As a group, immigration Agencies in China suffer from what
Immigration Daily calls “a notorious reputation.” Many
investors, most of whom do not speak English, have been
defrauded by unscrupulous Chinese businessmen. Some
businessmen have opened migration Agencies and have
misrepresented various and sundry details about the EB-5
process and individual EB-5 projects. This has already
damaged their credibility among the Chinese people.
Chinese law requires that every Agency be licensed by the
Bureau of Entry and Exit Administration under the Ministry of
Public Security. However, sorry to say, not all Agencies have
legitimate licenses. So, the best place to search for a reputable
Agency is not by contacting or visiting Agencies, it is by
contacting both the Chinese Ministry of Public Security and the
U.S. embassy in China. Consult the ministry for a list of dulylicensed
Agencies. Don’t accept a document from an Agency
that they claim is their license. People can create incredibly
realistic-looking documents thanks to digital technology. If you
have already begun a search by contacting Agencies directly,
you have already made a major mistake. Back away and start
over again.
After obtaining all the pertinent information regarding EB-5
Agencies from the Ministry, the next step is to visit the U.S.
embassy or consulate. The purpose of this visit is to ascertain
any issues that the U.S. government may have had with any
Agency, or, conversely, which ones have, to their knowledge,
operated ethically and legally, and have truly provided the
intended services to their clients without bilking or
defrauding anyone. Before accepting to market a given
project, an EB-5 Agency is supposed to use a given set criteria
to find the best business partner. In the same way, an EB-5
developer needs to have some specified set of criteria to help
him/her find a reliable EB-5 Agency.
Once you have begun the third step, actually making contact
with Agency heads, you will need to carefully observe their
interactions with you. Especially note their apparent level of
interest in your EB-5 projects. This is vastly different than
observing a glad-handed welcome. It is even different than
expressing their desire to see your presentation material.
There is a paradigm in American culture that paying a visit to
a potential client and leaving a brochure is a successful sales
call. All you have done is leave material that is an expense
against your company’s advertising budget. If this is the
extent of your visit with an Agency, you may have gained
nothing at all. You must expect to invest some time creating
a real relationship.
CAUTION: It has been the practice of some Agencies to
extend you the courtesy of taking your portfolio of
information and using it for nothing but evidence of their
association with your Regional Center or EB-5 projects so
that they have an easier time renewing their license with the
Chinese government. A method worthy of consideration
might be to invite the Agency executives to visit the U.S. and
become familiar with your project first-hand. The trip, of
course, would be at their expense. Leave little more than a
business card with them. If they are interested in coming,
then you are probably on to something. Once they are in the
States, you then have the liberty to show them the project
and, providing you still feel comfortable, share the greater
details.
Established EB-5 Agencies usually have associate Agencies in
other cities. If you have done the work of establishing the
credibility of a major Agency, you may be able to extend your
reach by utilizing that network to expose your project to
more potential clients.
It is not uncommon for many Agencies to claim that they are
the best. Keep in mind that U.S. Federal Trade Commission
laws, which require proof of that claim, do not apply in China.
Note, however, that such claims will be made off the record,
because Chinese advertising law forbids comparatives and
superlatives. A wise place to begin your search is not to look
for “the best.” Obviously, all but one of them have to be
prevaricating. It would be wise to seek Agencies that exhibit
integrity. It may also wise to forget the idea that “bigger is
better.” The fact is, that “bigger” is only “bigger.”
CAUTION: The reason that an Agency is bigger, other than
that it is located in a densely populated area, may be that is
has a “good relationship” with the Chinese government.
EB-5 Agencies tend to do their homework in order to stay on
top of their game and improve their image, in the sense that
they can “speak the EB-5 language.” In fact, Chinese Agency
personnel can typically be expected to know the intricacies of
the EB-5 program much better than their American
counterparts.