AAO: EB-5 Regional Center De-Certified; Job Creation vs. Job Preservation

AAO: EB-5 Regional Center De-Certified; Job Creation vs. Job Preservation

"The applicant's argument that the IWWTF will be a ghost plant if it does not obtain bridge financing is inherently an argument that touches on preservation of jobs, not creation of jobs. The regulation at 8 C.F.R. § 205.6(j)(4)(ii) allows investors to be credited with preserved jobs, but only for investments in a troubled business. The applicant has never claimed or documented that the alien investors will be investing in a troubled business. As such, they may not rely on job preservation arguments to establish eligibility for benefits under the EB-5 visa program. ... [T]he decision of the director terminating the regional center will be affirmed." - Matter of REGIONAL CENTER OF VICTORVILLE DEVELOPMENT. INC., RCW 103 1910251, Dec. 21, 2011.