For regional centers, what does the USCIS certification process look like?

To become a certified regional center, one needs to file Form I-924 and meets all requirements associated with I-924 to qualify as a regional center. Also, be fully prepared to actually proceed to engage in a relevant commercial venture or embark on projects with which the regional center was set up in the first place. This is necessary so as not to lose the designation as a regional center if the entity is needlessly dormant and inactive after its certification.

In order to apply for regional center designation, you will have to complete Form I-924, pay the filing fee and submit various documents showing the principals, the project(s) and how this will promote economic growth in the region. If you wish to apply for exemplar approval for a project, a copy of the I-526 Filing Package should also be included.

When you want to establish your own regional center, you should consult with an experienced immigration attorney, preferably one Board-Certified with significant experience in establishing and representing EB-5 regional centers and their projects, and in obtaining exemplar approvals. With experienced counsel, you can evaluate whether or not you should establish your own regional center or use an established regional center that covers the location of your project. Today, it is a time-consuming and expensive process to establish your own regional center. You can also do both; start the process of establishing your own regional center while marketing your project through an established regional center whose footprint covers the location of your project. You must also determine whether or not your project would be viable in the current market, and whether or not you can structure your project in such a way that it would be marketable in the various EB-5 investor markets where many agents and investors are very sophisticated and will compare your project with many other projects already in the marketplace.

You have to submit an application for regional center designation (form I-924). It is a multi-step process that requires heavy document preparation including an exemplar project documentation along with an economist report, as well as structural documentation for the regional center.