The decision making stage. Selecting the right Regional Center is the single most important decision you can make. Ask questions and do not take the answers given at face value – require proof of what is said. Remember, an approved Regional Center means nothing as all Regional Centers are approved. The research work that you do in this step could mean the difference between success or failure in your immigration pursuits. A proven Regional Center can make the entire process much smoother and they will provide all the services you will need to achieve your goal of obtaining the permanent U.S. visa.
A. Do your own research.
There is a network of agents that get paid to steer you to various Regional Centers. Many are not reputable and are in it for the cash they get paid. What you are looking for is the Regional Center that meets all of your requirements and has a solid, experienced background.
B. Determine the type of Regional Center investment being offered.
Regional Centers take on two different forms of investment; they are either an equity investment or a loan based investment. What is your tolerance of risk? What type of investment are you most comfortable with? Have the Regional Center candidates gotten an approval on a client’s petition in a project? What is the history of the Regional Center on getting I-526 approvals? There are many questions you should ask of the Regional Center, the agent you may be using or the attorney you may employ. (See our section on questions you should ask of all Regional Centers).
C. Ask the right questions.
Many times investors simply do not know the right questions to ask. Remember this investment is not just about the investment dollars. The structure of the investment must meet all the USCIS requirements. If any portion the required performance of the foreign national investor fails, the permanent visa is not granted and the investor cannot stay in the U.S. This means the funds have to be at risk, ten new American jobs must be created, the investment must be maintained throughout the time indicated, the jobs must be in a targeted employment area and more.
D. Choose a reputable and experienced immigration attorney.
EB-5 is a very small portion of the entire practice of immigration law. Ask if the attorney has any specific knowledge in EB-5. Ask for references and contact previous clients to make sure you retain a lawyer with an established reputation. Your attorney should make the application process much easier for you, but the wrong attorney could make it a lot harder and possibly even cost you a visa.
E. Due Diligence on the Investment Proposal.
Do your due diligence on the Regional Center and the investment proposed. Find out as much information as you can about the Regional Center. Who are the owners, operators and managers of the regional center? How long have they been in business? Has their economic/jobs methodology been tested and approved? What is their track record? How many I-526’s and conditional green cards have been approved for the Regional Center’s investor clients? What is the exit strategy? If it is an equity asset-based investment, is it priced fairly and true value set by the market? When and to whom do you sell the equity investment? What is the risk of failure of the investment?
