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*This information is not an offer of securities, or a solicitation of an offer to purchase securities. Offers of securities for this investment will be made solely by Confidential Private Offering Memorandum for this Offering (the “Offering Memorandum”) to qualified individuals.
*Offerings of the securities for this investment are made solely pursuant to the terms of the Offering Memorandum, which includes a detailed description of the terms of the offering, the Project and the risks of investment in the Offering. Investors must review the entire Offering Memorandum before making any investment decision to invest in this Project, and must rely solely upon the terms set forth in the Offering Memorandum with regard to their decision to invest in this Project. Any information provided outside of the Offering Memorandum should not be relied upon in making any investment decision, including the summary information provided for convenience on this website.
*Prior to the sale of any security to any investor currently living in the U.S. or visiting the U.S., the issuer will require such investors in the offering to provide information necessary to verify that such investors qualify as an accredited investor, as required under SEC Rule 506(c).
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*An investment in this Project involves a high degree of risk of loss of the investment, as described in further detail in the Offering Memorandum. Investors should not invest in this Project unless they can bear the potential for the loss of some or all of their investment. There can be no assurance that any investor in this Project will receive approval of their I-526 petition or the return of their investment in this Project. Investors must review the Offering Memorandum to obtain further information regarding the risks of investment.
*A small number of applicants had a rejected I-526 due to administrative error unrelated to the project
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EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through an investment that creates jobs in the U.S.   

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How Do I Set Up My EB-5 Regional Center?

 

Every year, more foreign investors look to invest in the United States economy and, in exchange, obtain residency for successful projects. These investors look to regional centers for their best chance of success because these economic clusters provide a better opportunity for job growth, and regional centers allow investors to take advantage of indirect job creation.

The USCIS only approves a certain number of regional centers each year, but even so, there has been an increase of nearly 1,000% within the last decade in the number of regional centers approved and active inside the country.

The application process for becoming a United States regional center requires rigorous planning and may take up to a year for approval, but there are no limitations or special requirements for who can apply for this designation. Anyone who meets the requisites to file may set up an EB-5 regional center and begin sponsoring foreign investors.

You might find yourself thinking, “how do I set up my EB-5 regional center?”

With the right team, setting up an EB-5 regional center is not difficult, but the care for the economy and the resources provided for the investors will make all the difference. A regional center is as successful as its investors, so choosing the right projects and sponsoring qualified investors while maintaining USCIS compliance is of the utmost importance.

In this article, the team at EB5Fast details how individuals looking to help bolster the United States economy can set up an EB-5 regional center, what a regional center is, and considerations that must go into creating and filing for regional center status.

What Is An EB-5 Regional Center?

An EB-5 regional center is any organization designated by the USCIS to sponsor capital investment projects from foreign investors. Regional centers help EB-5 investors by providing an investor with resources, such as immigration attorneys, business planners, and consultants.

These centers provide an economic cluster which may help the investor reach their pre-requisite qualifications by taking advantage of the indirect job creation that these investments make, rather than relying solely on direct full-time job creation efforts.

A regional center is responsible of tracking any job creation trends and requirements for all projects. Regional centers must also file and pay for annual compliance reports and comply with any applicable reporting with any state and local agencies that regulate securities. These steps will help the regional center maintain compliance with the USCIS and continue to boost the economy within and around the economic cluster.

Why Set Up an EB-5 Regional Center?

Designating a cluster of businesses as an EB-5 Regional Center through the USCIS is becoming more popular within the United States as more foreign investors are looking to invest in the economy in exchange for conditional residency.

For an investor to receive their visa through the EB-5 program, investments made in a business must directly create a certain number of full-time or otherwise qualified jobs for United States citizens. This is an excellent way to bolster a local economy and begin providing benefits in areas that have lacked economic growth in previous years. If these investments are made through a regional center, these funds may be spread out among several businesses within an economic cluster. These clusters provide a substantial contribution to the United States economy as many are centered around tourist destinations and state attractions. (1)


“Nearly $11 billion of capital investments in EB-5 projects through regional centers supported more than 355,000 U.S. jobs over just a two-year period.”

Ali Jahangiri


It is estimated that nearly 95% of all foreign investors make their investment through a regional center. A regional center gives the investor a higher chance of success than an individual business, and regional centers may take advantage of indirect job creation, lessening the investor’s difficulty in meeting all pre-requisites for conditional residency.

The EB-5 visa program is always changing, with new regulations enacted through the USCIS every year, so it is important to keep up to date with new policies and changes that may affect your regional center.

