We would like to clarify a few points regarding the EB-5 structure when a project sponsor rents or affiliates with a Regional Center. Is it correct that the NCE Manager controls the EB-5 investment funds, and the Regional Center does not control the capital? Does the RC mainly provide sponsorship and oversight for EB-5 compliance?
Once the project is completed, does the JCE return the funds to the NCE, and then the NCE Manager distributes the capital back to the EB-5 investors? The Regional Center is not directly involved in the return of capital, right?
Does the Regional Center have any role in the decision-making process regarding when and how the EB-5 capital is returned to investors, or is that decision solely controlled by the NCE Manager in accordance with the NCE operating agreement?
Answers
Lynne Feldman
EB-5 Immigration attorneysI don’t think there is a one size fits all. The logistics vary depending on the specific arrangement. A private project may have with the affiliate Regional Center.
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