John F. Roth and Associates

EB-5 Regional Center 
Visa Program

How They Qualify
Regional Centers are started by local U.S. businessmen, sometimes in conjunction with local government agencies, that wish to attract investment capital for current or planned business ventures. The investments may be in any lawful business, and vary widely (see descriptions of Centers’ “Economic Growth Activity” below). The Centers must file an application including business plan with the Investor and Regional Center Unit (“IRCU”) of the USCIS.

As part of the application process, the promoter must clearly define the regional area where the businesses will be located. If the promoter seeks a minimum investment of USD 500,000 instead of the standard $1M, he must demonstrate that the region is either a Targeted Employment Area (population greater than 20,000 with unemployment rate 150% of the national unemployment rate) or a Rural Area (geographic area outside of a Metropolitan Statistical Area or the outer boundary of a city with a population more than 20,000).

Job creation methodology/model should be supported by sound and accepted economic forecasting tools for the specific geographical focus of the Regional Center. In the past IRCU has accepted Impact Analysis for Planning (IMPLAN),Regional Input-Output Modeling System RIMS II, and other generally accepted economic models.

The proposal should clearly reflect the basic EB-5 Requirements, most importantly:

  • Requisite Investment capital value threshold ($500K vs. $1 million)
  • Active investment provisions
  • Lawful Source of Funds
  • Investment capital at risk
  • Active involvement of Alien Investor
The U.S. government suggests that the following documents be included in the proposal:
  1. A sample agreement or investment offering memo between Regional Center & Alien Investor which lays out key elements of investment in terms of risk, direct investment, describing nature of alien investor’s “active” involvement, with NO redemption, buy back, or loan arrangement between alien & enterprise.
  2. A proposed escrow agreement that describes solely the investment capital at risk (e.g., does NOT include funds for attorney or other service fees)
  3. Clear promotional marketing plans and strategies.
  4. A business plan and supporting documentation which describe:
    • The types or kinds of job creating businesses that will be invested in, and how the Regional Center will focus on specific industries.
    • The organizational structure of the commercial enterprise (e.g., LLC, LLP, Inc., etc.).
    • The amount of capital the alien investor will be required to invest.
    • The timing of the investment.
    • Alien investor’s ownership interest and expected percentage of profit.
    • Roles and responsibilities of all core agencies or organizations in a proposed Regional Center’s operation.
  5. Executed agreements or memoranda of understanding that clearly define, describe or specify the relationship, responsibilities, and obligations.
With CIS approval, the promoter forms a limited partnership (most commonly) or corporation. In a limited partnership arrangement, the day-today operations are managed by the general partners, who usually have more experience and knowledge of the local businesses than do the limited partners. The foreign investor is only a limited partner and generally does not actively participate in the day-to-day management of the limited partnership. Any income from the limited partnerships are distributed to the general partners and limited partners. in a Regional Center do not have to have day-to-day management responsibility or prove the business employs 10 people. Instead, they may rely on industry job multiplier statistics. A Regional Center means that the CIS is satisfied with the job creation potential.


Immigration Petition Statistics
The Centers report the following information through the source indicated below.

Official Name I-526s Filed I-526s Approved I-526s Denied I-526s Pending I-829s Filed I-829s Approved I-829s Denied I-829s Pending Last Updated (Date) Last Updated (Source)
Aero-Space Port International Group 52 48 1 3 38 5 26-Sep-08 USCIS
California Consortium for Agricultural Export 127 106 0 21 9 0 11-Dec-08 Center Website
California Military Bases Export, LLC 23 26-Sep-08 USCIS
Hawaii Regional Center 0 0 0 0 0 0 0 0 2-Dec-08 Center Representative
Los Angeles Film Regional Center 100 0 0 100 0 0 0 0 2-Dec-08 Center Representative
Metropolitan Milwaukee Association of Commerce 8 0 0 8 0 0 0 0 26-Sep-08 USCIS
Pennsylvania Department of Community & Economic Development 132 132 0 0 12 12 0 0 2-Dec-08 Center Representative
Philadelphia Industrial Development Corporation 627 445 0 182 67 11 0 56 2-Dec-08 Center Representative
South Dakota International Business Institute 140 140 0 0 14 0 0 14 26-Sep-08 USCIS
State of Vermont Agency of Commerce and Community Development 44 33 0 11 0 0 0 0 26-Sep-08 USCIS