What communication is legal between businesses, potential EB-5 investors, and regional centers?

Generally, you would need to consult an experienced EB-5 immigration counsel and SEC counsel to comply with regulations. Another option would be to associate with a regional center.

Yes, a person or business entity who seeks EB-5 capital can contact regional centers or investors. As long as communication does not involve misrepresentation, fraud, duress, etc. and is legal, it should be fine.

There should be substantial and open communication. You need a trained compliance officer.

With the assistance if an experienced EB-5 immigration attorney and a team of professionals including a securities attorney, the communications and legal relationships between the regional center, EB-5 projects/developers and foreign national investors will be USCIS and SEC-compliant.

Associating with an existing regional center is a good way to market your project and take advantage of certain infrastructures and employment creation methods. You should be able to reach out directly to a regional center covering your geographic area and industry classifications, and you will likely have to enter into a memo of understanding to associate with them. EB-5 counsel like us can review such an arrangement. Even if you stay independent and hold yourself out as a direct EB-5 project, communication with investors is strictly regulated by the SEC, and retaining EB-5 counsel who can coordinate with SEC counsel will become very important.