EB-5 due diligence

  • Posted on March 9, 2020 | May 6, 2020 | 5 min read
Because the EB-5 program is complicated with many exacting requirements, professional third-party due diligence is strongly recommended for investors to ensure that their selected investment offering will satisfy program requirements in order to receive a Green Card, and that the investor’s capital will be returned in full. There are numerous published examples of fraud and incompetence in the EB-5 program that also support the notion of proper due diligence.

Some of the fundamentals of professional due diligence include a review of the following:

• offering memorandum
• business plan
• Likelihood of project completion and job creation
• Investor fund protections
• Corporate governance
• Default considerations
• Regional center
• New Commercial Enterprise, Job Creating Enterprise, and project entities
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