How can I ensure that the business I invest in will securely handle my EB-5 investment?

By law, an EB-5 investment must be at risk of total loss. To the extent permitted, ensure the success of your investment by engaging an attorney who is experienced in evaluating EB-5 projects. If working independently, you should conduct due diligence on the project. Identify the source of revenue for the return on your investment and risks of failure. What is the exit strategy? What percent of the total financial requirements is to be provided by EB-5 investment funds? Who are the principals managing the project? Who, if any, is holding equity in the project? Finally and after you have made your investment, a well prepared I-526 petition, by competent legal counsel experienced in EB-5 visa matters, creates the best opportunity for success.

You should conduct due diligence.

I would suggest you conduct a thorough due diligence before you make the investment to ensure that your money will be placed in good hands.

Your experienced EB-5 attorney can refer you to broker/dealers who will perform due diligence on the project and convey there findings to the regional center.

You need to do your homework and check out the project and the managers carefully. Look at their track record: how many I-526 and I-829 approvals they have had. What is their exit strategy? How many investors have gotten their funds out after getting their I-829s approved, etc.

An immigration attorney will review EB-5 project and regional center documentation for compliance with the USCIS rules, regulations and policies. However, law firms work closely with other professionals regarding the financial aspects of the investment. Please note that it will always be your independent business decision to make the investment, but you can work with professionals to ensure it is the best investment for you.

You should employ an attorney with EB-5 experience to perform due diligence on the investment entity.

You need to perform some due diligence, check the regional center, check the project, and read all the documents.

You can consult with a financial expert to evaluate the project. You can hire immigration lawyers to conduct due diligence.

In order to reduce the risk as much as possible, you should have a professional conduct due diligence on your behalf with respect to the EB-5 investments, its principals, the offering documents, and any issues with risk, so that you are informed as much as possible. You cannot eliminate all risk from an EB-5 investment.

If you are planning to invest in a project through a regional center, the investment capital is typically held in an escrow account until the I-526 green card petition is approved. If you are concerned with the overall financial security of your investment, I strongly suggest that you have a business lawyer or financial consultant take a look at the projects investment deck before you decide. Most EB-5 investments are fairly straightforward, so it should not be too difficult for your lawyer or financial adviser to assess.