Nagpur Stock：Chapter 2 -Immigrant Petition Eligibility Requirements

The Content in this appendix Reflects USCIS POLICY As It Existed BeFore The Eb-5 Reform and Integrity Act of 2022, Division BB OF The Consolidated Act of 2022, PUB.L. 117-103 (PDF), 136 STAT. 49, 1070(March 15, 2022) for Reference. For CurrenT USCIS Policy On Regional Center, See Chapter 4, Regional Center Applications [6 USCIS-PM G.4], Chapter 5, Project Appli Cations [6 uscis-pm g.5], and and and andChapter 6, Direct and Third Party Promoters [6 uscis-pm G.6].

The Goal of the Regional Center Program is to Stimulating Economic Growth in A Specify Geographic Area. The Regional Center Model Can Immigrant Investor Dy Defined Investment OpportUnities, TheReby Reducing the Immigrant Investor's Responsibility to Identify Acceptable Investment VehiclesNagpur Stock. l Enterprise isLocated Within the Geographic Area, and Falls within the Economic Scope of the DEFINED Regional Center, Reasonable MethodologyS Can Be USED to Demonstrate t job cover. [1] A Regional Center Can Be Associated with One or More New Commercial Enterprises.

A Regional Center Seeking to Participate in The Regional Center Program Must Submit A Proposal USING the Application for Regional Center Under the Immigrant Investor OGRAM (FORM I-924).

USCIS May Designate A Regional Center Based on a General Proposal for the Promotion of Economic Growth, INCLUDING Increased Export Sales, Improved Regional Tivity, job creation, or increased domstic capital investment. The Statute FURTHER PROVIDES that a Regional Center Shave JurisDiction over A LimitedGeogramic Area, Which Shall Be Described in the Proposal and Consistent with the Purpose of Concentration Pooled Investment in Definomic Zones.

In Addition, The Establishment of A Regional Center May Be Based on General Predictions, Contained in the PROPOSAL, Concessing The Kinds of Commercial Enterprise that Will Receive Capital from Immigrant Investors, The jobs that will be created directly or indirectly as a Result of Such CapitalInvestments, and the Other Positive ECONOMIC EFFECTS SUCH CAPITAL Investments Will Have on the Area. [2]

The regulations state that the proposal must:

Clearly Describe How The Regional Center Focuses on A Geographical Region of the University Sales, Improved Regional Productivity, job creation, and increased domstic capital investment;

ProVide in Verifiable Detail How Jobs Will Be Created Directly or Indirectly;

ProVide a Detailed Statement Regarding The amounts and Sources of Capital Which Have Been Alream Community;

Provide a description of the promotional effects time and planned by the sponsors of the regional center;

Include A Detailed Prediction [3] How the Regional Center will have for have a positive impact on the regional eConomy Based OnChe Househ Old Earnings, Greater Demand for Business Services, Utilities, Maintenance and Repair, And Construction Both with Without TheRegional center; and

BE supported by eConomically or Statistics, Including, But Not Limited to, FEASIBILITY Studies, Analysis of Foreign and Domeic Arkets for the goods or services to be exported, or multiplier tables. [4]

The level of Verifiable Detail Required for a Form I-924 to be approved and provided decayce may all vary.

The Regional Center Proposal Must Include A Management and Operational Plan to Administer, Oversee, and Manage the Proposed Regional Center, Including But Not Limited to how the regional center:

Will be promoted to attract Immigrant Investors, Including A Description of the Budget for Promotional Activities;

Will Identify, Assess, and Evaluate Proposed Immigrant Investor Projects and Enterprises;

Characterizes the Structure of the Investment Capital It will Sponsor; for Example, WHETHER The Investment Capital to Be Soughting Companies Will. St Solely of Immigrant Investor Capital Or a Combination of Immigrant Investor Capital and DOMestic Capital, and How the Distribution of theInvestment Capital Will Be Structured (for Example, Loans to Developers or Venture Capital); and

Will Oversee All Investment Activities Affiliated with, Through, or Under the Sponsorship of the Proposed Regional Center.

