Reza Rahbaran
Immigration AttorneyPrior to sale, an I-924 application must be filed with USCIS for approval of new ownership. Please contact an experienced EB-5 attorney for further details.
I would like to sell a licensed regional center located in the southeast part of the United States. How would I start the process of selling it? What is the best way to find a broker or perhaps an interested buyer?
Prior to sale, an I-924 application must be filed with USCIS for approval of new ownership. Please contact an experienced EB-5 attorney for further details.
Putting your information on websites such as this is a good start. You also could try contacting other regional centers or associations, immigration attorneys and brokers in order to find an interested buyer.
Before you consider marketing the sale, it is important to consider how this sale will be structured. USCIS''s position on the sale of regional centers (RC) was unclear until a recent Decision Board proceeding where we represented a client in a RC purchase (see link to our blog below on the subject). It appears that USCIS is comfortable with a sale of stock but not a sale of assets. Nevertheless, a sale of stock raises the question as to whether it will result in a change of the RC''s ownership or administration. If this is the case, the purchaser would then have to weigh the possibility of filing an amendment with USCIS. I am happy to offer you a complimentary consultation to further discuss this process. Also, depending on your RC''s geographic scope, we may have some clients that would be interested in purchasing your RC. http://www.eb5immigration.com/news.php?action=view&id=211.
Can you supply any details to me as to the center, plan and most recent certification.
The first step is to retain an experienced EB-5 attorney who can advise you of the next steps. The regional center may enter into an agreement with the buyer, but the buyer cannot take over the ownership or management of this regional center until the I-924 Application requesting USCIS to approve the new ownership has been approved. This process may take several months.
Other than the normal procedures for transferring ownership of a business (as regional centers are LPs/LLCs/etc.) according to the laws of your state, notifying USCIS of the change would be recommended. An I-924 amendment may be required as the more formal of the processes.