We are a developer looking at the EB-5 program for the first time. Our main concern is maintaining financial transparency and compliance with EB-5 program requirements. Is the forensic accountant the professional we should hire for this? Or should our immigration counsel also provide this service?
Answers
Lynne Feldman
Immigration attorneysImmigration counsel can handle everything related to the immigration process. If you are trying to evaluate the investment itself, there are several players in this space for EB-5 cases.
Debbie Klis
Securities AttorneysYour suggestions are good, but another suggestion is to include in any loan agreement from the New Commercial Enterprise (if the investment into your project is debt) or in the LP or LLC agreement (if the investment into your project is equity) to include some clauses pertaining to maintaining financial transparency such as right to periodic updates, right to examine books, be copied on all compliance with EB-5 program requirements, etc.
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