Fundamentally , the developer is responsible for generating the EB-5 eligible jobs associated with construction , and ultimately the operation of the business , necessitating careful due diligence on the part of the investor to ensure a successful project .
2 . THE EB-5 TEAM
Investors should also examine the business plan to understand the strength of the EB-5 team . A well-written plan will include a discussion of the various parties that were assembled to prepare the EB-5 offering . The EB-5 process requires meticulous preparation of the I-956F project application , which demands the expertise of a comprehensive team of professionals , each with a unique role and skill set .
REGIONAL CENTER : To begin , investors should partner with an experienced regional center with a successful track record . Investors must also verify that the regional center is in good standing , currently certified to operate and comply with the Reform & Integrity Act of 2022 ( RIA ), current with their I-956G annual reporting , and payment of all fees .
IMMIGRATION COUNSEL : The EB-5 team should also include experienced immigration counsel who is wellversed in the EB-5 requirements under RIA and have a comprehensive understanding of the legal framework . Capable immigration attorneys will have the ability to interpret the RIA statute , policy changes , anticipate potential roadblocks , and ultimately safeguarding the investors ’ interests and increasing the likelihood of receiving immigration benefits .
SECURITIES COUNSEL : The
EB-5 team should also include an experienced securities attorney that is adept at navigating securities laws to ensure compliance with federal and state regulations . They will perform due diligence , structure and prepare compliant investment offering documents , which seek to preserve investors ' capital and maximize the likelihood of a favorable outcome .
" An experienced EB-5 business plan writer specializes in articulating the project ' s vision , financial projections , and job creation strategy in a compelling manner ."
and effectively communicates the potential for successful investor outcomes . 3
3 . MARKET FEASIBILITY
While the business plan presents the developer ’ s vision and will include forward-looking statements , investors would do well to review a 3rd party market analysis and feasibility discussion to make an informed investment decision .
ECONOMIST : A reputable economist is critical to providing comprehensive economic impact analyses , and job creation calculations that are aligned with the RIA statute and rules and regulations imposed by USCIS . 2
BUSINESS PLAN WRITER : An experienced EB-5 business plan writer specializes in articulating the project ' s vision , financial projections , and job creation strategy in a compelling manner . Likewise , the writer will ensure the business plan is consistent with RIA and USCIS guidelines , substantiates the project ' s viability ,
MARKET STUDY : A thorough market analysis prepared by a reputable 3rd party provides investors with valuable insights into the industry landscape , target market , and potential customers . It should provide an overview of the demand-supply dynamics , competitive landscape , and growth prospects , demonstrating how the project addresses a genuine need in the market .
FEASIBILITY STUDY OR APPRAISAL : It is important to note that a feasibility study or appraisal by a licensed
18 EB5 INVESTORS MAGAZINE