How does USCIS look upon a regional center that leases itself out? - EB5Investors.com

How does USCIS look upon a regional center that leases itself out?

What are the best practices in a regional center leasing itself to a developer? What are the issues, pitfalls, and exposures – legal and compliance? How does USCIS look upon a regional center that leases itself out?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

USCIS is concerned with compliance with its rules and regulations, and with fighting fraud and abuse. Transparency from the regional center and project is very important, including in lease scenarios.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Regional Centers (RCs) do regularly lease themselves out and the USCIS continues to allow the practice. In determining the issues, pitfalls and both legal and compliance exposures, you have to look at both the leasing agreement and practices of the specific RC that you want to deal with. If you are considering leasing an RC, make sure you employ the service of an EB-5 attorney and pay particular attention to the details of your lease agreement before investing time and money on a lease.

Lei Jiang

Lei Jiang

Immigration Attorneys
Answered on

In general, USCIS is not against a regional center that leases itself out. USCIS will evaluate the project just like other projects. Both parties need to conduct due diligence. If you are the lessee, you should pay attention to USCIS requirements. You should sit down with an experienced EB-5 attorney for further advice.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

The EB-5 policies allow an approved regional center to lease out its designation to an a EB-5 compliant project. The regional center best practice is to review the compliant documents of the project to ensure legal compliance and credibility of the representations.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.