The regulations at 8 CFR 204.6(m)(6) require that an approved EB-5 Regional Center, in order to maintain the validity of its approval and designation must continue to meet the statutory requirements of the Immigrant Investor Pilot Program by serving the purpose of promoting economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment.
Therefore, once approved and officially designated, in order for the USCIS to determine whether an EB-5 Regional Center is in compliance with the above cited regulation, and in order to allow for the continued operation as a USCIS approved and designated Regional Center, the administration, oversight, and management of a Regional Center must be such as to monitor all investment activities under the sponsorship of the Regional Center and to maintain records, data and information on a quarterly basis as follows:
- The principal official and point of contact of the Regional Center responsible for the normal operation, management and administration of the Regional Center.
- How you are administering the Regional Center and are actively engaged in supporting a due diligence screening of its alien investors’ lawful source of capital and the alien investor’s ability to fully invest the requisite amount of capital.
- How the Regional Center is actively engaged in the evaluation, oversight and follow up on any proposed commercial activities that will be utilized by alien investors in order to create direct and/or indirect jobs through qualifying EB-5 capital investments into commercial enterprises within the Regional Center.
- The name, date of birth, and alien registration number of each alien investor who makes an investment and files an I-526 Petition with USCIS, specifying whether the petition was approved, denied, or withdrawn by the petitioner.
- The country of nationality of each alien investor who makes an investment and files an I-526 Petition with USCIS.
- The U.S. city and state of residence of each alien investor who makes an investment and files an I-526 Petition with USCIS.
- The categories of business activity within the geographic boundaries of the Regional Center that have received the alien investors capital, and in what amount.
- The names of the members and locations of each job creating commercial enterprise located within the geographic boundaries of the Regional Center that have received alien investor capital.
- The amounts of alien investor capital and the amounts of other domestic capital that has been invested together in each job creating commercial enterprise specified in item 8 above, distinguishing the separate totals for each.
- The total aggregate number of approved EB-5 alien investor 1-526 Petitions per Federal Fiscal Year to date made through the Regional Center.
- The total aggregate number of approved EB-5 alien investor 1-829 Petitions per Federal Fiscal Year to date through the Regional Center.
- The total aggregate of EB-5 alien capital invested through the Regional Center for each Federal Fiscal Year to date since our approval and designation.
- The combined total aggregate of “new” direct and/or indirect jobs created by EB-5 investors through the Regional Center for each Federal Fiscal Year to date since official approval and designation.
- If applicable, the total aggregate of “preserved” jobs by EB-5 alien investors into troubled businesses through the Regional Center for each Federal Fiscal Year to date since official approval and designation.
- If for any given Federal Fiscal Year the Regional Canter does not have investors to report, then they must provide an explanation for the inactivity along with a specific plan which details timelines and steps to actively promote the Regional Center program, and recruit legitimate and viable alien investors.
- Notification to USCIS within 30 days of the occurrence any material change in the structure, operation, administration, focus, or activities relating to the Regional Center’s basis for it’s most recent designation and/or reaffirmation by USCIS.
- The total aggregate of EB-5 alien capital invested through the Regional Center for each Federal Fiscal Year.
Note: The above list is not intended to be all-encompassing. Each approved Regional Center will need to first and foremost ensure compliance with all of the requirements set forth in their official USCIS designation letter.