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How to get from possible to credible for EB-5 purposes

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  • 1. Contact me at: joseph.whalen774@gmail.com or 716-604-4233 or 716-768-6506 Page 1 How To Get From Possible To Credible For EB-5 Purposes By Joseph P. Whalen (May 23, 2014) Introduction Inductive reasoning (as opposed to deductive reasoning) is reasoning in which the premises seek to supply strong evidence for (not absolute proof of) the truth of the conclusion. While the conclusion of a deductive argument is supposed to be certain, the truth of the conclusion of an inductive argument is supposed to be probable, based upon the evidence given. [Emphases Added] Above from: http://en.wikipedia.org/wiki/Inductive_reasoning When you are assembling anEB-5 caseto submit to USCIS you will have to present appropriateevidence. Such evidencewillusually be based on a specific project tobeoffered to EB-5 investors, among others. Regardlessof whether the project isin the beginning stagesand might be presented as “hypothetical” ratherthan an“actual” or I-526 exemplar” is irrelevant to the basic building blocksof evidence. The realdifferences will be in the level of detailpresented and the corresponding level of deference you expect from USCIS in subsequent filings. That said, the project presented will generally be based upon a businessplan (BP) and, if Regional Center- Affiliated, a corresponding economic impact analysis (EIA). Three P’s and a C Americaneducated folks might recallthe old “Three R’s of Education” to wit: “Reading”, “wRiting” and, “aRithmetic”. WelcometotheEB-5 variationonthat theme. I giveyou: Possible, Plausible, Probable, and Credible!Let’s take a close look at the meaningsof these words and please noticethat they mayserve best if you view them as logicalprogressive stagesto building anargument. In thissense I am using the term argument in a similar sense as “legal argument” but Iwant to pull you away from the adversarialapproach and mindset. Remember that you aredealing with an inquisitorialsystem inEB-5 benefitsrequest. You are striving to demonstrateeligibilityfor the particular benefit requested ina particular petitionor application.
  • 2. Contact me at: joseph.whalen774@gmail.com or 716-604-4233 or 716-768-6506 Page 2 Possible isthe stageat which it all begins. Whenwe sift away all that is impossible, then what we areleft with, no matter how improbable, is possible. A merepossibilityof something is insufficient for any benefit request but most especiallyfor EB-5 purposes. Plausible hasbeen defined in a varietyof ways but for EB-5 purpose, I like the following: “having an appearance of truth or reason; seemingly worthy of approval or acceptance; credible;believable: a plausible excuse; a plausible plot.”1 If you cannot get thisfar then, you have serious problemsBUT might be able to takecorrectiveaction. Each project likeeach case is different, unique, and therefore, not only will it be judged (adjudicated) on a case-by- case basis, you need to build it that way as well. Probable is an even more advanced stageof the thought processthat your EB-5 caseneeds to achievein the mind of theUSCIS adjudicator. Here we are looking for the “morelikely than not” level of acceptancetothe reasonablemind2. It’s reasonable! The successat thisstagemeans that the project and the supporting informationseem Crediblebecausean inductiveprocesshelped you build necessarysupport. Congrats, you’re done. That’s my two-cents, for now. Joseph P. Whalen, Independent EB-5 Consultant, Advocate, Trainer & Advisor 1348 Ridge Rd | PMB 36 | Lackawanna, NY 14218 Phone: (716) 604-4233 E-mail: joseph.whalen774@gmail.com web http://www.slideshare.net/BigJoe5 or http://eb5info.com/eb5-advisors/34-silver-surfer DISCLAIMER: Work is performed by a non-attorney independent business consultant. It is the client's responsibility to have any and all non-attorney work products checked by an attorney. I provide highly-individualized training based on consultation with my clients. I serve Regional Center Principals and their counsel, potential EB-5 investors, and project developers. I am not an attorney myself although I have trained numerous attorneys and INS/USCIS adjudicators in complex issues within immigration and nationality law whenI was an adjudicator there for many years. I do not prepare forms, write business plans, or create economic analyses. I do review them for clients prior to submission and suggest corrections and/or modifications to run by your attorney and investment advisor. NAICS Code: 611430 Professional and Management Development Training 1 Found at: http://dictionary.reference.com/browse/plausible on May 23, 2014. 2 Yes, that means that the preponderance of the evidence standard of proof has been satisfied.