What documents and other materials do regional centers/project developers need to compile to be competitive in the investment market? - EB5Investors.com

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?

Answers

Debbie Klis

Debbie Klis

Securities Attorneys
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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.