How can I qualify as a regional center?

As per EB-5 regulations, regional centers must be engaged in a for-profit activity; therefore, a non-profit organization may not receive regional center designation.

The process is long and somewhat painful at times. The biggest problem your organization is in fact a non-profit. To qualify for this program you have to be a for profit. However, there are ways to structure this kind of deal. I would be happy to chat with you.

The EB-5 rules and regulations allow for-profit businesses to obtain designation as Regional Centers, as foreign national investors need to make at-risk investments to qualify for their conditional and full green cards. However, retaining qualified EB-5 attorney, like the attorneys at our law firm, can help you develop legal and financial infrastructures that could be EB-5 compliant, and to prepare and file the necessary forms and supporting documentation required for a Regional Center designation.

With such a limited description it is difficult to give you a direct answer. Regional centers can be non-profit entities, but unless you properly describe what your EB-5 projects will be and how they will create jobs, it is extremely difficult to determine whether you can be designated as a regional center, especially in a grant maker capacity. Keep in mind, the process to become a regional center will require a certain level of financial commitment and will take roughly 12-15 months in the approval process. I would advise you to speak with an immigration attorney to determine if this will be an appropriate program for your organization.

The EB-5 law and regulations require that the investment be in a for-profit business. If you could form an entity that is for profit, and then structure a deal with the non-profit organization that meets all of the other EB-5 requirements, then it might qualify. Otherwise, purely non-profit organizations do not qualify. You would need an experienced EB-5 immigration attorney and a team of professionals to advise on these matters.

In order to become a regional center, first you need to change the nature of the business from non-for profit to for-profit. You will need to file the I-924 application with USCIS in order to be designated as a regional center. More information about regional center can be found on USCIS''s official website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f 6d1a/?vgnextoid=2785a5f224a2e210VgnVCM100000082ca60aRCRD&vgnextchannel=2785a 5f224a2e210VgnVCM100000082ca60aRCRD

Take a look at the instructions to the required application. It talks to meeting the requirements and the needed supporting documents. http://www.uscis.gov/files/form/i-924instr.pdf

The immediate answer is yes you can qualify as a Regional Center as long as you retain the services of an experienced EB-5 attorney who has the expertise in setting up Regional Centers. We are experienced EB-5 attorneys who will assist you in preparing the Regional Center application which we will make sure is EB-5 compliant with the rules and policies. In addition, we will make sure your EB-5 projects for the entrepreneurs are marketable and attractive to the foreign national investors. We will also introduce you to credible groups who source the foreign national investors for your projects.

It might be possible because certain types of portfolio investment structures are allowed. But there are too many factors to go over here in this forum to evaluate whether it would work for your non-profit. As well, EB-5 new commercial enterprises must be for profit businesses; but this can be accomplished through the regional center process because a for profit enterprise can be established to loan the funds to your potential entrepreneurial companies. Other issues such as the marketability of this type of regional center is another critical concern, aside from the issue of whether it is approvable by the U.S. Citizenship and Immigration Services.