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 duly-licensed 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.