EB-5 Professional Team Members
As the U.S. Immigration attorney, BESHARA GLOBAL MIGRATION LAW FIRM jointly coordinates with its Regional Center Clients, EB-5 Project Clients, and key professionals so that they will incorporate the most up-to-date EB-5 Rules and Policies into their preparation of the required information and documentation for the business, financial, and market viability of the EB-5 Regional Center and EB-5 Project. This regular dialogue (conferences, email, review, analysis, and directions) with all professional team members is essential.
The professional team and their roles include:
Economist
– Review the EB-5 infrastructure of the regional center/project, i.e. the number of EB-5 foreign national investors and the U.S.-dollar amount of non-EB-5 funds
– Confirm of the geographical location of the project
– Confirm and review TEA designation
– Prepare Economic Analysis Report for the supporting hypothetical/actual project based upon start date, timeline, filing of EB-5 petitions, applications, two-year conditional permanent residency
– Require review of Business Plan to ensure consistency with Economic Report
– Continuous dialogue between the regional center principals, economist, business planner, securities attorney, and coordinator U.S. Immigration attorney
Business Plan Writer
– Identify the project
– Prepare Business Plan for the regional center and hypothetical/actual project, incorporating information and documentation from U.S. Immigration attorney, regional center/project principals, economist, securities attorney
– Ensure consistency between Business Plan and Economic Analysis Report
– Ensure no likelihood of subsequent material change to either Business Plan or Economic Report
– Business Plan will cover business and financial activity of the project, designated industrial sectors, geographical location of the project, TEA’s, timelines, investment expenditures, job creation, and exit strategy
Marketing/Feasibility Analyst
– Analyze competitive environment for the project’s business activities
– Determination of market niche of the project compared to like businesses within the market
– Analyze market trends and potential competition
– Determination of uniqueness of the business activities and the projects themselves to show potential customers will specifically utilize the project based on its unique features.
Securities Attorney
– Review the project’s proposed business activity, and EB-5 foreign national investors’ ratio and U.S.-dollar commitment with non-EB-5 U.S.-dollar commitment
– Immediate dialogue between team members to discuss business and financial goals, and incorporate EB-5 rules and policies and market requirements
– Prepare legal infrastructures for EB-5 project. For instance, the Fund documents, limited partnership or LLC, new commercial entity for the project, subscription agreements, private placement memorandum, etc.
– Advise and direction on Securities laws as they apply to marketing, sale of securities, finder’s fees, website, qualified international investors, due diligence, independent feasibility studies
Broker-Dealer
– Continuous dialogue between the Regional Center Principals and the Intermediary regarding process and review of legal and financial infrastructures of the project to make the project EB-5 marketable
– Start reviewing all relevant documentation for Chinese translation: e.g., financial documents, brochures, website, DVDs
– Start dialogue with U.S. Immigration attorney to discuss EB-5 I-526 process, US Consulate process or Adjustment option, and I-829 Petition filing
– Discuss techniques and processes for obtaining source of investment fund information and documentation and showing authenticity and lawful source, according to EB-5 rules and policies
– Discuss timelines and investors’ expectations
– Agree upon separate attorneys’ fees and costs for each investor. To establish a method of representing the foreign national investor through the Intermediary in regards to signing Agreements, payment of attorneys’ fees, and costs covering filing fees
– Discuss methods of marketing to foreign national investors and answering questions about the EB-5 process.
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