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How can two regional centers share the same geography?

Can two regional centers share the same geography? If so, how does this impact indirect job creation claims?

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Regional centers can and often do overlap. Job creation is based on the regional center''s industry classification and the affiliated projects.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Each regional center has its own investment entities and the regional center may include multiple states with several investment entities. The investment entity must provide 10 full-time jobs for each investment of $1,000 or, in a targeted employment area (TEA), an investment of $500,000 which may use indirect jobs created by the investment to fulfill the 10-job requirement. Jobs are forecast by the economic analysis of the business plan using standard measures. Therefore, the investment entity is forecast to create the jobs irrespective of the geographic area in which the investment is made. The geographic area is relevant to unemployment in determining if the area is targeted for needing employment, a TEA.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There could be multiple regional centers that could be designated in one geographical area; for example, the state of California. However, as the job creation must be accounted for each separate and individual project that the regional center develops, there should be no overlapping of job creation or counting them multiple times, unless two or more regional centers are co-developing one/the same project. In such case, there could be negative consequences to the EB-5 investors, as there may not be enough jobs to cover investors of both regional centers.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    Interesting question. The so-called regional center is a legal term. Itrefers to a private business that operates within a self-designated area. For example, if an ice cream shop decides to call itself a regional center and passes USCIS'' vesting process, it does not mean it has the monopoly over the sweet business for the entire street. At any time, if another ice cream shop comes through the same vesting process, it is possible to have two regional center/ice cream shops on the same street. As an investor, do not be misled by the name, as the saying goes - Don''t judge a book by its cover.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There is no exclusivity for regional center designation. Accordingly, there may be more than one regional center in a geographic location and there may be an overlap in territory and/or in industry groups. This should not affect job creation, however, as each project will be judged on its merits. If a petitioner can establish that his/her investment created the required jobs, and if all other conditions are met, the petition should be approved.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, there can be more than one center sharing geographic areas. The job creation is based on the nature of the project not the area.

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