EB- 5 Visas and Regional Centers

When it comes to EB- 5 Investment visas, the applicant has two options. The investor may invest directly in a business that meets the requirements set forth by USCIS or the investor may invest through a Regional Center. The investor should consider both options before they ultimately decide on one of the options. There are differences between a direct investment and an investment through a regional center, however investing through a regional center may make obtaining an EB-5 visa much easier. Like every investment however, it is important to do your research since ultimately it is your money that is being invested and you want the investment to eventually turn a profit.

A regional center is a center that has been approved by United States Citizenship and Immigration Services (USCIS) to be able to sponsor the investment of an EB-5 investor to projects. They are meant to disperse funds to local projects to help achieve the goals that are set forth by USCIS.  Goals such as jobs creation and creating prosperity in the region.

One advantage that a regional center has over direct investment is that the EB-5 applicant can take advantage of the jobs that were created indirectly due to the applicant’s investment. This means that the Regional Centers help lessen the difficulty of meeting the required job creation requirements of the EB-5 investor program.

Another attractive feature of the Regional Centers is that they investor does not need to be involved in the day to day management of the business. This means that it’s a less hands on investment for an applicant attempting to obtain a US visa. The applicant can allow others who may know the industry better to run the business in a way that maximizes the probability of the investment meeting all the requirements of the EB-5 Visa and eventually turning a profit.

Be aware though that there may also be a lack of transparency when investing in regional center projects. The project itself may be vague, with little details with how exactly the funds will be used. Often times in cases of fraud, no construction is even begun on the project and all the funds have been diverted overseas to foreign nations, leaving the investors account empty of their investment.

In order to be sure that you meet the requirements and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced and knowledgeable immigration attorney.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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