Info on establishing a RC


By klezmer41 - Posted on 08 August 2009

I'm wondering what the process is, what forms are needed to apply as a new RC. Thanks!

Other than the below regulation, there really is no set form, etc. on establishing a regional center. Our understanding is that USCIS is in the process of getting out an approved form and charging a fee for an application for a regional center.

3) Requirements for regional centers. Each regional center wishing to participate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:

(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;

(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;

(iii) Provides a detailed statement regarding the amount and source of capital which has been committed to the regional center, as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;

(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utilities, maintenance and repair, and construction both within and without the regional center; and

(v) Is supported by economically or statistically valid forecasting tools, including, but not limited to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be exported, and/or multiplier tables.

(4) Submission of proposals to participate in the Immigrant Investor Pilot Program. On August 24, 1993, the Service will accept proposals from regional centers seeking approval to participate in the Immigrant Investor Pilot Program. Regional centers that have been approved by the Assistant Commissioner for Adjudications will be eligible to participate in the Immigrant Investor Pilot Program.

(5) Decision to participate in the Immigrant Investor Pilot Program. The Assistant Commissioner for Adjudications shall notify the regional center of his or her decision on the request for approval to participate in the Immigrant Investor Pilot Program, and, if the petition is denied, of the reasons for the denial and of the regional center's right of appeal to the Associate Commissioner for Examinations. Notification of denial and appeal rights, and the procedure for appeal shall be the same as those contai ned in 8 CFR 103.3 .

(6) Termination of participation of regional centers. To ensure that regional centers continue to meet the requirements of section 610(a) of the Appropriations Act, the Assistant Commissioner for Adjudications shall issue a notice of intent to terminate the participation of a regional center in the pilot program upon a determination that the regional center no longer serves the purpose of promoting economic growth, including increased export sales, improved regional productivity, job creation, and increased d omestic capital investment. The notice of intent to terminate shall be made upon notice to the regional center and shall set forth the reasons for termination. The regional center must be provided thirty days from receipt of the notice of intent to terminate to offer evidence in opposition to the ground or grounds alleged in the notice of intent to terminate. If the Assistant Commissioner for Adjudications determines that the regional center's participation in the Pilot Program should be terminated, the Assistant Commissioner for Adjudications shall notify the regional center of the decision and of the reasons for termination. The regional center may appeal the decision within thirty days after the service of notice to the Associate Commissioner for Examinations as provided in 8 CFR 103.3 .

I'm assuming, based on what I read here, that there has been an extension to the deadline for establishing a RC? Or can you provide comment on what the future holds for contemplated RC applications? I read your statement that your impression is there may be too many RC's already but that the majority of those approved may in fact be inactive. If that is the case and based on the list of RC's I've seen, is there in fact perhaps a need for additional quality RC's for investors to choose from?

It is widely expected that the RC Program will be extended by at least for 3 more years, if not made permanent on or before the current expiration date of September 30th 2009. When I said "inactive", I did not mean that these RCs were not functioning; I meant some have not yet come out with any EB-5 project because of bad economy and other reasons. Some may be waiting for an upturn in economy for all I know.

Yes, if the RC Program is of very high-quality; but without the track record to prove anything, it's hard to argue whether a particular RC Program is of high quality. Also, when it comes to EB-5 law, you are dealing with a situation where USCIS still has not clarified many of the issues.

Yes, you are right, many RCs are not actively attracting alien investors. For more discussion, you can contact me at info@briansu.com