EB5 Investors Magazine Volume 7, Issue 2 | Page 121

How to evaluate immigration and financial risks for EB-5 Investors should consider the risks at each stage of EB-5 process prior to investing, including the I-526 application, conditional residency period, and permanent residency. By Mickayla Zinsli Rosard P roperly evaluating the risk profile of an EB-5 project can seem daunting, as every project has immigration and financial risks. As a project progresses, these risks change throughout the three EB-5 stages: I-526 application, conditional residency period, and permanent residency. It is imperative for project sponsors and investors to have candid conversations about risk. To help guide those conversations, let’s explore the nine most prevalent risk factors. STAGE 1: I-526 APPLICATION DOCUMENTATION RISK USCIS reported a sharp decline of I-526 approvals in the third quarter of 2019. The approval rate fell to 58%, the lowest in 14 years. It is vital that project sponsors and investors properly prepare the petition with the help of an experienced immigration attorney. It is the project sponsor’s responsibility, with the assistance of their EB-5 professional team, to provide substantial documentation in order to ensure the Matter of Ho standard is met. Investors should ensure the project has credible documentation including, but not limited to; third party market studies, verifiable job creation inputs, and corroborated construction contract, bid, and timeline documents. For inves tor s , hiring an immigration at tor ney wi th ex tensive EB -5 knowledge is equally impor tant. If a project has preferred counsel, investors should still verify the attorney’s experience before moving forward. Once retained, investors must be prepared to provide various source of funds documentation. With source and path of funds being the most common reason for an I-526 denial, it is imperative investors work with immigration counsel to properly document their investment capital prior to investing. Similarly, project sponsors should also work with immigration counsel to review and verify investors’ source and path of funds documents prior to investing. FINANCIAL RISK The most common way to manage financial risk during the application stage is with an I-526 denial guarantee. EB5INVESTORS.COM 121