How to best select an EB-5 project when it comes to immigration and investment risks

By Quynh Lai

In EB-5 immigration investment decisions, the investors are concerned with two important things: receiving a green card and getting a refund of their investment.  There are several things an investor should do research about when it comes to an EB-5 project, including the developer, capital stack, job creation and the exit strategy. 

The developer’s experience and creditability will cover both the immigration risk – how to secure an unconditional green card for the investor, and the investment risk – how to secure the refund of the investment. The capital stack and exit strategy of a project will describe the investment risk. The job creation of a project will show the immigration risk.


In reviewing a developer of an EB-5 project, it is important to check the experience and credibility of the developer. The developer should be well established and have experience in the field. They should not be a firm just set up to do an EB-5 project. A few rare and good EB-5 projects have developers that are public firms. This is a strong point in selecting an EB-5 project because public firms have to meet high standards from the U.S. Securities and Exchange Commission (SEC). They also have to file quarterly and annual reports with SEC. SEC’s oversight and strict public reporting requirements provides comfort and transparency to investors and convenient access to financial and business filings online.  If the developer of an EB-5 project is  not a public firm, the investors need to spend more time to do research to make sure the firm knows what they are doing, have a solid experience and good position in the field. 


The capital stack will give the investors an important ratio of investment. The ratios are loan to value: a percentage of EB-5 loan, a percentage of developer equity and a percentage of other loans of bank loans. The loan to value ratio is an important ratio to consider because it shows if the project depend too much on a loan to develop and if the developer has put a high equity portion to the project. The capital stack also gives the investor a clear understanding of the EB-5 investment position. It is good if the EB-5 investment is a first position loan and fully collateralized by first trust deed of the project itself or additional land. If the capital stack includes a senior loan, the EB-5 investment will be in second position.   

The high developer equity cushion and the first position of the EB-5 loan give more security for the refund of the EB-5 investment. 


In reviewing job creation of a project, an EB-5 investor has to read through a project’s Indirect and Induced Employment Impacts prepared by a professional third party.  The project should have a surplus job creation that well surpass the employment conditions for the approval of the green card needed by USCIS.  It is best if high percentages of the jobs created are direct construction jobs, which mean that job creation is not dependent on an on-going business.  


The exit strategy stated in the Private Placement Memorandum (PPM) gives investors a clear picture of the refund EB-5 investment strategy and resources. Most EB-5 projects have to show that their cash flow significantly exceeds the EB-5 loan or that they have a reasonable and obtainable refinancing plan in place.  

However, it is more secure if the exit strategy in worst case scenario, meaning if the project operation and project cash flow fail, is covered by a first position loan and fully collateralized in the outstanding EB-5 loan by a first trust deed. 

There are many more items that EB-5 investors should focus on when reviewing and deciding to invest in an EB-5 project. However, the first and most important items should be the developer, capital stack, job creation and exit strategy.  


Quynh Lai

Quynh Lai

Quynh Lai serves as the director of client relations at Bether Capital Inc. She has a strong understanding of business-to-customer and business-to-business relationships, and the ability to translate the language of business into effective management of customer satisfaction. Lai’s professional career includes more than 12 years of business development and management experience in the investment immigration field. She specializes in Canadian business immigration programs and the U.S. EB-5 program. She holds an MBA from the University of Hertfordshire in U.K. and bachelor's degrees in international business and linguistics.