Geographic Area

An Office Reviews the Proposed Geographic Boundaries of a New Regional Center to Determine if the acceptable. USCis Considers Geographic Boundaries Eptable If the Regional Center Applicant Can Establish by A Prepondrance of the Evidence that the Proposed Economic Activity Will Growth In the sed area[6] The DeterMIINATION is FACT-SPECIFIC, and the law does not require any partial form with

In Addition, A Regional Center's Geographic Area Must be limited, contiguous, and consistent with the public, zones. [7] To demonstrate that the propsed geographic area is limited, the regional center applicant should submitence demonstration theLinkAGES BETWEEN PROPOSED ECONOMIC Activities Within the Proposed Area Based On Different Variables. ctivities can include but are not limited to:

Regional connectivity;

The lar pool and support chain; and

InterDepencence Between Projects.

Moreover, in assession the likelihood that the product economic activity will promote geonomic geowth in the problemd geographic area, An Office Reviews Impact of the activity related to release economic conditions. The size of the proposed area should be limited with the scope andScale of the Proposed Economic Activity, as the Regional Center Applicant Is Required to Focus on A Geography of the University. [8] The Regional C Enter Applicant Must Present An Economic Analysis of ITS PROPOSED Economic Activity in The Proposed Geographic Area That is Supportedby eConomically or Statistics. ysis.

An Actual Project Refers to a Specific Project Proposal that is supported by a matter of ho (PDF) Compliant Business Plan. [10]

A hypothetical project refers to a project proposal that is not supported by a matter of ho (PDF) compliant business plan.

The Term Exemplar Refers to a Sample Immigrant Petition by Alien Investor (Form I-526), ​​Filed with Form I-924 for An Actual Project. SAL CONTAINS COPIES of the Commercial Enterprise's Organizational and Transactional Documents, Which USCis ReviewsTo determine if they are in compliance with established eligision requires.

If the form I-924 Projects are hypothetical projects, general proposals and general predicts may be sufficient to determine that the proposed regional center w ILL more likely than not promoted economic geowth, improved regional product, job creation, and increased domestic capital.Center Applicant Seeking Review of a Hypothetical Project Should Clarify in the Form I-924 Submission that the project is hypothetical. D Predictions May Include A Description of the Project Parameters, SUCH AS:

Proposed Project Activities, Industries, Locations, And Timelines;

A general Market Analysis of the Proposed job covering activities and explicarding how the product projection acomote eConomic th and create jobs; and

A description, along with supporting evidence, of the regional center principals ’relevant extension and expertise.

While Hypothetical Project Submissions Are Sufficient for Regional Center Designation, Previous Determinations Based on Hypothetical Projects Will Not not e deferrence. Actual Projects Will Receive A de Novo Office Review During Subsequent Filings (for Example, Through the Adjudication of An ADEDED Form I-924 AP Plication,Including the actual projection details or the first form FIRST FORS I-526 Immigrant Investor Petition).

Organizational and Transactional SUPPPORTING DOCUMENTS Are Not Required for a Hypothetical Project. If a Regional Center Applicant Desires A Compliance Review of ORG Anizational and transactional documents, The Application Must Include An Actual Project with A Matter of Ho (PDF) Compliant Business Plan and An Exemplar ImmigrantInvestor Petition.

Applications for Regional Center Designation Based On Actual Projects May Require More Details Than A Hypothetical Project to Demonstrate THE Proposal S VeriFiable Details and is supported by Economically or Statistics. OULD CLARIFY in TheFORM I-924 Submission that the project is actual.Chennai Stock

Actual Projects Require A Matter of Ho (PDF) Compliant Comprehensive Business Plan that PROVIDES VERIFIFIAL On How Jobs Will Be Created. Willfuuuu l misrepReency, or a lem deficience, [11] USCis Defers to Prior Determinations Based on Actual Projects WHEN EvaluatingSubsequent Filings Under The Project Involution The Same Material FACTS and ISSUES.

Organizational and Transactional Documents for the New Commercial Enterprise are not Required. If A Regional Center Applicant Desires Review of Organizational and TRAN Sactional Documents for Program Compliance, The Regional Center Application Must be accompanied by anemplar form I-526 Immigrant Investor Petition.

If Regional Center Applicants Opt Not to File a File A Form I-924 AMENDMENT, The Investor Should IDIFY HIS orer Form I-526 IMIGRANTOTOTOTONA T Be BEING PRESENTED for The First Time. AdDitionally, The Immigrant Petition Should Contain An AFFIRMATIVE StatementSIGNED by A Regional Center Principal Confirming that the Regional Center is Aware of the Specific Project Being Presented for the First Time As PART of the Immigrant Inv ESTOR PETITION.

