Information about Regional Centers
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
Since the EB-5 Program has been so underutilized until recently, hard, consistent, statistical information was not collected. It wasn't cost efficient or of much value to do so.
As of Nov. 23, 2010, USCIS will begin utilizing new forms I-924 and the I-924A (Supplement). The I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, will standardize the process to become a Regional Center and collect a fee for the determination. Up until now applicants just had to submit a "Proposal" without any fee for the determination. However, the adjudication of the request is THE MOST DIFFICULT, COMPLEX, TIME CONSUMING, AND COMPLICATED adjudication made by USCIS.
Until recently, it was too low volume to justify creating a form. That circumstance changed over the past several years because of the efforts of a dedicated Adjudications Officer who created unofficial instructions on "How to Apply for a Regional Center". As it became more clear as to what was required in the "Proposal" interest and volume of "Proposals" increased from barely two dozen in the first decade to around 150 and still counting in the past three years.
The I-924A, utilizing an expanded 8 CFR 204.6(m)(6) shall be used to require Regional Centers to report specific data which will be used to generate reports that will be posted on uscis.gov. The reporting requirements will take over a year in order to generate the first statistics. The reporting requirement with the I-924A will be prospectively applied and it will be an annual reporting. In addition, there will be a five year reporting requirement for the Regional Center. It will have to make a cumulative report and apply for re-designation unless it has been re-designated upon approval of an amendment to the Regional Center proposal/plan. The five-year rule shall apply from the date of the initial designation, most recent required redesignation, or the most recent amendment approval of the Regional Center, as applicable. In any event there will be annual and cumulative data coming in on all Regional Centers.
A FOIA request will NOT currently provide any data because it does not exist yet. Nobody is required to create statistical reports in order to respond to a FOIA request. A FOIA request is for existing information but only if it is releasable. A future FOIA request will be unnecessary because the data will be made public anyway and as such not subject to FOIA. Other information, such as the Proposal itself or in the future--the I-924 form and any supporting evidence are proprietary in nature and non-releasable accept to the subject of the file/original applicant/organization. USCIS will not waste any time on a pointless FOIA request. Nobody will.
REFERENCES:
8 CFR 204.6(m) details requirements for a Regional Center.
INA 203(b)(5) describes the Immigrant Investor employment creation visa category.
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
Since the EB-5 Program has been so underutilized until recently, hard, consistent, statistical information was not collected. It wasn't cost efficient or of much value to do so.
As of Nov. 23, 2010, USCIS will begin utilizing new forms I-924 and the I-924A (Supplement). The I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, will standardize the process to become a Regional Center and collect a fee for the determination. Up until now applicants just had to submit a "Proposal" without any fee for the determination. However, the adjudication of the request is THE MOST DIFFICULT, COMPLEX, TIME CONSUMING, AND COMPLICATED adjudication made by USCIS.
Until recently, it was too low volume to justify creating a form. That circumstance changed over the past several years because of the efforts of a dedicated Adjudications Officer who created unofficial instructions on "How to Apply for a Regional Center". As it became more clear as to what was required in the "Proposal" interest and volume of "Proposals" increased from barely two dozen in the first decade to around 150 and still counting in the past three years.
The I-924A, utilizing an expanded 8 CFR 204.6(m)(6) shall be used to require Regional Centers to report specific data which will be used to generate reports that will be posted on uscis.gov. The reporting requirements will take over a year in order to generate the first statistics. The reporting requirement with the I-924A will be prospectively applied and it will be an annual reporting. In addition, there will be a five year reporting requirement for the Regional Center. It will have to make a cumulative report and apply for re-designation unless it has been re-designated upon approval of an amendment to the Regional Center proposal/plan. The five-year rule shall apply from the date of the initial designation, most recent required redesignation, or the most recent amendment approval of the Regional Center, as applicable. In any event there will be annual and cumulative data coming in on all Regional Centers.
A FOIA request will NOT currently provide any data because it does not exist yet. Nobody is required to create statistical reports in order to respond to a FOIA request. A FOIA request is for existing information but only if it is releasable. A future FOIA request will be unnecessary because the data will be made public anyway and as such not subject to FOIA. Other information, such as the Proposal itself or in the future--the I-924 form and any supporting evidence are proprietary in nature and non-releasable accept to the subject of the file/original applicant/organization. USCIS will not waste any time on a pointless FOIA request. Nobody will.
REFERENCES:
8 CFR 204.6(m) details requirements for a Regional Center.
INA 203(b)(5) describes the Immigrant Investor employment creation visa category.