Reza Rahbaran
Immigration AttorneyThe liability varies widely depending on the agreement signed by both parties.
What responsibilities or liabilities does the U.S. contractor take on by becoming involved with an EB-5 recipient?
The liability varies widely depending on the agreement signed by both parties.
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.
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).
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.
The responsibilities are usually defined in the details of the agreement and vary widely depending on the type of project.
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.