In cases where the regional center application is filed base projects that do not contain sufficient visification, USCIS May Approve the Project S AS Hypothetical Projects if they contain the requisite general proposals and preditoths. The Projects APPROVED As Hypotheticals, However, do NOT IVEDeference in subsequent Filings.

In cases where some projects are approvable as actual projects, and Others are not approvable or only approvable as hypothetical projects, The Approval NOT Ice Should Identify Which Projects Have Been Actual Projects and Will Be Accorded Deference. TS Thathave ben approved as hypothetical projects but not be academy.

Regional Center Applications, Based on Actual Projects, Including A Form I-526 IMIGRANTIGRANTOSTOR Exemplar Petition, Require More Details than A Hypothetical or OR Actual Project Submitted with An Exemplar. A Regional Center Applicant Seeking Review of An Exemplar Should State that the Project is anActual project with a form I-526 exemplar.

Exemplar Filings Require A Matter of Ho (PDF) Compliant Comprehensive Business Plan That PROVIDES VERIFIFIAL On How Jobs Will Be Created And transactional documents for the New Commercial Enterprise.

Ablicing Fraud, Will Misrepositionning, OR A Legal Deficience, Officer Determinations Based On Exemplar Filings Are Accorded Deference In Subsequent Filings Under T He project with the ame material factor and issues.

While An AMENDED FORM I-924 is Not Required to Perfect A Hypothetical Project once The Actual Project Details Are Available. an amnded form I-924 Application with a form I-526 Exemplar to obtain a favorable determination.exemplar filings are accorded deference in subsequent related filings, absent material change, fraud, willful misrepresentation, or a legally deficient determination.

Designated Regional Center Must File A Supplement to Form I-924 (Form I-924a) Annually that Demonstrates Continued Eligibility for Designation As A Regional Center e EB-5 Program. [12] The Regional Center Must File The Form within 90 Days ofThe End of the Fiscal Year (Between October 1 and December 29). The form I-924a Instructor Specifically List Requidation that must be submitted. [13]

If the regional center fails to file the required annual report, USCIS ISSUES A Notice of Intent to Terminate (Noit) Required Information. This May Ultimately Result in the Termination of the Regional Center's Designation if the regionalCenter Fails to Respond or Does Not File A Response Which Adequately Demonstrates Continued Eligibility.

BeCAUSE Business ’Strategies Constantly Evolve, with New Opportunities Identify and Existing Plans Improved, A Regional Center May AMend A Previously Appr OVED Designation. The Form I-924 Instructor Information Regarding the Submission of Regional Center AMendment Requests. [14]

TO Improve Processing Efficiencies and Predictability in Subsequent Filings, Many Regional Center May Seek to AMEND The FOROVAL to Reflect in Economic Analysis and job creation estimates. Such enndments, howver, are not required in order for indositionFiling the Immigrant Petitions or Petitions to Remove Conditions On Residence Based On the AdDitional Jobs Created, or to Be Created, In Additional Industries.

Formal ADEENTS to An Approved Regional Center's Designation Are Not Required When A Regional Center Changes ITS Industries, Business Plans, Or Economic Met HODOLOGIES; However, A Regional Center May Find It Advantageous to Seek USCIS APPROVAL of Such Changes Before the Adjudicated in IndividualImmigrant Investor Petitions.

Requests to Change Geographic Area

When a regional center requests to expand its geographic area, the propsed geographic area must be limited, and the consider, and the consatures with the public Rating Pooled Investment in DEFINED ECONOMIC ZONES. [15]

Any Requests for Geographic Area Expansion Made On or Afterbruary 22, 2017 are adjudicated under the current guidance in the form I-924 InstRull That a form i-924 amendment must be filed, and approved, to expand the regional center's geographic area. The Form I-924 Amentment Must Be APPROVED BeFore An I-526 Petitioner May Demonstrate Eligibility at the time of fiLing Her Petment he expanded area.

