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Who can operate an EB-5 regional center?

Who is allowed to operate an EB-5 regional center? Can someone who is not a U.S. citizen or resident run the regional center? Can the regional center hire foreigners as well?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Currently, foreign nationals can own and manage a regional center. But there is a growing position that foreign nationals should not own EB-5 regional centers.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    No to all. Regional centers should be owned and operated by U.S. persons, and direct employees to be counted toward the EB-5 job creation requirement must be lawful permanent residents or U.S. citizens.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Anyone can operate an EB-5 regional center. There is no citizenship requirement. Also, a regional center can hire foreigners as long as the relevant requirements governing the visas in question are met.

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    John J Downey

    Immigration Attorney
    Answered on

    There is no requirement that the operators of the regional center be U.S. citizens. You may hire foreign workers, but they would have to obtain a visa to work here from the Labor Department and be accepted by USCIS.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    At the moment there are few restrictions. However, the Integrity Bill S.1501 that will be reintroduced soon will limit it to U.S. citizens and residents, plus many other restrictions.

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    Peter Zhang

    Immigration Attorney
    Answered on

    You do not have to be a citizen to operate a regional center. You may hire anyone authorized to work in the United States.

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    Charles Foster

    Immigration Attorney
    Answered on

    As of today, anyone can own and operate an EB-5 regional center. You do not have to be a U.S. citizen or a lawful permanent resident. However, if you are working in the United States, you would have to have appropriate immigrant or nonimmigrant status. Under the proposed Senate Bill 1501, there is a provision that would restrict foreign nationals from owning or being involved with an EB-5 regional center or project. Yes, the regional center can hire foreign nationals abroad in their home countries or in the United States as long as they are authorized to work in the United States.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    A regional center is any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation, and/or an increased domestic capital investment. Anyone could "operate" a regional center. You would create a U.S. legal entity, usually a corporation, and apply for USCIS regional center designation under that entity.

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