Questions and Answers > EB-5 Investments

What responsbilities does the U.S. contractor have?

What responsibilities or liabilities does the U.S. contractor take on by becoming involved with an EB-5 recipient?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 4, 2014

  The liability varies widely depending on the agreement signed by both parties.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 30, 2013

  It depends upon the agreements signed by the contractor. If the contractor is a regional center, there are separate duties and reporting requirements to USCIS. Otherwise, there are no separate responsibilities or liabilities.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 28, 2013

  Depending on the infrastructure of the business, the "contractor" may have to make payments on the loan of funds to its enterprise (assuming a loan model is used). It is also responsible for actually carrying out the business activities that will create the jobs, and keep records for later filings (removal of conditions).

• Ed Beshara

  Immigration Attorney

  Answered on October 28, 2013

  The EB-5 project or job creating entity may hire a contractor to be involved in the construction of the EB-5 project which may involve the construction of a building. In an EB-5 project, there is the normal contractual relationship between the contractor and the developer in regard to the quality controls and timelines for the construction of the building.

• Lynne Feldman

  Immigration Attorney

  Answered on October 28, 2013

  The responsibilities are usually defined in the details of the agreement and vary widely depending on the type of project.

• A Mina Tran

  Immigration Attorney

  Answered on October 28, 2013

  Your liability will depend on what your role in the project is. If you own the project and accept investor money, then you are subject to all SEC and immigration requirements.