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Questions and Answers > EB-5 Investments

What communication is legal between businesses, potential EB-5 investors, and regional centers?

We have project finance opportunities that fall into EB-5 sectors. Should someone seeking EB-5 capital reach out to regional centers or to the potential investors themselves? What type of communication is legal between businesses, potential EB-5 investors, and regional centers?

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Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, you would need to consult an experienced EB-5 immigration counsel and SEC counsel to comply with regulations. Another option would be to associate with a regional center.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, a person or business entity who seeks EB-5 capital can contact regional centers or investors. As long as communication does not involve misrepresentation, fraud, duress, etc. and is legal, it should be fine.

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    Ed Beshara

    Immigration Attorney
    Answered on

    With the assistance if an experienced EB-5 immigration attorney and a team of professionals including a securities attorney, the communications and legal relationships between the regional center, EB-5 projects/developers and foreign national investors will be USCIS and SEC-compliant.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    There should be substantial and open communication. You need a trained compliance officer.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Associating with an existing regional center is a good way to market your project and take advantage of certain infrastructures and employment creation methods. You should be able to reach out directly to a regional center covering your geographic area and industry classifications, and you will likely have to enter into a memo of understanding to associate with them. EB-5 counsel like us can review such an arrangement. Even if you stay independent and hold yourself out as a direct EB-5 project, communication with investors is strictly regulated by the SEC, and retaining EB-5 counsel who can coordinate with SEC counsel will become very important.