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  • News: USCIS Provides Suggested Order of Form I-924 Documentation

    Suggested Order of Form I-924 Documentation

    The following is the suggested order of documentation accompanying Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program. You can find the initial evidentiary requirements identifying required documentation at 8 C.F.R. § 204.6 and in the Form I-924 instructions.


    1. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

    Form G-28

    2. Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program

    Form I-924

    3. Cover Letter

    Cover letter with exhibit index (highly recommended)

    4. Map or Illustration of geographic area of regional center

    List and map or other illustration of the geographic components of the regional center

    5. Plan of Operation, which must explain how:

    • The regional center will promote economic growth with respect to increased export sales, improved regional productivity, job creation, or increased domestic capital investment within the geographic area of the regional center
    • EB-5 investors will be recruited
    • The capital investment opportunities will be offered
    • Potential investors will subscribe or commit to the investment
    • The regional center will conduct its due diligence to ensure, among other things, that only lawful sources of immigrant investor funds are associated with the regional center’s new commercial enterprises (NCEs)
    • Any and all fees, profits, surcharges, or other remittances that will be paid to the regional center or any of its principals, managing companies or agencies, or agents through the NCEs into which EB-5 investors will invest capital

    6. Prediction of capital investment impact

    • General prediction which addresses:
      • Prospective economic impact sponsored by the regional center
    • Prospect for increases in household earnings
    • Demand for business services, utilities, maintenance, and repair
    • Construction inside and outside the regional center
    • Using North American Industry Classification System (NAICS) codes, present an economic analysis that relies on economically or statistically valid forecasting tools to show how jobs will be created for each industrial category of economic activity

    7. Methodology to track capital investment

    • Statement from the regional center principal that explains the methodologies that the regional center will use to track the infusion of each EB-5 investor’s capital into each NCE and any related job-creating entities
    • Statement from the regional center principal that explains how the regional center will allocate the jobs created through the EB-5 investments in the NCE and/or job creating entities to each associated EB-5 investor

    8. Promotional activities

    • Detailed description of the past, present, and future promotional activities for the regional center, including a description of the promotion efforts taken and planned by the sponsors of the regional center, such as:
      • Budget for these activities
    • Evidence of the funds committed to the regional center for these activities

    9. Organizational structure and compliance with EB-5 requirements

    Full description and documentation of the organizational structure of the regional center entity, which may include:

    • Description and documentation of the business structure of the regional center entity, such as:
      • Articles or certificates of formation
    • Bylaws
    • Partnership or LLC agreements
    • Other formation and governing documents for the regional center entity
    • Draft memorandum of understanding, interagency agreement, contract, letter of intent, or similar agreement to be entered into for any other party, agency, or organization to engage in activities on behalf of, or in the name of, the regional center

    10. Exemplar (Sample Form I-526 project), if applicable

    If filing an amendment (whether to an initial designation, or to add or revise a new commercial enterprise, or to add or revise an exemplar (sample Form I-526 project)), provide the evidence listed in categories 1-9 that the regional center is currently amending or that has changed since USCIS approved the initial application.

    Also the regional center must:

    • Explain how the NCE will create at least 10 new full-time jobs for qualifying employees
    • Identify the form of EB-5 investment, such as equity stake, loan, or other financial arrangement
    • Identify any and all fees, profits, surcharges, or other remittances that will be paid to the regional center or any of its principals, managing companies or agencies, or agents through the NCE
    • Provide a detailed, comprehensive, and credible business plan for the NCE that:
      • Shows that the proposed plan of operations of the NCE is feasible under current market and economic conditions
    • Includes an economic analysis using economically or statistically valid tools to forecast how the NCE’s activities will create qualifying jobs.
    • Identify the anticipated minimum capital investment threshold into the NCE, for each immigrant investorIn addition, the exemplar application must show that the capital investment offering instruments, business structure, and operating agreements of the NCE that will be associated with the regional center comply with the EB-5 statutory and regulatory requirements and binding precedent decisions. Submit evidence such as:
    • A description and documentation of the business structure of the NCE that will be associated with the regional center, such as articles or certificates of formation, bylaws, partnership or LLC agreements, or other formation and governing documents for the NCE
      • A draft subscription agreement for investment into the NCE
      • A draft escrow agreement and instructions, if any
      • A list of proposed financial institutions that will serve as escrow agent, if any
      • A draft offering letter, private placement memorandum, or similar offering document to be provided to an immigrant investor relating to capital investments through the regional center and in the associated NCE
      • A draft memorandum of understanding, interagency agreement, contract, letter of intent, or similar agreement to be entered into for any other party, agency, or organization to engage in activities on behalf of, or in the name of, the NCE

    11. If amending a New Commercial Enterprise (NCE)

    If filing an amendment (whether to an initial designation, or to add or revise a new commercial enterprise, or to add or revise an exemplar (sample Form I-526 project)), provide the evidence listed in categories 1-10 that the regional center is currently amending or that has changed since USCIS approved the initial application.


    Last Reviewed/Updated:
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