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Joseph Whalen

716-604-4233 or 716-768-6506

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238 Ontario St., #6; Buffalo, New York 14207; United States

Practice Areas: EB-5 Project Research, Due Diligence & Analysis, Business Plan Development, Business Valuation, Immigration Consulting , Due Diligence, Business Strategy
Languages spoken: English
States: not present

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Joseph Whalen Questions & Answers

What happens if my I-829 is denied? Must I leave the US immediately?
What is a Regional Center?
Can the minimum investment amount ($500,000) ever be increased?
Can I appeal an I-829 denial to USCIS?
Can a member of the Communist Party still make a Regional Center investment?
Can my Regional Center take advantage of indirect job creation by my project outside my area of geographic scope?
How will USCIS adjudicate I-829 petitions that seek to utilize indirect job creation outside the Regional Center's area of geographic scope?
What are some reasons for rejection of an EB-5 visa application?
What issues cause the most problems when applying for an EB-5 visa?
What is an “at risk” direct investment?
Regarding to the source of fund, if I have a total income of 0.9 million US dollar for last 10 years, provided the supporting documentation is available,is it acceptable to USCIS that I am capable to make a half million investment through EB-5 pilot program? what if my total income for the last 5 years is 0.7 million dollars?
If I was denied another U.S. visa, can I still apply for EB-5?
Can I apply for an Eb-5 visa if I am currently out-of-status (i.e., I live in the United States, but do not have a current visa)?
If a member of my family or I are already in the U.S. on another visa, do I have to return to my home country in order to obtain an EB-5 visa or permanent residence?
When will my visa become permanent?
I want to do due diligence on the Regional Centers before making a decision to invest. This would include visits to the facilities and the management staff in the United States. How do I get a visa to enter the USA for these inspections? I live in Vietnam.
Why does the Regional Center require fees from investors above the required amount of investment? Are they just ripping me off?
When was the EB-5 program established?
What is form I-924?
If I invest through a Regional Center, does that mean I only have to invest $500,000?
Is an interview required at the I-829 stage?
How should I focus my Regional Center search? Should I only consider Regional Center's that have approved I-829's?
What is the process to become a designated Regional Center?
Who should consider an EB-5?
Is EB-5 a truly passive investment?
What is the premium processing fee for EB-5 petitions?
Can I travel during the Eb-5 process?
What is involved in an annual Regional Center compliance report?
Can I purchase third-party insurance to guarantee my EB-5 investment?
What is the minimum required amount of capital to be invested in order to apply for an EB5 visa?
did most of the investors in the past receive back most of their initial capital?
Are all the English and non-English documents submitted for the application for I-526 need to be notarized? What kind of notarization do we need (ie. notarized by US Consulate, Chinese Embassy or solicitor)?
Can an I-924 Regional Center DENIAL be appealed? How hard is it? Is it worth it?
Can the investment amount be raised through angel investors or venture capitalists who are ready to back the petitioner?
Is a bank loan of US$500,000 acceptable as investment funds? If so, must the investor provide evidence or explanation regarding the loan?
Upon receipt of Conditional Green Card: 1. Can the investor, spouse and children work and study in US? 2. How long do they have to stay in US every year? 3. Can their stays in US accumulated (ie. accumulated from 2 or 3 trips every year) or do they have to be a continuous stay (ie. stay continuously for 6 months)?
If I invest $500,000 for the EB-5 project, do I still need to show that I have a net worth in excess of $1,000,000?
What is the definition of "children under the age of 21"? Is the children eligible if he or she is 21 yrs & one day old (ie. one day after his or her 21st birthday).
If the investor died: 1. While holding a Conditional Green Card, what will be the outcome? Can his spouse replace the investor's position? Can the spouse and children continue to hold the Conditional Green Card and file the I-829 application? 2. While holding a Unconditional Green Card, what will be the outcome?
For the "regular" EB-5 program (not the regional center route), must the investment be in a new business? Or do certain categories of existing businesses qualify?
How am I supposed to "invest" funds in a regional center if I am not in the US, and have no US bank accounts?
If an RC considered for 20 investors, absorbs sufficient investors in say 1st year, unable to have planned desirable start, it may happen early investors (whose clocks start ticking once entered US soil after getting I-526) fail in I-829 stage in 2 years due to lack of enough created jobs, while those who join later benefit from developed momentum and succeed in I-829. Is there any precautions? Can a specific project have mixed results when it comes to I-829 applications?
When an EB-5 investor's money provides some of the funds for a business, does the EB-5 investors get credit for all the jobs saved or created?
If the I-829 is denied, will the client be refunded $500,000 and admin & legal fees? If so, when will the client receive the refund (ie. instantly, 1 year, 2 years etc?
How do I know which Regional Center to invest in to get my Green Card?
