Thorough analysis and ongoing monitoring of EB-5 offerings.
EB-5 offerings are more difficult to evaluate then most investments because, in addition to the risks normally associated with a U.S. securities investment, EB-5 offerings involve an immigration component and job creation requirements, both of which are overseen by the U.S.Citizenship and Immigration Service (USCIS).
Due to the complexity of these transactions, EB5 Diligence only reviews these types of offerings.
The examination begins with a review of the EB-5 offering documents (private placement memorandum and subscription agreement), then proceeds to an on-site visit of the project, a meeting with management and the performing of background checks on all people that might at some point have access to the investor’s funds.
EB5 Diligence has been conducting due diligence reviews for the past three years and has analyzed over 40 projects to date. Investors rely on the clear and comprehensive reports to understand the strengths and risks involved in the EB-5 offerings they're considering.
Regional centers retain EB5 Diligence to provide ongoing monitoring of the EB-5 projects they sponsor.
After completing the initial due diligence report, EB5 Diligence engages a fund administrator to approve all transfers of investor funds that leave the new commercial enterprise's escrow account. Next, a fund accountant is engaged to produce financial statements needed by regional centers and by the fund's tax accountant.
EB5 Diligence will then engage a construction monitor to make monthly visits to the project site to compare draw requests made by the developer with the actual work completed. Approved fund requests are then released into the project.
On a quarterly basis, EB5 Diligence provides the regional center with an ongoing diligence report which gives the regional center the independent third-party oversight to certify that all conditions imposed on the regional center as required by statute have been met.
The report also includes evidence that expenses by the job creating entity (JCE) substantiate the job creation estimates identified in the original I-924 (exemplar) application.
Regional centers can make the reports available to immigration attorneys whose clients benefit by having clear job creation evidence for their I-829 application submission.
Whether you are an investor who wants to select a safe EB-5 investment or a regional center that wants to outsource your compliance requirements which are designed to protect investor funds, EB5 Diligence can help.