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What are the state-level requirements for becoming a regional center?

We are working on becoming an EB-5 regional center in Tennessee. Are there any EB-5-specific requirements or certifications at the state-level that our company would need to obtain before submitting our application?

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    Answered on

    You have to register the business entity with the state but the immigration matters are all federal (through USCIS).

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    Answered on

    If you are forming a company/entity that will be doing business in a specific state, you must meet the corporate registration requirements for that state. Each state also designates an agency (ie., Labor Department) to provide TEA designation letters.

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    Answered on

    Some states will be able to certify your projected regional center boundaries as a Target Employment Area (TEA) through the appropriate state agency. This, however, varies by state. Additionally, you will need to comply with relevant state and local business laws. Immigration law is regulated on a federal level.

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    Answered on

    Generally, you only need to ensure you are in compliance with state corporate and securities law as this arena is all federal.The State does presently have a Joe role in determining high unemployment or Target Employment Areas (TEAs), but that can change.

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    Answered on

    You have to be very careful about stating that any state agency is certifying you for a business purpose, as such things are closely watched by various regulators in the state. Forming your company in Tennessee also presents a few things in terms of taxation and the like that you should be aware of. You will of course need to file appropriate corporate documentation, name reservation forms and the like to have your business opened. If you are seeking state participation in some manner in the project, you will also need to address certain regulations regarding the conduct of business with the State of Tennessee. In addition, certain counties have some requirements as well. Speak with an experienced corporate attorney in Tennessee with experience in EB-5 to discuss further.

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    Answered on

    There are no state law requirements in any of the 50 states of the United States regarding the establishment of an EB-5 regional center per se. However, in order to show that a particular project is located in a Targeted Economic Area (TEA), it is necessary for the governor of any particular state to designate that the job creating entities enterprise in his or her particular state is located either in a rural area or a high unemployment area, as those terms are defined. In practice, most governors delegate that authority down to the mayor or county commissioner or county judge within each of their individual states.

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    Answered on

    There are no specific state-level requirements for becoming an EB-5 regional center. If you are including a shovel-ready project in your application for regional center designation, or if you will soon have an actual project identified, you will need to obtain a TEA designation letter from the state, and you should obtain or at least identify any business licenses, permits, entitlements, or other local approvals needed for any construction or to eventually operate the business.

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    Answered on

    The EB-5 regional center program is a federal program. There are not any official state-level requirements (although some states, such as California, have optional annual surveys and reporting that they may request from regional centers).

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