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What happens if a foreigner purchases an EB-5 regional center?

Can a foreigner who plans to apply for an EB-5 immigrant investor visa purchase an active EB-5 regional center that is up for sale, and then invest their $1 million or more into a USCIS qualified equity investment? And if this is acceptable, then would owning this regional center incentivize or enhance their candidacy in any way, as an EB 5 visa applicant?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Ownership of a regional center will not enhance your chances in and of itself. Do your due diligence and invest in a reputable regional center project, and consult an experienced EB-5 immigration attorney to prepare your case.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, USCIS would not accept purely foreign ownership of an EB-5 regional center.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    An investor can buy or rent a regional center. There is no specific data that indicates that owning the regional center will increase your approval chances. Your matter seems a bit more complicated and more information is needed. Please contact an experienced immigration attorney to discuss further.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, as of today a foreign national may purchase an EB-5 regional center. If you then invest the $1 million into a qualified equity investment, would the $1 million still be in the EB-5 regional center if same was paid to a third party to purchase the center? Assuming there was still $1 million still available in the regional center, it would still have to be invested in an ongoing business project that would create 10 full-time jobs for U.S. workers over a 3-5 year period of longer. Owning a regional center would not in any way incentivize or enhance your ability to qualify for lawful permanent residency through an I-526 EB-5 petition. It may be possible, but it in no way would it be deemed helpful. In fact, it is conceivable that by the end of the year Congress may enact legislation specifically prohibiting foreign ownership of EB-5 regional centers.

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    John J Downey

    Immigration Attorney
    Answered on

    The fact that you own a regional center would not in and of itself enhance your application as an EB-5 petitioner. You would be judged on the merits of your individual project.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There are proposals that may restrict the acquisition by a foreign national of a regional center and designations often contain clauses prohibiting the transfer of a regional center.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Owning a regional center does not help with an individual case. There are proposals to restrict who can own a regional center. Best to find a good project to invest in.

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