Setting Up EB5 Regional Centers by Lei Jiang Law Firm

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There are five employment-based immigrations under the current law. The fifth is reserved for foreign investors.  It was created by the Congress in 1990 with a goal stimulating U.S. economy and job market. The amount of fund required to invest is $1 million ($500,000 for certain areas) and the number of jobs need to be created is at least 10.

There are two ways for foreigner to invest and immigrate through this fifth category.  One is direct investment to an U.S. enterprise. The other is to invest through so called “EB5 regional center (RC).”  EB5 regional center was created by the Immigrant Investor Pilot Program in 1992. It is an economic entity for the purposes of regional economic growth and job creation.   In order to become a regional center, the entity must go through a lengthy process to be designated by USCIS.  Many corporate documents, security documents, business documents and certain analysis must be prepared and submitted together with an immigration application for such designation.

Scope of Work

We have helped clients/business entities to set up regional centers to manage and invest funds from foreign investors.  The scope of work for setting a regional center is extensive.  Here is a basic sketch of what it entails, (performed by immigration attorney and other professionals),  

  • Initial incorporation and filing
    • Initial verification on all criteria & financial projections
    • Design ownership structure of RC
    • Design ownership structure of EB5 investors
    • Initial incorporation of Regional Center and related entities
    • Preparing corporate documents, e.g.,
      • Shareholders agreement
      • Operating agreement
      • Partnership agreement
      • Bylaw
    • Geographic area designation
  • RC Business contracts:
    • Contracts with management companies
    • Contracts, agreements, & memorandums with affiliated entities
  • RC Business plan                              
    • Operational Plan for RC, (both TEA & non-TEA)
    • Overall Business Plan
    • Exemplar I-526 Project Plan
    • Description of promotional/marketing activities
    • Plan for Due Diligence (screening)
    • Plan for General Management
    • Investment Mechanisms and Approaches
  • RC Business plan for 1st project
    • Business Plan for 1st Project
    • Operational Plan (recruiting)
    • Plan for Management
  • Economic report
    • Economic report
    • Market analysis
    • Budget plan
    • Forecast
  • EB5 Corporate Securities:
    • Partnership Agreement
    • SEC offering documents
    • Private placement memorandum
    • Subscription agreement
    • Escrow agreements
    • Operating agreement
    • Letter of intent
    • Questionnaires & other related documents
  • EB5 immigration petitions:
    • Check for compliance on all business plans, reports, and models
    • I-924 initial filing
    • Answer and supplements to RFE if applicable
    • Communication with USCIS

If you are interested in setting up a regional center for the purpose of attracting foreign investment, Please contact Lei Jiang Law Firm for an EB-5 Regional Center Package.  We provide a tailored and excellent service in this area.

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