Question:

Using a hypothetical project may be faster, but there is no definitive proof of this. It will be slightly faster to prepare the application with a hypothetical project as well. Please note that at the time of filing the first I-526 petitions, the full, final, and Matter of Ho compliant business plan and other documentation must be filed. Either way, we recommend patience and retaining qualified EB-5 counsel, like our law firm, to assist you.

The application for a regional center designation can incorporate and make reference to either a hypothetical project or an actual project. Their are benefits and advantages associated with both approaches. One advantage in filing an RC application with a hypothetical project is that there is less documentation for the adjudicator to review and therefore the adjudication process should be faster than if there was a review of an actual project. Furthermore, in a hypothetical case there may be acceptable subsequent changes to a business plan, economic report and security offering documents that can take place on the basis of an approval of a hypothetical project. In contrast, in respect to a pre-approval of an actual project, subsequent changes to the business plan or economic report may nullify the pre-approval of an existing project.