Start with the business case

Ask what demand supports the project, which customers or tenants it expects and how revenue assumptions were developed. Compare those assumptions with evidence rather than accepting an attractive rendering as a feasibility study.

For a development project, request the current status of land control, permits, construction contracts and the budget. Identify contingencies and the party responsible for cost overruns. For an operating business, ask what performance records support the forecast. The review should fit the business instead of relying on one generic checklist.

Test whether the financing is complete

Identify the intended sources of funding, amounts already committed and conditions that remain. A senior-loan term sheet, a committed facility and funded capital are different things. Ask what happens if the EB-5 raise is slower than expected or another funding source falls away.

Understand the developer’s contribution and whether it is cash, contributed property or another form of value. Ask who bears losses first and which capital providers can act if the project defaults. Request a downside explanation alongside the base-case forecast.

Connect spending and operations to job evidence

Your attorney and the project’s qualified specialists should explain the job-creation methodology, supporting assumptions and allocation to investors. Ask which activities generate the relevant evidence and what must still happen for the case to support removal of conditions.

Keep copies of the materials counsel considers important and know who will supply later records. A job forecast needs an evidence plan; it should not be reduced to a confident sentence in a sales presentation.

Follow the proposed repayment route

Ask whether repayment depends on refinancing, asset sales, operating cash or another event. Identify the assumptions behind that event, the planned timing and any extension rights. A refinancing strategy needs to be assessed against the project’s future condition and available lending market.

Trace proceeds from the project to the enterprise and then to investors. Ask what expenses, senior claims or management decisions could intervene. Your immigration progress does not itself trigger repayment.

Document the unresolved questions

Build a simple comparison sheet with four columns: the claim, the supporting document, the party responsible for answering and what remains unresolved. If a material answer is verbal, request written confirmation consistent with the offering documents.

Independent verification and attention to structural risk are central themes in the SEC’s EB-5 investor alert. Treat this article’s practical questions as a starting point, not a securities recommendation or a finding that any particular offering is safe.

  • What evidence would change my view of the project?
  • What can fail commercially even if the immigration filings proceed?
  • Can my family tolerate the resulting loss or delay?

Our team can help organize a discussion of project assumptions. See Matthew’s experience and ask about the scope of support before choosing an offering.