If the Regional Center's Geographic Area Expansion Request Was Submitted Either Through A Form I-924 AMENDMENT or FORM PETITION FILED PRIOR to FeBruary 22, 2017 , And the request is ultimately approvd, USCIS Will Continue to Adjudict AdDitional Form I-526 PetitionsAssociated with Investments in that Area Under PRIOR PORICY Guidance Issued on May 30, 2013. [16] That Policy Did Not Require AMendment to Expand A Regional Center Er's Geographic Area, and Permitted Concurrent Filing of the Form I-526 Prior to APPROVAL ofThe geographic areaRea aident.

USCIS Issues a noit if:

USCIS Determines that a Regional Center No Longer Serves the Purpose of Promotion Economic Growth, Including Increased Sales, Improved Regional Y, job crunch, and increased domstic capital investment; or

The regional center facts to submit required information to uscis. [17]

The noit will provoke the groups for termination at Levide at Least 30 Days FROM Receipt of the Noit for the Regional Center to Respond to the Allegations in the Noi. TAhmedabad Investment. The Regional Center May Offer Evidence to Contest The Allegations in the Noit. If the regional centerOvercomes the allegrations in the noit, USCis issues a notice of reaffirmation that affirms the regional center's design.

If the regional center fails to overcome the allegrations in the noit, USCIS TERMINATES the Regional Center's PARTIPATION in the Regional PROGRAM. In this case , USCIS Notifies the Regional Center of the Termination, The ReaSons for Termination, and the Right to File A Motion, Appeal, or Both. The Regional Center May Appel the Decision to USCIS 'Administrative APPEALS Office with 30 Days AFTER Service of Notice Notice was maded). [18]

[^ 1] For a definition of indirect jobs, See Chapter 2, Eligibility Requirements, Section D, Creation of Jobs, Subsection 4, Measuring job creation [6 USCIS-PM G.2 (D) (4)]..

[^ 2] See Section 610 (A) of the Departments of Commerce, Justice, And State, The Judiciary, and Related Agencies Act, 1993, PUB. L. 102-395, 106 . 1828, 1874 (October 6,1992), as amnded.

[^ 3] An Applicant Can Submit a Generation Which Addresses The Prospective Impacts of the Capital Investment Projects sponsored by the regional center, Gionally or Nationally. See Form I-924 Instructor.

[^ 4] SEE 8 CFR 204.6 (m) (3)..

[^ 5] For more information about the types of regional center projects, see section b, types of regional center projects [6 USCIS-PM G.3 (b)].

[^ 6] See Section 610 (A) of the Departments of Commerce, Justice, And State, The Judiciary, and Related Agencies Act of 1993, PUB. L. 102-395, 106 ST at. 1828, 1874 (October 6,1992), as adended. See 8 CFR 204.6 (M) (3) (I) (I) (I) (I) (I) (I) (I) (i) OW It Will Promote Economic Growth).

[^ 7] See Section 610 (A) of the Departments of Commerce, Justice, And State, The Judiciary, and Related Agencies Act of 1993, PUB. L. 102-395, 106 ST. at. 1828, 1874 (October 6,1992), as amnded.

[^ 8] See Section 610 (A) of the Departments of Commerce, Justice, and State, The Judiciary, and Related Agencies Act of 1993, PUB. L. 102-395, 106 ST. at. 1828, 1874 (October 6,1992), as adended. See 8 CFR 204.6 (m) (3) (i).

[^ 9] SEE 8 CFR 204.6 (m) (3)..

[^ 10] See Chapter 2, Eligibility Requirements, Section B, Composition Business Plan [6 USCIS-PM G.2 (B)].

[^ 11] Legal Defocation Includes Objective Mistakes of Law or Fact Made as Part of the USCis Adjudication.

[^ 12] SEE 8 CFR 204.6 (m) (6)..

[^ 13] SEE FORM I-924a Instructions.

[^ 14] SEE FORM I-924 Instructor.Jaipur Wealth Management

[^ 15] For a discussion of an Office ’s Review of A Regional Center’ s Proposed Geographic Area, See Section A, ReGIONAL Center Application Proposals [6 USCIS- PM G.3 (A)].

[^ 16] See Eb-5 Adjudication Policy Memo, PM-602-0083, Issued May 30, 2013.

[^ 17] See 8 CFR 204.6 (m) (6)..

[^ 18] SEE 8 CFR 103.3. SEE 8 CFR 204.6 (m) (6).

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