What options are available if an EB-5 Regional Center application is denied?
If a regional center application in say Lee County Florida is denied, can a center dealing with EB-5 programs in other areas still be set up? Or would that be like applying to set up an EB-5 center in another area? Also, with the attorney side of the Regional Center representation, can the attorney be employed solely by the Regional Center or do they just work in conjunction with one another?
It will depend on why the application was denied. You may always reapply for accreditation. Your regional center attorney will represent you. Depending on their situation they may also represent other regional centers. Please contact Rahbaran & Associates for further information.
You can file a motion to reconsider or appeal to Office of Administrative Appeals if motion to reconsider is denied. You can also file a new I-924 petition. It is important to know why the initial I-924 was denied. You can set up a new regional center. An attorney can be employed by a regional center or be hired to represent one. You should consult an immigration attorney to review your situation.
It seems the question relates to a denial of the regional center application itself and not the denial of individual investor applications. The answer to whether an application can be salvaged is going to depend on the basis of the denial. Some unsuccessful applications have been overturned with further documentation and explanation. I''m not sure I completely understand the second question, but the short answer to whether a different EB-5 regional center can be set up is yes, either in the same region or a different region. Doing so would involve a brand new application. Regarding the next question, again I find it a bit confusing. An attorney has to take care to represent clients so that there is not a conflict of interest. Some attorneys will represent both regional centers and investors on the same transaction using a signed conflict waiver from both parties, while other attorneys will only represent one side of the transaction. Representing two different regional centers, however, is not a conflict in and of itself.
A denial by itself generally does not affect one''s ability to apply for another RC in the same area or another area. The merits of the RC application would be evaluated as if it were new application. Attorneys can typically work for the RC itself, or just in conjunction with it.
A denial normally means you must start over. A request for evidence or notification of an intent to deny from the US Citizenship and Immigration Services permits the submission of more information which can supplement the pending application and avoid starting over if the application is approved. An attorney working for the Regional Center could in theory represent other parties to the investment but this could inherently create a conflict of interest and should be avoided unless the investor has received full disclosure of the potential conflict of interest, has independent counsel review any written agreement in which the investor waives the conflict of interest and signs the same. It is more prudent to have independent counsel from the Regional Center.
Without knowing the basis for the denial, it is difficult to answer this question. Suffice it to say however that regional centers do not have an ''exclusive'' on a territory and thus can apply in same territory of another regional center usually for a different project. Also, the economic and business plans will normally differ causing a new review by USCIS. Attorney representation should be confined to representing one client only, although in some circumstances a dual representation can ethically and legally be possible with notice to all parties and their approval.
It is not clear from your question if the Regional Center project application (I-924) was denied or if an immigrant petition (I-526) was denied. If the I-924 was denied for a project that a regional center had submitted to the USCIS, then the regional center should either redo their business plan and economic jobs projection for that project or find another project and submit the I-924 for that project. If the I-526 was denied, the investor could choose another regional center altogether or another project that particular regional center may have and refile the petition. As to the attorneys, while there are attorneys who represent both the regional center and also investors for that regional center, I think in order to avoid any appearance of conflict, a careful disclosure to the investor should be made. An EB-5 investor has the right to choose his/her own counsel, who will be their advocate only and not tied to the regional center attorney. The investor''s attorney often work with the regional center attorney to put together the petition but I would advise against they being the same person to avoid any possibility of conflict.
If your application is denied, any action you would take in another geographical area would be equivalent to setting up a new regional center. You would need a new project with new econometric figures. An attorney can work for a Regional Center as an employee or as outside counsel. That would be for you and the attorney to work out.
There are no limitations on how many EB5 Regional Centers that can be established in any one area.For instance, one city may have 10 EB5 Regional Centers. If a EB5 Regional Center Application is denied then an Appeal may be filed or a new Application may be filed.You will have to, with the help of a US Immigration Attorney,determine which process is going to be shorter of longer. There can be many organizational infrastructures which can be analyzed with the assistance of a qualified attorney.