Questions and Answers: Project Size Requirement / Regional Center Set Up and Ownership
Posted on 08/26/2011 by Mark A. Ivener, A Law Corporation
Project Size Requirement
Question: In a Regional Center is there a project size requirement, or could it be one investor, with one property, leased to a single tenant that would provide multiple jobs. Is there any way this scenario would work for an individual, or would it be necessary to go the RC route since all the jobs would be indirect?
Response: There is no project size requirement in a Regional Center application. Without all of the details, USCIS cannot speculate about what may or may not be qualifying. The regulations at 8 CFR 204.6(j)(4) outline the requirements for job creation for regular program investors and Regional Center investors. In short, regular program investors must directly create at least 10 full time positions for qualifying employees, while Regional Center investors must show that at least 10 full time positions for qualifying employees will be created either directly or indirectly.
Regional Center – Set Up and Ownership by an Alien Investor
Question: Can the Regional Center be set up and operated by the alien investor?
Response: There is nothing that prohibits ownership of a regional center entity by an alien.
Taken from USCIS Quarterly EB-5 Stakeholders Meeting on June 30, 2011
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