You are hereFrequently Asked Questions / Regional Centers -- Features, Benefits & Requirements / [HOT] [Q] Can any RC EB-5 project involve a loan directly from individual investors to a job-creating borrowing company?
[HOT] [Q] Can any RC EB-5 project involve a loan directly from individual investors to a job-creating borrowing company?
No, absolutely not. To our knowledge, no RC Program is carrying on this kind of investment structure involving individual EB-5 investors lending directly to a job-creating borrower entity for at least three reasons: 1) it's against EB-5 law; 2) no RC Program would be this ignorant; and 3) USCIS will not approve a regional center with such investment structure. :)
Having said this, however, pursuant to a precedent AAO decision, Matter of Izumii, it is permissible for individual investors to invest (or contribute capital) in a limited partnership which can then lend that money to job-creating business carrying out a project that creates jobs either directly or indirectly (or induced), to foster an economic growth and job-creation in a particular geographic region. In other words, the limited partnership can engage in lending activity.
We believe designated RCs now generally are pretty careful to follow all requirements of EB-5 law, especially in light of the EB-5 RC Program's checkered history.
A somewhat related question: can a group of investors form a LLC to make a loan through the LLC to a job-creating company, in another word without a RC?
No, that won't work in a non-RC context.
I have a question regarding consular processing steps and I am wondering if you can answer it?
My understanding of consular processing: After USCIS approves I-526 petition, it is sent to the National Visa Center (NVC). Once received, the NVC will review applicant's file and request that the applicant submit the necessary immigrant visa documents, including application forms (DS-230?) and civil documents. Then NVC will notify local consular office to schedule interview.
My questions is, when should the applicant notify NVC or consular about his or her derivative (spouse and children)? In other words, the investor will not disclose to USCIS when he or she file the I-526, right?
After the I-526 get approved, to whom that investor should notify about his derivative, NVC or local consular? Use DS-230 form and each of the beneficiary should file one to the local consular?
You can and should list the dependents in I-526. Should notify NVC, but it all depends.