A key provision of EB-5 Immigrant Investor legislation, the Regional Center provision, is set to expire on September 30.  The Regional Center provision softens the job creation requirement by allowing a tally of indirect jobs created by businesses related to, but not owned by, an investment project to count towards the ten workers requirement.

A Regional Center is defined as an “economic entity. . . involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.”  Under the program, EB-5 investors pool capital to finance projects intended to improve the local economy where the project is located.  The Regional Center program has been popular among foreign investors, with nearly 240 approved by USCIS nationwide.

Stay tuned for further developments.

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Oct. 24, 2011 – A recent legislative proposal by Senators Chuck Schumer (D-NY) and Mike Lee (R-UT) has received considerable attention for its originality, if not its audacity.  Under the “Increasing Home Ownership for Priority Visitors” program, foreigners could obtain a three-year visa to allow presence (but not employment) in the U.S. in exchange for purchasing real property valued at $500,000 or greater and residing there a minimum of six months a year.  While this proposal scores points for originality by addressing two pressing issues (immigration reform and the housing crisis), most practitioners will tell you that as-yet-revealed details of this proposal will likely underscore vast weaknesses as a workable visa category.  Would tracks of foreclosed homes become havens for wealthy Saudi or Chinese investors?  How do you verify the six-month residence requirement without adding bureacracy?  If employment authorization is not embedded, why would wealthy foreigners be satisfied at buying a six-month vacation home with a likely negligible ROI?  Could they obtain dual status to work?  Bottom line: Don’t hold your breath, Donald Trumpski.