Is it normal for EB-5 project documents to differ so much? I am studying some reference documentation from regional center projects and am a bit confused about why they are so different. It makes comparing the projects challenging. Would like to know what’s the better way to compare projects before I start reviewing potential investments?
Answers
Lynne Feldman
Find the Best EB5 Visa LawyersDifferent state laws could affect some of the differences. Also, I am guessing they were drafted by different levels of professionals. There are EB-5 services that will do an analysis for you.
Peter Zhang
Find the Best EB5 Visa LawyersEB-5 investments are private placement offerings exempt from SEC registration. So, as an investor, you are responsible for thoroughly evaluating the risks. U.S. securities law emphasizes disclosure over fairness—caveat emptor (buyer beware).
Two key documents are the Private Placement Memorandum, which outlines material factors and risks, and the Operating Agreement or Limited Partnership Agreement, which details your rights in the New Commercial Enterprise. Risk considerations vary by project; for example, in real estate developments, you may want to assess whether the developer has adequate financing with or without EB-5 funds, how the funds are invested or loaned to the project entity, potential conflicts of interest, sustainment periods, distribution provisions, and the sponsor’s freedom to redeploy funds. Ultimately, EB-5 risks fall into two categories: immigration risk, primarily tied to the developer completing the project as planned, and financial risk, which affects if and when you can recover your principal—often influenced by local economic conditions.
Belma Demirovic Chinchoy
Find the Best EB5 Visa LawyersEach project sets its own terms. You have to decide what terms suit you the best. An attorney can help you understand the terms and a broker dealer can recommend investment projects. The majority of potential EB5 investors cannot do this on their own.
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.