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How are investments directed to an EB-5 regional center?

Do all inquires from foreign nationals interested in an EB-5 regional center project go through USCIS? Or if someone has a relationship with a foreign national who wishes to invest in their EB-5 regional center, is that ok? Basically, can a foreign national choose an EB-5 regional center project without going through USCIS?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, inquiries by foreign nationals about EB-5 do not go through the USCIS. In most cases, inquiries may either go directly to the regional centers or through legal representative(s) of the foreign nationals. For further and appropriate information, consult an EB-5 attorney.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No; inquiries about regional center investment projects do not go through USCIS at all. Foreign nationals select their own investments, whether through a regional center or not, but it is wise to conduct significant due diligence prior to making the decision to invest.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Yes, a foreign national may choose a regional center without going through USCIS. However, there are 799 regional centers approved by USCIS (as of Feb. 1, 2016). The foreign national/prospect investor must conduct due diligence when choosing the regional center and the project sponsored by the regional center. I suggest enlisting the help of qualified professionals to guide you through the process.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    EB-5 investments do not go through USCIS. The starting point is either to do a stand-alone or self-directed investment where the investor manages the business, or to invest in a project via a regional center. There is a list of regional centers on the USCIS website.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, you locate a project you are interested investing in and conduct due diligence of that project before you invest. This has nothing to do with USCIS. Then your immigration attorney files your I-526 petition with USCIS, which adjudicates the I-526 petition. You should engage the services of an experienced EB-5 immigration attorney before you invest.

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    John J Downey

    Immigration Attorney
    Answered on

    You do not go through USCIS. They can give you a list of approved regional centers, but for the selection you are on your own.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Investors file for immigration benefits based on an investment into a qualified EB-5 project that may be associated with a regional center. When filing with USCIS, the investor has to show they have invested or are in the process of investing.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    All EB-5 applications are filed with USCIS. The funds invested for an EB-5 visa should be the personal funds of an investor. Therefore, if another person is funding your EB-5, the funds need to be gifted or loaned to you in order for you to qualify as a qualified investor.

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