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How can a direct EB-5 investor partner with a regional center without working through the regional center?

We are ready to invest $2 million (and can go up to $2.5 million) for obtaining an EB-5. Our plan is to find land in the U.S. and construct apartments or mixed-use real estate (retail downstairs and residences upstairs). My partner in the U.S. is going to facilitate this investment. We are not interested in working through a regional center and would like to have more control of the investment. However, is there any kind of partnership we can do with the regional center for this specific project?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Given the investment threshold, you will have 4 or 5 EB-5 investors and it may not be worthwhile renting a regional center to attract investors. You may be better off hiring an experienced EB-5 immigration attorney and doing direct EB-5 investment unless you are concerned your construction/mixed-use project will not create the requisite 10 full-time direct jobs per investor, in which case only a regional center setting may help you create indirect/induced jobs.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An EB-5 Immigration attorney can direct your plans. Your direct EB-5 project can approach the owner of the Regional Center and can rent the Regional Center designation. Then your direct EB-5 project becomes an EB-5 Regional Center project.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you wish to do a direct EB-5 investment, it is not clear what benefits you would seek with a partnership with an existing regional center. If your direct EB-5 investment will create the minimum 10 jobs for U.S. workers as required, there would be no reason that you would have to work through an EB-5 regional center. The only reason you would want to is to either invest in their EB-5 projects or to recommend potential investors to such a regional center.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can look into "renting" a regional center to develop your project under.

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    Robert Loughran

    Immigration Attorney
    Answered on

    There are some regional centers who may provide the umbrella of their regional center for a fee, however, the regional center is integral to the application process and it can be complicated. There is also the possibility of pooling and filing multiple direct EB-5 investments if the investments can be appropriately arranged into distinct legal entities and there will be sufficient direct employment created to support each investor''s application.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you do not have to go through an established regional center, you can also lease a center under the current rules. Most experienced legal counsel can advise you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Based on the facts given, it is unclear what kind of partnership you are seeking with a regional center and why you would want it. A regional center can sponsor your project thereby giving you the benefit of EB-5 structures that are only allowed in RC context while giving you the control of the project management. Please retain an attorney who can advise you in detail after understanding your situation and goals.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I am not envisioning what you are trying to do. Why hook up with a Regional Center at all?

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If your project is to construct apartments or mixed-use real estate, you will need to partner with a regional center because your project is not likely to create enough direct jobs to qualify for EB-5. Regional centers are allowed to claim credit for indirect as well as direct job creation, so there may be a benefit to you there. Keep in mind that only four or five EB-5 investors is a very small project and it may not be worth the time and effort for any regional center to partner with you.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    It sounds like to me that you are seeking to affiliate or be sponsored by a regional center. This would allow your individual investment in your project to receive credit for the indirect effects from construction costs, revenue and direct jobs at the business. I would recommend that you speak with an EB-5 specialist so that you can choose the right regional center to enter into an agreement with.

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