Compliance with USCIS requirements is key to immigration success; when evaluating projects, it’s important to evaluate the measures they have put in place to ensure funds are properly managed in compliance with immigration requirements.

To be sure funds are managed correctly, look for a project that provides real-time account information to investors and issuers, allowing visibility into the location and use of funds. Projects which provide investors with the ability to track the flow of funds from escrow into job creation and ultimately back after the I-829 provide an additional level of confidence in the project’s viability.

With lengthening I-526 and I-829 processing times and a cutoff date in place for investors born in Mainland China, it’s important to look for projects whose plans for investor repayment include measures to keep invested funds compliant with EB-5 requirements until green card conditions care removed. Use of a third party EB-5 fund administrator helps ensure funds remain in compliance throughout the project lifecycle.

In projects using the debt model, it is also critical to make sure there are third party controls in place to prevent the misuse of funds, particularly if the same parties control both the New Commercial Enterprise and the Job Creating Entity.

The right compliance strategy provides security to investors both by protecting against mismanagement of funds and meeting immigration requirements. While a subscription escrow, third party controls, and ongoing transparency protect investors against improper use of funds, an immigration compliance platform helps ensure their immigration process is successful.

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