10 Steps To EB-5 Investors’ Regional Center Process

Are you thinking about the EB-5 investors option to fund a project through a regional center?

Here are the 10 basic steps to the regional center process for EB-5 investors:


1. EB-5 investors must research the regional centers he or she is interested in and find the one that lines up with their interests. Seeking out advice from a knowledgeable agent is sometimes recommended. Then contact that regional center to set up a time to inspect the project in person and meet with the project developers.

2. Further investigation is required. EB-5 investors should find out if the project is financially feasible and then conduct due diligence on the project developers. If they have a history of incomplete or failed projects this is a red flag.

3. EB-5 investors should seek counsel. They will need an immigration attorney who has experience with and knowledge of regional center investments. The EB-5 investor will submit a deposit and complete an application and escrow agreement.

4. An immigration attorney will assist with filing the appropriate documents to the USCIS. EB-5 investors will receive copies of an offering memorandum and an LLC agreement.

5. The EB-5 investor will pay the administrative filing costs and submit the total capital investment into escrow.

6. EB-5 investors must sign and submit the USCIS application.

7. The EB-5 investor’s immigration attorney will file the I-526 petition for Alien Entrepreneur with the USCIS.

8. Escrow funds will be released to the project pursuant to the escrow agreement upon the approval of the EB-5 investor’s petition or it will be released back to the EB-5 investor if the petition is denied.

9. If the petition is approved then the EB-5 investor may apply for lawful conditional resident status.

10. After two years if the EB-5 program requirements (Does the project create 10 direct, indirect or induced jobs for U.S. qualified workers?) are fulfilled the EB-5 investor may acquire lawful permanent residence, also known as green card status.

 

Clare Lithgow

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