How can an EB-5 regional center project be transitioned into a direct investment project? - EB5Investors.com

How can an EB-5 regional center project be transitioned into a direct investment project?

Since the EB-5 regional center program is on hold, is it legally possible for regional centers to pivot their projects and turn them into EB-5 direct investment projects? What would be the process?
Also, would I have to file a whole new petition and start over or can my current regional center petition be adjusted?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Any project can qualify if it can be shown that the investment will create 10 full-time jobs, as opposed to 10 indirect jobs. The program has had at least 17 or 18 extensions, and in 2018, it also lapsed before extension. The regional center program is much better for investors, but if you cannot wait for the next extension, then you can proceed and file a direct case now if you will be able to prove 10 full-time jobs were created for U.S. workers.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Good question that I don''t know the answer to - it would involve a redeployment of funds and would need the consent of the Regional Center.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

It is not possible to change the structure of a petition after it has been filed.

Linda Liang

Linda Liang

Immigration Attorneys
Answered on

It depends on a lot of factors. Regional centers rely on indirect jobs. You want to see if sufficient jobs will be created for you. Please do not make this decision based on Google searches or just asking around. You need serious due diligence in order to make the right decision.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Some Regional Centers are doing just that now. But most of them have been letting the new investors put their money into the Job Creating Entity (JCE) rather than the New Commercial Enterprise (NCE, the Regional Center). This is to avoid conflicts of interest. You need to be careful here and work with an experienced immigration lawyer.

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