分类
EB-5

EB5 Regional Center Questions and Answers

更新(2026年10月):EB-5最新信息请参阅2026年10月EB-5最新情况:项目还在,价格要涨了。

Question: What is difference between direct investments and regional center investments? Does the processing time differ? I want to choose the best way to do it.

Attorney Lei Jiang: For individual investor, there should not be much difference in the processing time. Direct investment relies on direct job creation while regional centers can rely on direct and indirect job creation. Therefore in this regard, investing in a regional center project is normally safer than investing in a U.S. company directly.

Question: I plan taking Regional Center 500K Investment Route for Green Card. USCIS site says current processing time is 12 months. Currently I’m holding B1/B2 Visa & have been visiting US regularly for the past 10+ Years. One of the attorneys has assured me that after identifying & subscribing to EB5 Program, a B1/B2 Visa holder can enter US and while petition is pending. He (Attorney) can get the permission from authorities to allow me to come back legally & conduct business. But I’ve heard conflicting opinions. Could you help me on this?

Attorney Lei Jiang: You might encounter a problem with your B1 visa because B1 does not allow immigration intent. By filing an EB5 immigration petition, you basically tell USCIS you intend to immigrate to U.S. Consulate has enormous power to reject your B1 visa and its decision is not subject to any review. No attorney can get you permission in this situation.

©Lei Jiang Law Firm 2014.

分类
EB-5

EB5 Regional Center Questions and Answers

更新(2026年10月):EB-5最新信息请参阅2026年10月EB-5最新情况:项目还在,价格要涨了。

Question: I am from India and want to apply for a EB5 through a regional center. The funds  will be a gift for me from someone in US in USD . I want to know if 1) Can the gift from my relative be directly to the Escrow account. 2) If not and the funds need to be transferred to an account of mine then has any one had any problems in opening a bank account for an Indian in US / Canada . I don’t want to get a gift in Indian rupees as it will really complicate the transaction. Do we need to travel to that location to open a bank account?

Attorney Lei Jiang: You can have your relatives send you money to your U.S. bank account. You need to properly document the gift.

Question: We are currently looking at leasing a center while waiting for I-924 approval. We have heard that leasing a center can add additional delays to I-526 applications. Knowing that the first I-526 will have the business plan and economic analysis whether it’s through our own center or one we lease, are there any extra delays to leasing a center as opposed to using our center once approved? It seems like the I-526 will go through the same process, whether is through a center we lease or through our own, so if we lease a center then we could potentially submit our first I-526 sooner than waiting for our center to be approved. It will be a year this December that our I-924 has been pending.

Attorney Lei Jiang: There will be no additional delays. But if you decide to lease a regional center, then your project will be under this leased RC.  This will make your own RC (if approved later) wasted.

©Lei Jiang Law Firm 2014.

分类
EB-5

EB5 Regional Center Questions and Answers

更新(2026年10月):EB-5最新信息请参阅2026年10月EB-5最新情况:项目还在,价格要涨了。

Question: Is it possible that my regional center application may be fast-tracked by the USCIS in exchange for an elevated processing fee?

Attorney Lei Jiang: Not at this time, unfortunately.

Question: I have heard that sales or transfers of Regional Centers have been rejected or have gotten RFEs. I guess that the USCIS may be schizophrenic in their decision making. Has anyone done a deal like this recently? If so, would your firm be open to doing a sale or transfer?

Attorney Lei Jiang : USCIS will want to see that the buyer has the credibility in running a successfully RC. RFEs will likely to be issued.  To structure the sale, some ways are better than others. Please feel free to contact us.

Question: Hello. I currently have F1 visa and am studying at a university here in USA. I am seeking EB-5 through regional center projects. I do not have money myself and my parents will gift to me the whole amount. I am from China. But the question is I don’t know how they gonna prove lawful source of funds. My parents have a small factory and just doing a little business. Most of the money are saved from the profits of the business. They have stock as well, but the deposit money are coming from the business, too, but they have never filed taxes. Does this mean my parents money could be unlawful for EB5? I also find somebody saying about get a loan from the property could be a source, too. My parents have some property that they purchased 10 years ago, but they are saying it was too long ago and may not be able to. I hope I’ve asked my question clearly enough. Thank you.

Attorney Lei Jiang: There are other legitimate ways to produce required documents.  Also the money can come from bank loan using real properties as collateral.

©Lei Jiang Law Firm 2014.

分类
EB-5

EB5 Regional Center Questions and Answers

更新(2026年10月):EB-5最新信息请参阅2026年10月EB-5最新情况:项目还在,价格要涨了。

Question 1. My father is the primary applicant of my family’s EB-5 visa. We obtained the green card through Regional Center Program. However, due to some circumstances, all of my family, except me, has been outside the States for more than one year. Will this be a problem while filing I-829 to remove the condition for me and my family? Thank you.

Attorney Lei Jiang: There could be a serious problem. The general requirement for I-829 (removal of the condition) is that they are in U.S.

©Lei Jiang Law Firm 2014.

分类
EB-5

EB5 Regional Center Questions and Answers

更新(2026年10月):EB-5最新信息请参阅2026年10月EB-5最新情况:项目还在,价格要涨了。

Question1 : Is there difference in term of processing time between direct investment and regional center projects? I am an investor and want to have the fastest I-526 approval time. Can you share what kind of processing times have you seen for each of three cases below? a) Direct investment (creating direct jobs), b) Regional Center project that does not have approved exemplar project, c) Regional Center project that does have an approved exemplar project.

Attorney Lei Jiang: They are pretty much the same. USCIS does not distinguish them.

Question 2: What is a typical return on investment of a regional center project? An EB-5 agent told me that there is a regional center which returns 50% of investment after 2 years. He didn’t disclose its name, so I couldn’t check if it’s true or not. Do you know of such a regional center? Also, someone told me that some applications take less than 6 months to complete.  Is it true?  Is there an expedited option for EB-5?  Thank you.

Attorney Lei Jiang: For your first question, I do not know such regional center that returns 50% of investment after 2 years.  If your condition is removed after 2 year and if agreement allows, a regional center certainly can return 50% of your investment.  But this should be in the limited partnership agreement and other agreement.

For your next question, right now there is no expedited option of EB-5 petition and USCIS takes more than a year to process these petitions.

Question: Is it possible to form a regional center without the start-up capital? I have a great concept for a project for a regional center and have some possible EB-5 investors lined up, but unfortunately I do not have the amount of capital that is needed to form a regional center. I’ve heard that the start-up costs for an EB-5 Regional Center are between $75,000 – $175,000. So what are my options? Also is there a law firm that would work on contingent fee agreement?

Attorney Lei Jiang: They are fees in addition to attorney fees that are absolutely necessary, such as filing fee, fee for economic report, fee for business writer, etc.  You do need that much start-up capital. If your idea is really good, you may be about to convince a bank to loan some money?

©Lei Jiang Law Firm 2014

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