Question:
How Do Regional Centers Qualify for EB-5 Designation?
Answer:
Regional Centers are started by local U.S. businessmen, sometimes in alliance with local government agencies, that wish to attract investment capital for current or planned business ventures. The possibility of an immigration benefit to investors is viewed as an aid to attracting capital from overseas. The investments may be in any lawful business, and vary widely. The Centers must file an application including business plan with the Investor and Regional Center Unit (“IRCU”) of the USCIS. As part of the application process, the promoter must clearly define the regional area where the businesses will be located. If the promoter seeks a minimum investment of USD 500,000 instead of the standard $1M, he must demonstrate that the region is either a Targeted Employment Area (population greater than 20,000 with unemployment rate 150% of the national unemployment rate) or a Rural Area (geographic area outside of a Metropolitan Statistical Area or the outer boundary of a city with a population more than 20,000). More...
With CIS approval, the promoter forms a limited partnership (most commonly) or corporation. In a limited partnership arrangement, the day-today operations are managed by the general partners, who usually have more experience and knowledge of the local businesses than do the limited partners. The foreign investor typically does not actively participate in the day-to-day management of the limited partnership, although some active involvement in the enterprise is required by law. Any income from the limited partnerships is distributed to the general partners and limited partners.
Question:
Who are the business consultants who are promoting Regional Centers?
Answer:
The Regional Centers all pay substantial finder's fees for directing a client to invest with them. There's nothing wrong with this, but it's led to a proliferation of agents pushing one or another Regional Center. These agents are typically "captive agents"; that is, they promote just one Center. Since no one Center is best for anyone, such agents shouldn't be relied upon alone for information or advice. Even business consultants who help you choose which Center is best can over-promote the EB-5 visa, either because they are not licensed or trained to evaluate the legal complexities of the visa, or because they earn nothing if you decide not to pursue the EB-5. Our firm has had clients who looked like good matches for the EB-5 program, but once we dug deeply into their personal and business circumstances, we realized that an L-1A or E-2 visa was better visa for them. We urge anyone considering an EB-5 visa to first review their suitability for the visa with an experienced U.S. immigration attorney before moving to the selection of a Regional Center.
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