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What I-526 delays come with renting a Regional Center?

We are currently looking at leasing a center while waiting for I-924 approval. We have heard that leasing-a-center can add additional delays to I-526 applications. Knowing that the first I-526 will have the business plan and economic analysis whether it''s through our own center or one we lease, are there any extra delays to leasing-a-center as opposed to using our center once approved? It seems like the I-526 will go through the same process, whether is through a center we lease or though our own, so if we lease a center then we could potentially submit our first I-526 sooner than waiting for our center to be approved. It will be a year this December that our I-924 has been pending.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    There are no additional delays when renting a regional center. The core purpose to renting a regional center is to avoid the waiting period associated with a regional center designation. Also, please note that once I-526 petition is approved under the rented regional center, your project will be under the rented regional center.

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    Lei Jiang

    Immigration Attorney
    Answered on

    There will be no additional delays. But if you decide to rent, then your project will be under this rented Regional Center.This will make your own Regional Center (if approved later) wasted.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    This is a loaded and complex question. I will be happy to discuss this in detail with you.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Whether you file an I-526 petition with your own Regional center or rent one, there will no difference in the time delay for adjudication of the I-526 petition. Delays can be reduced by the hiring of an experienced EB-5 immigration attorney such as our law firm to prepare the I-526 petition.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    At this time, I-924 applications are taking at least a year to get approved. My firm has dealt with your proposed scenario in many cases over the last year. While it is true that the I-526 processing times will be the same regardless of whether you do it under the roof of your approved RC or under another one, the principle difference would be whether you filed an exemplar application. If you filed an exemplar application and you get approved, then USCIS will (theoretically at least) give the I-526 applications deference. At the same time, you must also consider that if you rent a regional center now, you can begin marketing the project tomorrow. In this way, you will have at least a 5-month head start on the I-526 applications (assuming your RC gets approved by December). Keep in mind, there are many investor related delays as well. Marketing takes time, as does getting the investor''s source and path of funds. These issues separately add an additional few months before money can be dropped into your project (contingent, of course, on the terms of the escrow agreement). The other issue that you should keep in mind is the need to carefully vet any and all RCs that may host your project. Last, if you do end up renting a RC, realize that you would be committed to working with this RC through the entirety of the project life. Unless you are dividing your project into multiple phases, it would not be a good idea to use the rented RC for some investors and then once your RC is approved, file the remaining investors under your RC.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The purpose and benefit of renting a regional center is to avoid the delays associated with the regional center designation process. There are not additional delays in I-526 processing if you rent a regional center. If you are at the early stages of I-924 processing and you have a viable project that needs to get going sooner, then using an existing regional center makes sense. If you are the end of the I-924 processing (a year or so), then it might make more sense to wait it out, if you don''t have a current project or if you have one, but it can survive a few more months. It sounds like you are in the latter category. Waiting for your own regional center makes more sense.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Filing the I-526s with a current approved RC is a wise choice. It will not slow down the process.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I-526 Petitions may take up to 12 months to be adjudicated by USCIS. Associating with an existing regional center may provide a benefit of familiarity in the eyes of USCIS, but there''s no guarantee of approval or an actual timeline. Working with and retaining experienced EB5 counsel, like the team at our law firm, is essential to create a strategy that will best help you accomplish your EB-5 goals.

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