EB-5 Due Diligence

How To Choose An EB 5 Regional Center

When researching possible EB 5 regional centers to work with there are several factors to consider.

An EB 5 investor’s goals are to obtain a green card and get their investment back. In order to do that they must fulfill the EB 5 Program’s requirements while minimizing both financial and immigration risks.

The first step an EB 5 investor should take is to find an experienced EB 5 immigration attorney.

They can provide:

  • Guidance through the complex EB 5 Program process
  • Insight into regional centers and their projects
  • Evaluate your EB 5 qualifications
  • Determining if the project is EB 5 compliant
  • File your I-526 Immigrant Petition by Alien Entrepreneur

The second step is to conduct due diligence into not regional centers but also their past and present projects.

What to look for in a regional center:

  • Strong track record and history of success
  • Project developer and management team with excellent reputations
  • Past projects with successful I-526 petitions, I-829 petitions, and return of investor funds
  • Present projects using past project’s successful business models
  • Sound exit strategy
  • Redeployment strategy (for investors from countries in visa retrogression)

What to look for in an EB 5 project:

  • Already has EB-5 investors invested
  • Is in a field your familiar with (example: hotel)
  • Is located in a targeted employment area (TEA) and can count indirect and induced job creation
  • No rejections or requests for further evidence (RFE)
  • Will create the requisite number of jobs for all the EB 5 investors
  • Has a team that keeps their investors informed of the project through completion

The third step involves the investor traveling to the project site.

Avoid fraud and scams by visiting the construction site and speaking to the team behind the project. There are hundreds of EB 5 regional centers currently approved by USCIS, but not all regional centers are equal. When a $500,000 capital is on the line, it’s important to learn as much as you can about your investment. Is the project truly at the stage that the regional center, developers, or EB 5 agent marketed it at?

Another professional an EB 5 investor can hire to assist with their due diligence is a financial adviser. They can review the terms of your project of choice and give you an assessment of the risk involved.

For more information about what to look for in an EB 5 regional center, send us a message.

Clare Lithgow

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