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entry

A “Regional Center” is:

An entity, organization or agency that has been approved as such by the Service;

To file an approvable EB5 application the “Alien investors” must:

USCIS determines whether the investor qualifies for the EB-5
visa by adjudicating an application, Form I-526. USCIS’ adjudication
includes a detailed review of the sources of the investor’s funds,
family history, and other representations of the head of household and
his immediate family member under the age of 21.

Once approved for EB-5 status through an approved I-526
application, the investor will apply for permanent residence and will
receive conditional residence for a period of 2 years. Within 90-day of
the expiration of conditional residence, the investor must file a Form
I-829 application to remove the condition, by proving that the requisite
amount of personal capital actually was invested, that at least ten
full-time jobs were created by that investment, and that the investor
“substantially met” the capital investment requirements and sustained
the investment during the conditional two-year period. The investment,
whether private or through a Regional Center, must still be operating
with the exact same purpose as when the original I-526 application was
filed. Failure to timely file that I-829 application to remove the
condition will result in automatic termination of status. So will an
eventual denial of the I-829, at which stage many investors are deemed
not to have “substantially met” the capital investment requirements, but
the Service has been known to leave these applications pending for
years.

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