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What are Pilot Programs/ Regional Centers?
In 1993 the INS (now called the "USCIS") offered the
aforementioned "Regional Center Pilot Program". In the this
variant, the investor invests not directly in his own business, but
rather in a fund, previously approved by the U.S. government, that
manages businesses creating jobs in rural or high unemployment
areas (defined as 150% or more above U.S. average).
The program was reorganized in 2003 so that all regional centers
would be reviewed, approved or denied, and monitored by the newly
created "Investor and Regional Center Unit" within the USCIS. The
newly reformed and reinvigorated "Regional Center" EB-5 Pilot
Program is now an exciting new possibility for investors interested
in obtaining permanent residence for themselves and their immediate
families. By investing $500,000 in a U.S. government approved
business fund that will create jobs in higher-than-average
unemployment or rural areas in the U.S., individuals can obtain a
"green card" within two years. Investors may live anywhere in the
U.S. If the visa is not approved, the investor's money is returned.
If the visa is approved, most centers offer a 5 year exit
strategy.
A Regional Center is an area designated by the USCIS as eligible
to receive immigrant investor capital. They are especially
attractive because investors may rely on indirect job creation
rather than directly hiring ten employees.
In this program, an individual promoter makes a proposal to the
CIS. If the CIS finds it will benefit a regional economy and shows
potential for providing significant indirect employment, the
project will be designated a Regional Center. With CIS approval,
the promoter forms a limited partnership or corporation. Investors
may apply for green cards upon making the investment.
Investors 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.
Regional Center Investments include:
Real estate limited partnership program that offers an investment
in industrial properties in a specified major city. This program,
which was granted CIS designation as a Regional Center in 1996,
generally involves purchasing low-yielding warehouse properties
with invested funds and converting them into higher-value mixed
used properties, including office space, retail shops and storage
space. Investors participate as limited partners of a limited
partnership, and can earn regular monthly income from tenant
rentals, as well as a percentage share of future appreciation from
the project, when sold. Investment periods vary, but cannot end
before receipt of the permanent Green Card by the investor.
Limited partnership programs make low interest loans to businesses
in a specified major city. Business investment and development in
this type of program targets industry sectors that demonstrate
strong indications of expansion, growing employment needs, and
returns on investments. The Regional Center directs its efforts at
financing projects and developing enterprises within targeted
sectors, including hospitality and tourism, trade, technology,
higher education, and transportation. The investment period of this
program is 5 years.
Government Designated. Some Regional Centers encourage the
perception that, because they are Government designated, the
investment has the Government's stamp of approval. They do not.
Please be aware that all Regional Centers are Government designated
for purposes of immigration. This does not guarantee the quality of
the investment.
At Risk. The law states that a Regional Center investment must be
'at risk'. That means it cannot be guaranteed.
Basically, there are three types of Regional Center
investments:
1. Loan Based Investments
A few Regional Centers now offer 'loan' based schemes, where your
funds are lent to another organization for local infrastructure
projects. A municipality or associated development agency usually
becomes responsible for repaying your capital. Should the
municipality or agency default or restructure its debt, it could be
a long time before your capital is repaid.
2. Equity Investments - active trading businesses
Equity investments are asset based and can be either property or
actively trading businesses. Active trading businesses are managed
directly by the company operating the Regional Center. The active
trading businesses are small and are not on any recognized stock
exchange. They are vulnerable to market forces such as demand and
competition, so their value and prospects are hard to assess.
3. Equity Investments - property
As any fund manager will testify, most investments carry risks,
and that includes property. However, a property without any debt −
and zero debt is the key − carries almost no risk of loss.
Requirements:
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