whose website boasts that it has partnerships and promotion agreements with 14 of the top 20 immigration firms in Southern China, including Wailian. “If you’re at the bottom, it’s like everyone is a real estate agent; everyone sells immigration. It’s the mother with an 18-year-old kid who wants a second job.”
Mike Xenick, president and CEO of Invest America Capital Advisors, an accredited broker-dealer based in Tampa, called some of the smaller agencies “glorified travel agents.”
And not all investors are savvy to how migration agents operate.
For instance, investors may not even be aware that the agents they’re dealing with are being paid substantial commissions by regional centers and may instead treat them as impartial advisors. Inexperienced investors can be blinded by the pizazz of agents’ showy presentations, which are often hosted in five-star Beijing hotels.
Indeed, when Wailian presented Forest City’s Barclays Center project to potential EB-5 investors in 2010, it did so in a spectacular fashion during an investor extravaganza in Beijing. The marketing materials emphasized the Nets stars, set to play at the new arena, rather than the financial breakdown of the project.
Still, it’s easy to see why investors trust the advice of agents such as Mei He, whose company has an exclusive agreement with one of the top Chinese property websites, Juwai.com, China’s equivalent of Zillow, that allows it to market its EB-5 projects.
With 300 employees worldwide and deep connections to U.S. institutions, Mei He is considered an expert in helping wealthy Chinese families secure visas and even in getting their kids into American Ivy League schools. Those connections in the U.S. are strengthened by charitable giving. She has made six-figure donations to nonprofit organizations, including the Eisenhower Foundation for youth development in American inner cities.
Attending an event with the likes of Kissinger and Perelman also gives her a major boost in the eyes of investors.
“Being able to say, ‘I’m friends with this person’ or ‘I know that person’ is gold in China,” said Apex Capital’s Katz. “Seeing you with a Henry Kissinger is a huge deal. To the Chinese, the more influence you have with government, the better off you are.”
The cost of exposure
As competition has ramped up, the fees charged by migration agents have increased substantially over the past couple of years.
Sources told The Real Deal that top migration agents are typically paid by the regional center (or developer), drawing an upfront fee of $50,000 to $75,000 per $500,000 investment they bring in, plus a 3 percent to 8 percent share of the interest over the term of the loan.
By the end of a five-year loan term, some of the highest-paid agents will have raked in close to $200,000 per single investor. That’s double the amount they got paid even two years ago, sources said.
The increasing costs of hiring migration agents also means it’s often financially impractical for regional centers to hire both migration agents and accredited broker-dealers, who can ensure that a project’s marketing complies with U.S. securities regulations.
Sources say the jumping costs are not justified.
“Their job is not that difficult,” said Min Chan, an immigration lawyer with Manhattan-based brokerage City Connections, which also operates a regional center. “They’re shuffling paper, and they’re getting paid a lot of money for it.”
And those fees are increasingly squeezing regional centers. “They’re greedy. They’re very greedy,” said Mastroianni.
In order to keep their costs down, and keep competitors at bay, some regional centers have been secretive about which agents have delivered for them.
Asked which agents her regional center has worked with, Jacqueline Finkelstein-LeBow of the American Immigration Group said it was “proprietary.”
She continued, “I don’t want to give a roadmap of what we’re doing in China. You don’t even want to tell the developers who you’re working with. They think they can do it themselves and they’ll run to China and talk to the same agents.”
If your spouse is a US Citizen or Green Card Holder, they can petition for you. A U.S. Citizen or Green Card Holder parent also petitioned for you. Additionally, if you happen to have a U.S. Citizen child over the age of 21, they can petition for you.
Green Card Based Options: EB-1, EB-2, and EB-3
You can apply for a Green Card through a Green Card based work visa.
EB-1 – You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.
EB-2 – You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has an exceptional ability
EB-3 – You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other workers.
