“Material Change” AAO Decisions Published

The USCIS website has now published the famed “material change” decision involving the Philadelphia Industrial Development Corporation (PIDC), which is managed by CanAm Enterprises. The decision is a scary-must read for all those regional centers out there whose project plans or area demographics might change over time, or who thought they could use bridge loans. I previously posted a summary of the PIDC decision. An additional denial involving Capital Area Regional Center Job Fund has also been published. My summary of the CARc decisions, which also involve material change and acceptable use of funds, can be reviewed below.

The Big Players

The USCIS list of approved Regional Centers has been updated twice this week (8/23 and 8/26), but not with any new centers. So I’ll take a moment to note a few players that sprawl through the list: American Life, a grand-daddy on the list (since 1996) and now behind ten Regional Centers around the country; CanAm Enterprises, which handles a relatively high volume of investment through its centers in Philadelphia, Pennsylvania, Hawaii, and Los Angeles; and America’s Center for Foreign Investment, currently the largest center geographically with an area covering most of five states.

American Life (www.amlife.us)
Principal: Henry Liebman

  • Regional Center Properties, Inc.
    California (Los Angeles, San Bernardino, and Riverside, Orange, and San Diego counties)
  • Regional Center Management Los Angeles
    California (Los Angeles area)
  • Riverside PUMA Area Regional Center
    California (Riverside County)
  • American Life Investments, LLC
    Florida (Miami-Dade County)
  • Atlanta EB5 Regional Center LLC
    Georgia (Atlanta MSA)
  • Buffalo Regional Center
    New York (Buffalo-Niagara Metropolitan Statistical Area in Erie and Niagara Counties)
  • American Life, Inc. – Lakewood Regional Center
    Washington (City of Lakewood)
  • American Life Ventures Everett, Washington
    Washington (City of Everett)
  • American Life Seattle RC | Gold Rainbow | Freedom Fund
    Washington and Oregon (Jackson County, OR and Seattle, WA)
  • American Life Ventures, Tacoma, Washington
    Washington (City of Tacoma)

CanAm Enterprises (www.canamenterprises.com)

  • Hawaii Regional Center
  • Pennsylvania Regional Center
  • Los Angeles Regional Center
  • Philadelphia Regional Center

America’s Center for Foreign Investment, LLC (www.acfi-usa.com)
Principals: James DeBates, Boyd Campbell, Ron Drinkard

  • Alabama (entire state)
  • Tennessee (entire state)
  • Mississippi (38 counties along the north, east, and south borders of the state)
  • Georgia (52 counties in the north and center of the state)
  • Florida (41 counties in the north of the state)

According to Michael Gibson of USAdvisors.org, of the over 100 Regional Centers only a handful of the largest centers account for about 90% of all EB-5 investment offerings. American Life reportedly claims up to 1/3 of all EB-5 investment, followed by the CanAm-managed regional centers, CMB, Vermont, South Dakota, CCAE, and (a more recent player) NYC Regional Center.

EB-5 Stakeholder Meetings 2010-2011

The USCIS Office of Public Engagement has issued an invitation to its EB-5 Stakeholder Events for Fiscal Year 2011:

October 14, 2010: Teleconference only
December 16, 2010: Teleconference only
March 17, 2011: In person at the California Service Center and by teleconference
June 16, 2011: Teleconference only
September 15, 2011: In person in Washington DC and by teleconference

Mark your calendars! These events offer important insight into the ever-developing USCIS understanding of the EB-5 program, and interesting practical questions are raised and sometimes answered. The invitation includes information on how to RSVP and submit agenda items.

New Regional Centers (FL, NC, TN, UT)

Regional Center approvals are coming thick and fast, with four new centers posted this week on the USCIS list of approved Regional Centers (updated as of 8/16/2010). American Life Investments, LLC is the sixth new Regional Center in Florida this year (bringing Florida’s total to thirteen), and the tenth Regional Center for Henry Liebman, who also manages centers in Washington, Oregon, California, New York, and Georgia. Tennessee and Utah are making their first appearance on the list this week.

American Life Investments, LLC
Geographic Scope: Miami-Dade County, Florida
Industries: Commercial/Industrial Development; Public/Private Arrangements w/ the City of Miami, non-profits, Miami-Dade County or other entities to develop civic/public facilities and infrastructure; Renovation of functionally obsolete buildings preserving historical features; Mixed Use Developments, including retail, residential, apartments, and condominiums; and the Provision of Capital, loans or investment for businesses wishing to locate in the regional center area.

