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Questions and Answers > EB-5 Regional Center Formation

Can I purchase an EB-5 Regional Center?

I have a project but I don''t want to wait a year or so to get a regional center designation. Can I purchase an existing one? Would I need an immigration lawyer to help me in the transaction if its possible?

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Answers

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    Clem Turner

    Securities Attorney
    Answered on

    A Regional Center Designation is an asset held by a business entity, usually an LLC, but not always. One can always purchase a business entity and at least one regional center has already been bought. First and foremost, you would need a corporate attorney, as purchases of business entities fall within their area of expertise. However, you may want to have an immigration lawyer on your team as well, to make sure the Regional Center Designation is transferred adequately. As a practical matter, you may have a difficult time finding a Regional Center operator who is willing to sell it. n]

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, you can if a regional center agrees to sell or you can rent one. You do not need immigration attorney for this transaction but it is good to have one. You need to understand immigration related issues.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    It is an option, if you are able to locate one that is for sale and that covers the geographic region and industry that your project would fall in. If it needs an amendment to add a geographical area or an industry then you would have to wait for the amendment to be approved.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You might be able to purchase a regional center (if it?s for sale) and located within the same geographic location where your project is located. Depending on what industry codes (or general industries, before USCIS required NAICS codes to be included) are included in the regional center?s designation by USCIS, you may be advised to seek an amendment to the regional center before you can accept subscriptions for your project. I believe you do need an immigration lawyer to represent you if a transaction is possible. This because when you purchase a regional center, or a company rather, you may be subject to accepting the liabilities and debts of the company. A qualified immigration lawyer would best be able to evaluate the whether the regional center has remained compliant with EB-5 requirements.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Generally, "yes" you can purchase. But most aren''t for sale. I''d recommend having your project sponsored by an existing center in your area with the correct naics codes.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may. However, your project must fall within the pre-approved geographical boundaries of the center. If not, an amendment may need to be filed if possible. It would be more prudent to work with an existing center and "rent" their regional center for this project. There are other issues at hand here, for further information please contact Rahbaran & Associates.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Under certain criteria you can acquire a regional center but filing of change of control and project must be made. I will be glad to consult with you.

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    Alice H Sun

    Immigration Attorney
    Answered on

    Yes, you can.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Your question on whether you can purchase an EB5 regional center is a good question. Most project directors usually ask a regional center to act as an umbrella. Using a regional center as an umbrella would be more cost effective. We are available if you have any further questions.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Unfortunately, even if you had an existing Service Center, you would still need to have your project approved and it still would take up to a year to receive the decision. And yes, you should seek assistance of an experienced immigration attorney.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, you can purchase an EB-5 regional center. Yes, you should retain an immigration attorney to advise and facilitate the purchase.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes you may. Please consult a commercial transactions lawyer.

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    Rebecca White

    Immigration Attorney
    Answered on

    From your question it seems a consultation with an attorney would be a good starting place. I am not clear if you truly want to create a regional center, or if you simply want to create a business project that would qualify for an EB5.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    If the project individually qualifies, you can file this as an individual petition which is not part of a regional center.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The best alternative is to join an existing Regional Center. You will have to see if your project falls in one of the approved industries. If you have any other questions, please do not hesitate to contact me.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, you can purchase RC, you need to conduct a thorough due diligence to ensure compliance and related issues. You will probably need a attorney.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may wish to approach an existing Regional Center with your project, purchase an existing Regional Center if any viable Regional Center is for sale, or establish a new Regional Center. You would generally need a team of at least an EB-5 immigration attorney, securities attorney, and an economist if you wish to establish a new Regional Center.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The two options you have include the filing of a Regional Center Application for Designation or associating your project with an existing EB-5 Regional Center.An experienced EB-5 immigration Attorney will offer advise and expertise based upon experience in your dealings with an existing EB-5 Regional center.

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    Edward Litwin

    Immigration Attorney
    Answered on

    Yes you can. You will probably need to have the services of an immigration attorney, a business attorney and other advisers. The seller may have legal counsel lined up to assist you. It is definitely possible, but do your due diligence.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Yes and yes.

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    Mark Ivener

    Immigration Attorney
    Answered on

    It is possible, but not likely. You may be able to license the use of the regional center for a fee or % of your deal. It also depends on whether the regional center is approved for the type of project you want to do. It would be advisable to use an immigration attorney with extensive EB-5 regional center related experience.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can invest in an existing center, or try to get your own new one, or try to buy an existing one. I don''t believe current centers are usually for sale.