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Another program within the EB-5 category is known as the Regional Center “Pilot” program.  This program is ideal for the retiree or inactive investor due in large part to the “indirect employment creation” requirement and possible limited partner features of this program.  The regional center program removes the 10 employee requirement of the regular program and substitutes the less-restrictive “indirect employment creation,” which allows the investor to qualify for an EB-5 investor green card without hiring 10 people in the company that the investor has invested in.

Also, the EB-5 management requirement is minimal in that the investor can be a limited partner with only a policy-making role and still qualify.  Thus, for those who are not interested in day-to-day management or running an active business, regional center programs offer a more acceptable form of investment for the inactive investor, than do most regular program investments.  Another advantage of regional center programs is that the investor is not required to live in the place of investment; rather, he or she can live wherever he/she wishes in the United States.

Regional center EB-5 petitions are given priority by USCIS, which will often result in a quicker approval.  Each regional center program must be pre-approved by USCIS in order to be eligible to apply for EB-5 green cards.

In the typical regional center investment, the alien will invest $500,000.00 ($1 million in some centers) and he or she will acquire a partnership interest in the investment.  Usually, the money must remain invested for a period of five years, after which time the investor can continue as a partner in the business, or can sell their interest in the investment.  Please visit our “resources page on our website for more information on the regional center pilot program, and a list of qualified regional centers by clicking here.

A petition for employment creation aliens, whether through regular investment or through the regional center pilot program, is filed on immigration form I-526, Immigrant Petition for Alien Entrepreneur.  This petition must be filed with the immigration service center having jurisdiction over the place of the proposed investment.  When the petition is approved, the alien, together with the spouse and unmarried minor children, will file their applications for immigrant visas at a US consulate if they are outside of the United States, or will file for adjustment of status with the immigration service if they are in the United States and eligible for adjustment of status.

In order to deter investor/employment creation visa fraud, the law provides for a two-year conditional permanent residence status.  Between 21-24 months after the conditional permanent residence has been approved, the investor must reconfirm that the investment has been made or is still in place and that the employment requirement has been fulfilled or maintained.  At that time, the investor will file Form I-829, Petition by Entrepreneur to Remove Conditions, with USCIS.  If the investor has complied with all conditions of the investment, and no fraud is found in the petition process, the conditions will be removed and permanent residence will be granted.