Florida EB5 Investments LLC Regional Center
Geographic Scope: State of Florida
Industries: Traveler Accommodations, Food Service & Drinking Places, Retail Trade, Real Estate, Manufacturing, Performing Arts, Construction, Wholesale, Finance, Insurance, Healthcare, Transportation & Warehouse, Administrative & Support Services and Information & Media

Tennessee Regional Center, LLC (www.EB5-invest.com)
Geographic Scope: State of Tennessee (28 Counties) and State of North Carolina (11 counties)
Industries: Accommodation and Food Services; Arts, Entertainment and Recreation; Construction of Buildings; and Retail Trade

Mountain States Center for Foreign Investment (www.mountainstatescenter.com)
Geographic Scope: Utah
Industries: Hospitality, resort and service industry; horse ranch development; high technology; health care services and innovation; entertainment; educational; and infrastructure

New Regional Centers (CA, FL, IN, NY, NC)

The USCIS list of approved Regional Centers, updated as of 8/4/2010, includes the following new centers added this summer:

California Green Regional Center (www.cagreenrc.com)
Geographic Scope: California Counties of Los Angeles, San Bernardino, Kern & Riverside
Industries: Utility, Agriculture, Food Processing, Office & Residential Building, Scientific Research & Education, Hospitality, Retail, Food Service, and Entertainment  & Recreational

Northern California Regional Center, LLC (www.eb5northerncalifornia.com)
Geographic Scope: California counties of Colusa, Butte, Glenn, Sacramento, San Joaquin, Shasta, Sutter, Tehama, Yuba and Yolo
Industries: Dairy Cattle and Milk Production

Velocity Regional Center (www.v-regionalcenter.com)
Geographic Scope: California Counties of San Joaquin, Stanislaus, Merced, Fresno, Kings, Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego, and Imperial

Mirzam Investor Green Card Regional Center
Geographic Scope: South and Central Florida- the Florida counties of Citrus, Hernando, Sumter, Lake, Orange, Brevard, Indian River, Osceola, Polk, Hillsborough, Pinellas, Manatee, Sarasota, Hardee, Desoto, Highlands, Okeechobee, St. Lucie, Martin, Palm Beach, Glades, Hendry, Charlotte, Lee, Collier, Broward, Miami-Dade, and Monroe.
Industries: Aquaculture-Shellfish Farming NAICS Code 112512

Midwest Center for Foreign Investment, LLC
Geographic Scope: Indiana: Counties of Jefferson, Nelson, Oldham, Hardin, Bullitt, Shelby, Meade, Henry, Trimble, Caroll, Spencer, Marion, Breckinridge, Larue, Grayson, & Washington; Indiana: Counties Clark, Floyd, Harrison, Washington, Jefferson, Scott, & Crawford
Industries: Agriculture., Bioscience, Green Energy, Manufacturing & Warehousing, Health Care, Retirement Communities, Medical Banking, e-Health, Data Centers for Regional Health Information Organizations, and Health Information Exchanges, Advanced Technology and Scientific Development, Leisure, Recreation, Hospitality Tourism and Service Industries, Construction, Retail, Commercial, Residential and Office Development

New York Immigration Fund, LLC
Geographic Scope:  New York counties of the Bronx, Kings, Queens, Richmond and New York
Industries:  Capital loans & investments; building renovation; real estate development (mixed use); hospitality; industrial space; conference space; U.S. Customs Bonded warehouse services; nursing homes; assisted living facilities; health services & medical technology; manufacturing; and technology

Atlantic Regional Center for Foreign Investment, LLC (ARCFi)
Geographic Scope: North Carolina from Interstate 77 East (72 counties)
Industries: biotech pharmaceutical life sciences; advanced/applied materials; industrial shipping/transportation; and mixed-use development utilizing sustainable methods of traditional industries (manufacturing and real estate)

Lansing RC in The New Republic

The New Republic (August 5, 2010) has a positive article on the potential of EB-5 investment (presented as synonymous with Chinese investment) to benefit the Lansing area economy, and particularly Michigan State University.

Up-coming EB-5 Seminars

AILA CLE Conference on EB-5 (Boston 8/27/2010)

Investing in America — Making EB-5 Work for Your Clients and Your Practice” is an AILA-hosted CLE conference devoted to EB-5, to be held in Boston on August 27, 2010. Track 1 sessions are designed for the new EB-5 practitioner, providing an overview of the law, recommended protocol for determining whether EB-5 is an appropriate client strategy, and information on preparing and filing an EB-5 case. Track 2 sessions for EB-5 veterans cover matters such as strategies for success in country-specific cases, matters related to source of funds, securities laws and compliance issues, and considerations relevant to the actions of promoter agents and finders fees. Early bird registration ends August 13.

EB-5 Seminars (Chicago 8/30-31/2010)

Regional Center Development (Monday, August 30, 2010) hosted by Wright Johnson, LLC. Topics include legal issues and application processing, econometrics and project planning, investor marketing, private placement memoranda, business plans, and escrow agreements.

Regional Center Promotion (Tuesday, August 31, 2010) hosted by Artisan Business Group. The seminar will discuss in detail issues related to Regional Center promotion in the Chinese market and working with immigration agencies and brokers.

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