Thousands of hard-working immigrants are getting deported every month. But unregulated private companies are offering a deal: for $500,000, you can get a green card.
For Mao Huajun and Wen Lin, a trip to San Francisco is a chance to stock up on American retail. With at least five bags in each arm, the couple from China is all smiles. Through an interpreter, they point to the tags on their new clothes and cologne and explain: "Made in China."
Consumer products devised here and made there are too expensive or not available for Chinese shoppers, so Mao and Wen, who come from Wenzhou, where Mao made a fortune in wood products and real estate, are taking full advantage of their trip.
But don't confuse them with typical tourists. The two are on a boutique pre-immigration tour of the Bay Area, tailored for rich people who want to move to this country without the typical problem of getting documents.
An anti-immigration wave is sweeping across the country. The Obama administration has overseen the deportation of a record 390,000 people in the past year. College kids who came here as young children are finding they can't stay and work. The much-anticipated DREAM Act, which would allow college graduates a chance at citizenship, is in a Republican-induced limbo. Poor and working-class immigrants are getting kicked out of the country every day.
But private companies are going overseas and recruiting investors with the promise of a little-known federal program: For half a million bucks, you can get yourself a green card.
If you've got the cash, the promoters say it's easy. Invest that sum with a broker who's doing some sort of development in a low-income area and you're guaranteed the right to move to the United States, immediately, with your entire family. You can live anywhere you want (not just in the area where you invested). And you're on track to become a U.S. citizen.
But the program, known by its federal moniker of EB-5, is riddled with loopholes and lack of oversight. It has a history of creating few or no jobs, and the projects it funds can harm low-income communities. The immigrant investors aren't safe, either. They put their fate in the hands of brokers and immigration officials, and if everything doesn't go according to plan (and sometimes they have no control over that plan), they lose their money and face deportation sometimes years after settling into their new lives.
In truth, the real winners in this program are the private brokers who profit by connecting immigrant investors with projects that desperately need funding.
San Francisco has been late to enter the EB-5 game but now long-time political figures, including former Redevelopment Commissioner Benny Yee, are getting in on the action. Oakland has several EB-5 centers looking for money.
THE RICH ARE DIFFERENT
The federal government has long offered employment-based visas that allow people with exceptional skills or who are otherwise valuable to the American economy to immigrate to the U.S. But EB-5, created in 1990, is different: it places value on immigrants based on their wallets, not on their brains.
When Congress debated the creation of EB-5, politicians and members of the public saw it as a bona fide way to create citizenship opportunities. The rationale: people who create jobs with their money deserve to live here.
Federal officials and EB-5 experts told us how it works, at least in theory. To gain initial residence visas for themselves and their families, would-be immigrants have to invest $1 million in a new business or an existing and struggling one. If the business is in a Targeted Employment Area defined by law as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average" the investment requirement drops to $500,000.
The EB-5 applicants can invest on their own or they through a broker, known as a regional center.