A regional center is normally created and operated by experienced developers or business people who seek to begin or expand existing businesses.
It is therefore essential for you to receive and assess their credentials and their ability to ensure that the project will be so created and that the job creation requirement will also be fulfilled as a result of the program.
Although the USCIS oversees the overall EB-5 program, investors must be aware of the limitations pertaining to each and every regional center in order to make a qualified judgment.
As the number of USCIS approved regional centers continues to increase at a rapid pace, it becomes ever more difficult for an investor to make a well-informed decision.
Our recommendation is for each investor to visit and interface with no less than six regional centers before finalizing an investment decision.
A credible certified public accountant or EB5 attorney may be able to refer you to qualified professionals within the EB-5 field and/or offer assistance while you are weighing the options available to you.
Be sure to review and analyze all reports exhibiting the actual and projected cash flow for the regional center.
If possible, speak with other investors, request the regional center‟s scorecard as to their success rate, and try to assess the mix of nationalities in the program.
Additionally, it would be beneficial to review the developer‟s overall history both in a general business context and EB-5 specific projects.
A positive determination is if the developer has standby credit for the erection of any new project, backup plans, and exit strategies to be applied as needed.
Clearly, the sponsor must not have a criminal record or any evidence of prior bankruptcies. In addition to discussions with the principal sponsor, the investor should engage the services of partners, development and management personnel, and other service providers who are hired to support the project in its entirety.
All parties and entities are subject to your review before finalizing your investment.
Do not rely solely on the terms and conditions of an escrow agreement to have the funds returned in the event that the project does not materialize.