If the money invested incurs a loss during the conditional period, will the EB5 be cancelled and we be sent back home?
Can our parents join us on the EB5 visa or can we sponsor them for a green card during the conditional period of two years?
What is the Administration Fee in EB-5 process that is before fund $500,000 ?and how much is the Administration Fee ?
We are preparing for petition for eb5 immigration. In the meantime, we hope to apply for a F1 visa for my child to go to America. It is my understanding f1 visa is non-immigration visa and it would be objected if we have apply for eb5 visa. When is the good timing for applying both visa? would F1 visa cause problams when interview for eb5 visa and adjustment for the status from f1 to greencard. Thank you for your answer in advance.
If we form a management LLP & applicants invest in this LLP and through the LLP purchase Apartment communities and directly employ 10 full time personnel per EB-5 applicant will that be acceptable form of job creation to USCIS or are they changing that also.
If the child under age 21 is already in the U.S. on F1 visa, does he have to return to home country in order to obtain an EB-5 visa or permanent residency with other members of family? Can he travel abroad during the EB-5 process?
I have a school investment project that I would like to make into an EB5 project to attract foreign investors. Who should I contact other than the regional centers? Also, which regional center should I select for this school? The school is located in New York State. But there are quite several regional centers to choose from. Thanks.
If I have applied for EB-5 visa, ca my child apply for B1 visa?
According to the definition of "A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month." When is business considered opened? is it the time an enterprise was incorporated? or when the enterprise paid the first month's rent? or it is no considered opened for business till you have payroll and sell products? In my case the business was incorporated in Aug 2009. Planning and permits took till end of May 2010. First rent was paid in June but the business was open in July 2010. What date will I be able to use to determine the if the business has been in existence for two years?
My parents are moving to the US under the eb5 visa, after they employ 10 full time employees, will they be able to sponser me and my husband to work at their business on top of the other 10? So they would employ 10 american citizens, and 2 forigners. If not how would we be able to go and work for them, legally? For the purpose of running this business we need to be there to help them operate it.
I and my wife and one of my children got B1 visa once some-years ago and we came back to our country Iran . Now i am investing on EB-5 project. but my child wants to go to USA during the process (waiting time) of EB-5 How is his chance to get another visa like B1 during the process of EB-5 ? or is there any special visa for persons who invest on EB-5 and they want to go to USA earlier ? And if i could not get that visa (reject) from embassy ,does it change the EB-5 process ?
After obtaining the Conditional Green Card, must the family (husband, wife and children) stay permanently in US? If not, what is the minimum stay for them in the US?
I am business owner in the US wanting to expand my business with EB-5 capital. I have a medical supply company that sells a wide variety of supplies and equipment. However, I have an investor that wants to create a new company that will specialize in selling massage equipment and supplies, which my company currently does. I want to eliminate the massage supplies and equipment division in my company so my friend can create his own business for EB5. We hope that creating a new business for these specific products will generate more revenue and profits. The two companies will be separate but affiliated with one another. When eliminating the massage supplies division in my company, can my friend use my fired employees from that department and hire them for his company and it be counted as part of the job creation requirement? These employees are currently under as 1099 and the new company will bring them on as W-2's. Thanks, your advice is greatly appreciated.
After obtaining the immigration visa, when do I receive the Conditional Green Card? Do I receive it at the Immigration Center at the airport when I land in US?
If I purchase a large apartment community and employ 10 people to run the property under direct EB-5 program, would I qualify for the EB-5 Visa.
Can I check on an EB 5 project as to the number of I-526 applications are in play , and/or how many I-829 are in play to evaluate the progress/lack of progress the project is making?
Hi there, Can we give birth to a child during our CPR?what would happen to us if the I829 is denied？Your response will be highly appreciated.
If the I-526 is denied, what will happen to the administrative fees and legal fees charged by the Regional Center? Will the investors get the fees back?
What are the agency fees that Regional Centers charge? Does the minimum 1 million investment change depending on the projects? Which is to say, the minimum requirement might be higher for some projects? Thanks a lot.
I want to invest in a troubled business. I know that in a troubled business an investor is supposed to maintain the number of employees that the business had before the investment was made. If I maintain the number of employees but replace them with my own employees (all of who can legally work in the US), am I in violation of the EB-5 program for troubled businesses? The relevant regulation (8 CFR 204.6(j)(4)(ii)) does not give me clear guidance on this issue. Thank you very much for your help.
Is there any issue for EB-5 purposes if one has a company that is incorporated in Florida, but is doing business only in Pennsylvania? I do not want to incorporate in Pennsylvania. Is there any problem with the EB-5 program if I choose not to do so?
For troubled businesses, and counting existing employees, can the new commercial enterprise keep the same number of positions, but replace some of the existing employees with others?
I applied for eb5 visa since 8 month and till now no answer and I want to withdraw can I do that or not . I applied for reginal centre.
