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How can regional center policymaking affect an EB-5 visa outcome?

My EB-5 regional center consular interview in Sydney, after the I-526 petition approval, was pushed to administrative processing because I said I''m not active in day-to-day operations and policymaking of the project. How might this impact my visa outcome?

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Even if you are not managing the day-to-day activities of the operation, you can still serve as a limited liability partner overseeing and being a part of the policymaking decisions.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The partnership agreement of your project should outline what your role and limited decision-making authority are as a limited partner. Have your attorney review the documents and contact the consulate.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    To be honest, I have never heard such a case. By definition, the regional center method, as opposed to the direct investment method, alleviates the day-to-day responsibilities from you as the investor and puts that burden on the regional center. They now have the burden to make sure that there will be enough jobs created, the project will advance normally. etc. They also have the responsibility to watch out for your interest in the project since you are typically a preferred shareholder in a newly created entity they help form. You need to hire a competent attorney to represent you and argue your case right away if you have not done so already.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Investors in regional centers are rarely, if ever, active in the day-to-day operations and policy-making of the project.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to be involved to some degree, as outlined in the partnership agreement.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It should not affect it, as long as you participate in the governance of the project, such as being a limited partner.

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    Phuong Le

    Immigration Attorney
    Answered on

    That's unfortunate to hear, but this isn't a regional center policymaking issue. Rather, it appears your project's partnership or operating agreement wasn't clear about what your policy and decision-making powers were, so you were rejected as a passive investor. It is a project/corporate formation issue.

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    Charles Foster

    Immigration Attorney
    Answered on

    You would need to ask for a reconsideration of your case, if it resulted in the denial of your immigrant visa. As an investor in an EB-5 regional center, typically you would be a limited partner and would not have any active day-to-day operations or policy-making responsibilities whatsoever. It is very clear that your limited partnership interest is sufficient. Thus, you need to file a motion for the reconsideration of any adverse decision.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your role should be as a limited partner.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would need to look at the explanation of your duties in the project documents. Generally, investors having voting rights on company policy matters (akin to a shareholder or board position) has been sufficient. This may be just an overzealous officer.

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