Direct control


By eb5attorney - Posted on 17 May 2009

User's Question: "Based on what we know, we do not have direct control over our investment in a Regional Center. Is there any way we can have direct control over our investments in a Regional Center? We are ready to take risks on our investments."

[Editor's comment: From time to time, we might post some questions emailed directly to us and the answers we provided.]

Yes, what you say is true for all EB-5 RC Projects. This is because for "pooled" EB-5 cases involving many alien EB-5 investors, practically speaking, you have to be a limited partner in a Limited Partnership. If a group of non-US investors wish to have a control, then they have to do a Direct EB-5 project which does not have certain benefits of EB-5 Program. Basically, you have to set up your own EB-5 investment and take more risks and also benefit from greater monetary returns. Let's say if you wish to set up a software company and can create jobs for American workers, Direct EB-5 project would work.

I do not currently reside in USA.
If I apply for EB-5 and already place my investment. But am not able to move to USA immdtly,
a) How long do I get to actually move to and stay in USA?
b) Or is it that: so long as I do the landing procedure and get my conditional GC, I can go back and stay overseas as long as I want, and yet apply for the removal of condition after 2 years. Because my I-829 approval depends on the project I have invested in, and not my personally being in USA.

You have to apply for reentry permit, but you should also consider how you will be able to direct your EB-5 business outside the U.S., especially if you are doing direct EB-5 case.