The EB-5 project I invested in failed. No jobs will be created and I lost all of the administrative fees. My child is turning 21 soon, will my I-526 petition under the failed project be denied by USCIS? Is it possible that USCIS allows me to maintain my priority date while I transfer my case to another viable EB-5 project without resubmitting the I-526 again? Are there precedent cases governing transferring a case from a failed project to the viable one without re-filing? I do not want to pay another filing fee and legal fee when my source of funds petition is essentially the same. Do I have to withdraw my petition from the failed project and resubmit another I-526 petition under the new EB-5 project? If so, how can I still include my child as derivative under my application?
I am intending on submitting a direct EB-5 project. My attorney informed me that a PPM is required to meet the SEC exemption requirement. However, I am not offering to sell securities to any other foreign investors. I am the business owner and the only investor in my project. Do I still need to submit the private placement memo and claim exemption with the SEC?
How long will it take to get an EB-5 if I have a B1/B2 visa?
How can I get EB-5 investors to invest in my current ongoing business?
Can I operate a Regional Center abroad?
How are full time equivalent positions counted by USCIS in an EB-5 visa?
How do I find a law firm for an H-1B visa? I am applying for a green card through the EB-5 Visa Program, and my son is about to graduate with an engineering degree from Saudi Arabia. He is over 21 years old, and I would like him to apply for a H1B visa instead of doing a second EB-5 Visa separately from my own.
What determines where you can live with an EB-5 visa?
What are the benefits of EB-5 escrow capital? ,Should we devote all my funds in the escrow account at one time? Or by installment?
What tuition will my child pay as an EB-5 dependent? Do children of EB-5 holder can apply to any other state university other than their residence state? What will be the tuition fee? Whether he will be considered normal US citizen/student or as International student? Do he need to pay out-state tuition fee, and also provide other eligibility details
How can I transition from EB2 to EB5?
How much does the IRS tax EB-5 investments?
What qualifies as a new business in EB-5?
What do I need to qualify my business for EB-5?
How can I set up a bank account to receive EB-5 funds? I will be frequently visiting the US but don't wish to be a permanent resident. I don't intent to be a permanent immigrant of USA as my projects are outside of USA.
How do you structure a gift of EB-5 funds?
How can a loan be used to supplement my EB-5 capital investment?
Should I have the same attorney for all EB-5 applications?
What will happen if the EB-5 project that I invested in fails?
I have a Regional Center in Florida. Can I sell it?
Can you switch from E-2 visa to EB-5?
What immigration actions could bar me from obtaining EB-5?
When can I move to the U.S. during the EB-5 process?
I had heard in a seminar that the investment funds of $500,000 for EB5 will be increased to $750,000 in September 2013. Is it true?
I intend to apply for EB-5 visa at Jan. 2014 and I have now B1-B2 visa valid until 2017. Can I enter USA (several times) at any time after I submit for I-526 using my B1-B2 valid visa until the approval of I-526 (I know it may take 6-12 months)?
What other roles (apart from filing I-526, I-485/CP, and I-829) can an immigration attorney play in order to help investor fulfills his goals?
I am interested in finding a location to open a business for a direct EB-5 investment and I would like to do it in a TEA so my investment can be lower. How do I find out where the TEA's are in a given state? Is it public record or is that something I need to calculate myself?
I'm currently on F-1 visa in United States and pursuing my Masters in Chemical engineering. I would like to obtain the green card through EB-5 investment. My dad is willing to spend the required amount of money in United States. My question would be that what is the procedure for investing the money, I mean how much money we can wire or if there is a way to invest in a certain business. Also does it matter what is the source of money that is being invested? If yes, then what are the good options to transfer that money? Apart from that would I still be able to get my green card if I invest my money with a foreign national in US who already has a green card (In Partnership but I will invest the required amount) ? Or do I have to invest the money separately and alone? Any help would be appreciated.
How do investments in franchises usually work for places like: Dunkin Donuts, Panera, McDonalds or a Gas Station such as: Exxon or BP Gas?
I'm in the process of launching 2 companies and have an existing business. I was wondering what would be required of me as a business owner in order to complete the process with an EB-5 investor? Do I need a business plan? Financials? etc.
I have been arranging construction loans in California for 35 years. Because of changes in real estate market I have high demand for constructions loans. Those are private loans secured by real estate and arranged by licensed California broker (also called "Hard Money Loans"). Loan amounts range between $1,000,000- $20,000,000. The loans are typically for 18-60 months. The loans creates new jobs. I estimate that for each $1 million invested, about 20 new job positions are being created, it can be documented. The return on investment is 5%-11% depending on the project and it fairly very secured. Could these investment opportunities qualify as a viable project for an immigrant investor and if so, is it likely that investors would be interested in such a business plan?
