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Tel: +1(646) 757-2585
New York, NY
New York
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Edgar Melo Costa

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Edgar Melo Costa

Last Update: February 27, 2019 11:47 PM

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Why should you work with EMC as an EB5 Visa program Lender?

In recent years, there have been several instances involving the exploitation of the USCIS EB5 program[1] and the defrauding of foreign investors who have wanted to avail themselves of the opportunity this program provides them to invest in the United States and obtain green cards for themselves and their families. The negative publicity generated by this fraud and these schemes[2] has created concern on the part of foreign investors who risk more than simply money, they are also risking their dreams of obtaining a green card for themselves and their families. As a result, it is very important for EB5 Regional Centers to be vigilant regarding their involvement in this investment program. EMC & Company’s goal is to work with EB5 Regional Centers and Lenders to measure the success and reduce the liability and costs related to this program.[3] In addition to working with EB5 Regional Centers and Lenders, EMC & COMPANY can be a resource for EB5 fund borrowers. EMC & COMPANY can increase the knowledge and control borrowers have over funds received and projects undertaken as well as protect borrowers from allegations and inquiries made related to EB5 monies.  

Who pays for our Services?

It is the Borrower, not that EB5 Regional Center that would be paying for the services of EMC & COMPANY. A Regional Center is an economic unit, either public or private, within the United States that is involved with promoting economic growth and establishing the relationship between the investor lender and the borrower. As such, the Regional Center is simply involved in promoting the EB5 program and introducing EB5 investors to borrowers who would like to participate in the program. It is the borrowers who have a fiduciary duty regarding the use of the funds and who face scrutiny regarding the use of these funds. Unfortunately, it is easy for lenders to target borrowers and it has become quite common for borrowers to be faced by all types of inquiries and potential civil lawsuits regarding use of investor funds and the fiduciary duty that comes with investor related funds. In order to be able to protect themselves from these inquiries and potential lawsuits, EMC & COMPANY can provide borrowers with an independent forensic financial report that indicates the exact use of investors’ funds and the progress of a related project. This reporting will be accompanied by documentary evidence that can be utilized to answer any and all inquiries as well as for protecting the borrowers and the entire investment from civil litigation. Unfortunately, a civil lawsuit, whether it is with or without merit, can cost the borrowers a fortune in legal fees and can delay the investment for an unknown length of time.

In addition to inquiries and civil lawsuits, the USICIS has partnered with other US Federal Agencies such as the FBI, the SEC and DHS to investigate and address potential vulnerabilities within the EB5 visa program. [4] EMC & COMPANY can provide borrowers with independent forensic reporting and documentation to allow borrowers to protect themselves against these US Government agency inquiries, as well as protect them from the monetary costs associated with civil litigation, project delays and harmful reputation risk that results from public inquiries, accusations and lawsuits by investors.

EMC & COMPANY has collected a group of the most talented experts in their fields and not only through EMC & COMPANY’s methodology of forensic financial review, but also through review and subsequent consultation regarding the strategy and development of a related project, EMC & COMPANY will be able to increase the success rate of the projects that have availed themselves of EB5 investment funds. Our consultation, review and reporting, provided by former FBI, CIA, NSA, DEA, IRS and other top public and private sector entities, provides the USICIS with the confidence that projects have received and passed the highest levels of scrutiny and investigation. The core of our business is retaining talent from these government entities, consultants who have the experience, abilities, networks, resources and reputation that stands head and shoulders above others.

EMC & COMPANY are here to assist and proactively prevent fraud, exploitation and frivolous litigation that threatens the success of the EB5 Visa program. Please let me know if you require any additional or complementary information, which I would be happy to provide.


Tel:  +1(646) 757-2585

[3]https://www.uscis.gov/tools/resources-congress/testimonies-and-speeches/hearing-citizenship-sale-oversight-eb-5-investor-visa-program-senate-committee-judiciary-june-19-2018-uscis-director-l-francis-cissna“Unfortunately, USCIS presently lacks explicit statutory authority to terminate a regional center for criminal or security concerns. Under current regulations, USCIS may terminate a regional center’s designation if the center is no longer promoting economic growth or fails to submit required information to USCIS (on an annual basis, a cumulative basis and/or as otherwise requested)”

[4]"USCIS partners with other agencies, including the Federal Bureau of Investigation (FBI) and the U.S. Securities and Exchange Commission (SEC), and our DHS partners at U.S. Immigration and Customs Enforcement (ICE) / Homeland Security Investigations (HSI), to address program vulnerabilities. We are also aware of concerns that the program is only benefiting a few major metropolitan areas, and that EB-5 funding is not supporting the high unemployment and rural areas as Congress intended. The Government Accountability Office (GAO) issued reports on the EB-5 program in 2015 and 2016. The reports assessed fraud risks, as well as the validity and reliability of methodologies used to determine job creation and economic benefits. While highlighting the positive steps USCIS has taken to mitigate fraud and administer the EB-5 program, GAO made four recommendations in 2015 for USCIS to strengthen fraud prevention, detection, and mitigation capabilities within the program and to more accurately assess and report on program outcomes and the overall economic benefits of the program. DHS concurred with these recommendations, has implemented two and is working to implement the others."

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