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What qualifications are required to perform EB-5 investment services?

I would like to invest the capital funds for EB-5 investors. What kind of qualification would be legally required to perform this function for others (clients who are seeking visas)?

Answers

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    John Roth

    Immigration Attorney
    Answered on

    The U.S. strictly regulates the providing of investment advice due to great danger that the adviser is giving investment advice in his/her interest rather than in the investor''s interest. To provide investment advice in the United States, the adviser must be a registered representative of a broker-dealer firm or a representative of a registered investment adviser (which is a firm, not a person). Important background information on all such registered persons may be found at the Financial Industry Regulatory Agency''s BrokerCheck (http://www.finra.org).

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Someone pursuing the EB-5 process in order to obtain U.S. permanent residency needs to invest personal funds. If you are looking to act as a finder or broker-dealer, there are specific rules and regulations to follow.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    By performing EB-5 investment service, you could be either a developer or an investment adviser who directs the client(s) to invest. The term developer is used here to refer not only to developers in real estate deals, but also entrepreneurs in other fields. As a developer, unless it is structured as a regional center that needs USCIS approval, it is unlikely you will need any pre-approval from USCIS or the SEC. There are possible rules with local municipalities where you choose to operate, such as requesting construction permits etc. As an adviser, it would be a different matter. SEC has very specific rules on how to qualify. I would suggest a Google search using the keywords - investment adviser SEC.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You should be a licensed investment adviser, as you are telling the investors where to invest.

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    Ed Beshara

    Immigration Attorney
    Answered on

    To perform investment advisory services you will need to be an investment adviser and broker dealer registered with the SEC.

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