How can I petition for my husband at a later time? Can I add only my children initially and then later when my husband can come I petition for him? If so, at what stage can I do this after the the conditional status is removed or before it is? And how long would such a petition take?
How can I split my $1 million investment between land purchase and working costs? I am planning to be an EB-5 investor (direct investment) and would like to invest $1 million for a residential home development. What problems, if any, will I run into if I want to use $600,000 to purchase the land and $400,000 to cover working capital (salaries for 10 workers, materials, outsourcing suppliers, etc.)? At the end of two years, what do the EB-5 requirements say I must do with any profits exceeding my initial $1 million investment?
Can i check my Visa status online? I was notified conditioning green card have been approved but still have not received the actual green card. Is there any ways I can check the status? Thanks alot!
My I-526 petition is denied, and I asked RC to return my investment according to our subscription agreement, but they are making excuses and delay refund. I believe they are using my funds in their business and have financial difficulty in returning them. What legal resorts are common in pushing them? Reporting to USCIS, SEC, or shall I file a suit against them in court?
I obtained a green card under EB5 scheme on 30th January 2015. So, the green card will expire on 30th January 2017 and I need to apply for removal of conditions during the quarter starting October 2016. I and my wife got the green card under consular process, while my son who was in USA already under a F1 visa applied for Adjustment of Status. As is wont to happen with AOS applications, there were quite a few unnecessary queries and USCIS adjusted his status and issued his green card only on 1st October 2015 (card expiring on 10-01-2017). Since he is a derivative applicant , should we submit I 829 applications for all three of us in October 2016 or should only I and my wife apply in October 2016 while my son will have to apply separately in July 2017? If latter is the case, how do we show conditions removal for him, given that the jobs would have to be created as per my green card expiry date and not his?
I obtained a green card under EB5 scheme on 30th January 2015. So, the green card will expire on 30th January 2017 and I need to apply for removal of conditions during the quarter starting October 2016. I and my wife got the green card under consular process, while my son who was in USA already under a F1 visa applied for Adjustment of Status. As is wont to happen with AOS applications, there were quite a few unnecessary queries and USCIS adjusted his status and issued his green card only on 1st October 2015 (card expiring on 10-01-2017). Since he is a derivative applicant , should we submit I 829 applications for all three of us in October 2016 or should only I and my wife apply in October 2016 while my son will have to apply separately in July 2017? If latter is the case, how do we show conditions removal for him, given that the jobs would have to be created as per my green card expiry date and not his?
I applied for an EB5 visa and I am outside of the country. My wife and kids are immigrating with me. I never received Invoices for my wife and kids to fill out their DS-260 what do I do?
I have applied for the Eb5, but the I529 approval is taking too long. Can I enter the US with my tourist visa and wait there with my family; and when approved the I529, perform and adjustment of status?
Is stand alone visas going to $800k ftom 500k?
How can I maintain H1-b while applying for Eb-5? I am currently working in the US with H1-b. What I'd like to do is to apply for Eb-5 and at the same time maintain H1-b status until I get the permanent green card through Eb-5. Given the long process of petition approval and the risk of I-829 being denied, I'd like to know is there a way to maintain H1-b until I get the permanent green card (not only the conditional one). My guess is this is impossible once the conditional green card is issued. Please confirm. Up until which time point will I lose H1-b during the Eb-5 process? Can I regain H1-b status if the Eb-5 process goes wrong later?
I am structuring a direct deal utilizing the EB-5 program. Can you clarify what is meant by money being at risk for 5 years. Does this five year period start from opening day of the business or does it start when I receive the money in escrow, then proceed into design, permitting and build out?
If the project is completed before I-892 form is filed, or even before the i-526is approved, will the jobs created be valid job creation?
If I receive $200,000 or 1 million dollars gift money from my uncle, can I reinvest those money into his company for EB5. His company was established in 1986 in US, and it's public trade company.
My has a B1/B2 visa: Can my wife do Adjustment of Status, while I do Consular?
Where can we live when immigrating through EB-5? I plan on bringing my family to the United States through the EB-5 program. I have found some regional center projects which look like good options, but we do not want to live anywhere near them. Is it required that we move to a specific location when immigrating through EB-5, like near the regional center project? Where are we allowed to live once we come to the United States?
How do investors become permanent residents if EB-5 is a visa program? Can someone explain how immigration through EB-5 works? Because it's called an EB-5 visa, and I know a visa only let's you stay in the United States temporarily. But the people who invest through the EB-5 visa program end up with permanent residency. So why do EB-5 visa holders get to be permanent residents?
How safe is an EB-5 investment? I am wondering how safe it is to make an EB-5 investment? I would not want to lose out on $500,000 if something went wrong in the project. Would my EB-5 investment be protected in any way? Would it be safer to make a direct investment over a regional center investment?

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