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What documents and other materials do regional centers/project developers need to compile to be competitive in the investment market?

What documents or reports does a project need to produce to target EB-5 investors? For example, what documents should we prepare in addition to a business plan?

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    Answered on

    In addition to a business plan, the documents or reports a project needs to produce to target EB-5 investors include: (1) a feasibility study for the project conducted by an expert in the field (i.e., whether hospitality, retail, commercial/mixed use, residential), (2) an economic analysis report and (3) a set of legal documents. Such legal documents include a Private Placement Memorandum that will contemplate three tranches of fundraising for the three phases of the project, a Limited Partnership Agreement; an Investor Questionnaire, an Investor Subscription Agreement, an EB-5 Loan Agreement, a Pledge Agreement, an Escrow Agreement (if using for a holdback account pending I-526 approval) and a Migration Agent Agreement. Once investors are located, an I-526 Template Memorandum is required to serve as the cover letter to each I-526 filing so there is uniformity in the discussion of the project and the documents. Contemporaneous with going to market, the principals may wish to draft an I-924 amendment in addition to an Exemplar Application, which has become the new norm although this is not required. I hope the foregoing is helpful.

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    Answered on

    Generally, regional centers should have a complete set of offering documentation, including a Private Placement Memorandum, Limited Partnership Agreement, Subscription Agreement, and a comprehensive business plan compliant with the Matter of Ho requirements. You should consult an experienced EB-5 immigration attorney.

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    Answered on

    Marketing materials are critical, including a brochure, video, etc. Completion guarantee is helpful if it is a construction project.

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