Which EB5
Useful questions concerning selecting the appropriate regional center for your EB-5 visa application
January 27th, 2010
A list of useful questions for all EB-5 visa applicants

A list of useful questions for all EB-5 visa applicants

Over the past few days we have looked into the questions that really need to be asked when looking at short listing the regional centers that you are interested in. We have given examples of questions which can lead to misleading and somewhat dangerous conclusions. Today we will focus on the question of jobs which we feel can be of significant importance but is often skimmed over or neglected completely.

We have already covered concerns we have resulting from the need of regional centers to create 10 jobs to comply with USCIS requirements. In many cases these jobs, will at some stage, (probably I-829 Removal of Conditions) require evidence such as individual tax records to prove that the jobs exist.

However, there is an interesting alternative that is operated by a very small number of regional centers.

USCIS has accepted the use of economic models based on infusion of capital. If such a model is used to calculate job projections at the I-526 stage an investor could receive credit for job creation at the I-829 stage simply by establishing that he/she invested the requisite amount into the new commercial enterprise, and that the new commercial enterprise spent that capital, regardless of any data about actual job creation. Call us for clarification of this important point. +1-561-771-1330 or email at info@whicheb5.com

USCIS has clarified that this form of capital investment involves more than simply investing a certain amount of investment dollars into a particular industry. An important aspect to any economic analysis model is the feasibility and quality of the business plan that is the basis for determining the appropriate inputs into an economic model, such as RIMS II, IMPLAN, etc. If the infusion of capital occurs according to the approved business plan and economic analysis, and the capital investment scheme comes to fruition in the manner outlined in the business plan, then the economic data provided in support of the Form I-526 petition regarding indirect job creation may be sufficient to demonstrate the creation of the indirect jobs without the submission of further data about job creation at the Form I-829 petition stage.

So what does this actually mean in relation to the jobs aspect – for detailed information contact Which EB5 via phone or email: +1-561-771-1330 or info@whicheb5.com

 
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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person.