Considerations to Make Before Applying for Regional Center Status

For a regional center to be considered for USCIS designation, there are several qualifications it must meet. The regional center’s geographical reach must be defined in one contiguous region. Additionally, the prospective regional center will need to show the economic benefits for each activity within that area, and how these projects will create jobs for the United States citizens in and around the new economic cluster. This should include both immediate, near-term jobs, as well as a projection for future job growth.

Furthermore, the application will require that you keep detailed documentation describing the regional center’s plans on finding investors, evaluating projects, structuring investment funds and overseeing investments.

In addition to any developmental planning and analyses, regional centers must have adequate capital to begin initial developments before they attract any investors. The source of the funds must also be approved by the USCIS. After the application is sent, the USCIS will typically reach a decision on the status of the regional center between seven and twelve months.

Below are some considerations prospective regional centers may check before detailing their application plans:

Geographical Location

Depending on the geographical location, the regional center application may have a greater chance at approval. Centers that include multiple counties or an entire state. The center must economically impact the area around the regional center, not just the businesses within it.

Economic Designation

Every regional center must have a principle economic activity, whether it is real estate, hospitality, entertainment, or others. A regional center may choose more than one economic activity in an amended application. The application must provide evidence of economic benefits and job potential for each economic activity.

Targeted Employment Areas (TEAs)

If the regional center is within a Targeted Employment Area, otherwise known as a TEA, then the minimum amount of investor capital required is lowered. This amount may vary depending on updates to the USCIS policy. Projects outside a TEA will require a larger investment but may also attract fewer investors.

A TEA is defined as an area with a high unemployment rate of 150% above the national rate, or a rural area that contains less than 20,000 outside of any metropolitan statistical area or towns.  

How Do I Set Up My EB-5 Regional Center?

The application for becoming a regional center is rigorous and requires several steps followed exactly and thoroughly for the best chance of approval. Below are several things that any regional center will need, however, this list is not exhaustive and individual applications may require additional expertise and steps depending on the economic activity.

By building a regional center, an individual is not just bolstering the United States economy, but they provide the investors with resources to help their investment to the best use. Regional centers are only as successful as the investments made in them, so looking out for the interests of the investors is key to keeping the regional center in operation.


Your Regional Center Team

A regional center will require the expertise of immigration attorneys, economists, business planners, business consultants, and escrow agents.

Immigrations attorneys are necessary to help both investors and the regional center review document, file petitions, organize documentation, and maintain compliance with all USCIS laws.

Economists can help plan the development of the regional center and provide additional assistance to investors who are looking to begin a new business within the regional center. Economists may also help project job creation, forecast changes with TEAs, and provide advice on future plans for the center.

Business planners help investors outline and draft their documents for the investment application process. These plans often outline the time frame for job creation and the level of growth expected.

Business consultants analyze the potential risks involved in an investment and prepare official and transactional documents. The business consultant works closely with the investor to ensure they are making a sound investment that is beneficial for both the investor and regional center.

Escrow agents protect the investor’s capital while they await the approval of their EB-5 application. These agents will retain the investment while the it is being made, releasing only authorized amounts for each designated aspect of the project’s growth according to the business plan and on behalf of an authorized party.

How Many EB-5 Regional Centers Are There?

The number of EB-5 regional centers that currently exist can inform new potential regional centers of the viability of the project and where investments are best made. These numbers are tracked on a state-basis in alphabetical order on the USCIS website, and provide information regarding currently approved regional centers. The USCIS maintains this list of regional centers as an investor resource and relies on the main point of contact for each regional center to update any information regarding individual regional centers.  

As of September 4th, 2020, the USCIS has 685 approved regional centers listed in their database. (2) This list is updated periodically, and the number may fluctuate depending on the year and season. Many regional centers each year fail to meet their qualifications for retaining status as regional center or may be removed from the program due to updates in the regulations and policies of the EB-5 investor program.


“Approval of an EB-5 regional center application does not in any way constitute USCIS endorsement of the activities of that regional center; guarantee compliance with U.S. securities laws; or minimize or eliminate risk to the investor.”

USCIS.gov 


In addition to this number, there are several regional centers that have recently been removed from the program. These regional centers are listed within the USCIS’ database for Regional Center Terminations. Because the numbers presented on the USCIS website is not updated daily, the number of approved and terminated regional centers should be considered an estimate, not an exact number. This is, however, the most accurate database since it is directly managed by the USCIS.

Fortunately, the number of regional centers has been rising in recent years. In 2010, only 75 regional centers existed within the United States, with an additional 104 approved before the year’s end. At the end of 2019, the program sponsored an amazing 794 regional centers approved within the United States. In less than a decade, the program saw nearly a 1,000% increase in the number of regional centers approved. This is promising news for individuals who wish to start their own regional center and create an economic cluster to sponsor EB-5 investors.

References