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Common EB-5 visa Investor Questions

Posted by Kurt Reuss on January 09, 2017

Q: I haven't paid taxes, individual or business, because my country of residence doesn't require it or it isn't customary. Is this a problem?

A: Catharine: We normally tell clients if they can provide income tax returns, it’s great to do so. If they can't, it's not going to make or break their petition.

We let them know that if USCIS EB5 sends a request for evidence (RFE) for copies of their income tax returns, they will need to either produce them or get a letter from an attorney in their country of residence stating the legal reason behind why they can't provide those tax returns.

I always request tax returns but I’ll still file a petition if I don't have them.

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Investment Advisor Supervisory Responsibilities

Posted by Kurt Reuss on March 15, 2016

Investment Advisors Views

Chris: An investment advisor is required to supervise all persons that are acting on its behalf. The SEC takes the position that they can sanction an advisor if they fail to reasonably supervise anyone who is acting on the advisor's behalf. Determining whether someone is a supervisor is, again, based on the factual circumstances.

There are a few safe harbors but the best advice is to have some compliance procedures in place or elect a compliance officer in those instances.

Some of additional requirements are that compensation structures need to be disclosed, conflicts of interests have to be more thoroughly disclosed than they necessarily would have to be if you weren't registered.

The SEC is also going to look at you on an annual basis, and under a heightened level of scrutiny because you will be filing Form ADV.

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IMPORTANT DISCLOSURE – PLEASE READ: EB5 Diligence and its principals have provided the information herein in connection with the research services offered for private placements and other similarly structured investment vehicles claiming exemption from registration from the Securities Act of 1933 through Regulation D, each of which was created for the purpose of facilitating specific immigration objectives of potential investors (“EB-5 Investments”). Neither EB5 Diligence nor its principals and agents, including but not limited to any broker-dealer with which principals of EB5 Diligence are associated under the rules of the Financial Industry Regulatory Authority (FINRA), are offering, recommending, selling or placing, nor intending to offer, recommend, sell or place EB-5 Investments through making known the availability of research on such EB-5 Investments on this website. EB-5 Investments may only be offered or placed through use of a suitable offering document by senior management of the issuer or through others who are appropriately registered with a broker-dealer provided to an appropriately accredited or qualified investor as provided by law. Due Diligence Reports provided by EB-5 Diligence are not annexes or supplements to any offering documents of EB-5 Investments, nor may they be construed as such. Notwithstanding, EB-5 Diligence and/or its principals may be compensated by issuers, prospective investors or others affiliated with EB-5 Investments in consideration for the provision of Due Diligence Reports on EB-5 Investments. EB5 Diligence will disclose its compensation from issuers of EB-5 Investments to those utilizing its Due Diligence Reports upon request. As such, investors and others should be aware that there is an inherent conflict of interest between EB5 Diligence, its principals and issuers on the one hand, and investors on the other hand, given the nature of compensation paid to EB5 Diligence and/or its principals and the perceived objectivity of Due Diligence Reports on EB-5 Investments under such circumstances. Neither EB5 Diligence nor its principals and agents make any express or implied warranties whatsoever on this website regarding the suitability of EB-5 Investments. Usages of any references to laws or regulations by EB5 Diligence on this website are for informational purposes only and are not intended in any manner whatsoever to state or imply that EB-5 Investments are warranted in any manner by any governmental body of any kind. EB-5 Investments may differ from customary investments in that their primary goal may not be driven by investment returns but instead stated immigration objectives. As such, EB-5 Investments bear substantial financial and legal risks, including the loss of principal and/or immigration opportunities. Investors are directed to refer to the specific risk disclosures provided to them in connection with the EB-5 Investments under consideration, as well as guidance from independently retained accounting, legal and financial services providers.