The EB-5 or Immigration Investment Program can provide tremendous value but carries significant risk to the investors, the investment and the program. Unfortunately, there has been some fraud in the program, and for this reason, USCIS is expanding its monitoring of new centers and projects. To ensure that an EB-5 project is successful, compliance must be an integral portion of each project and center, not an afterthought. How you oversee your compliance program will make the difference between a successful EB-5 investment strategy or risking adverse enforcement actions or negative publicity.
Guidepost Solutions has a highly experienced team to assist regional centers, projects, or individual advisors. Members of the Guidepost Solutions team have served in key leadership roles throughout the government, including in the U.S. Department of Homeland Security Immigration and Customs Enforcement and the Federal Bureau of Investigations. They have a keen perspective of efficiently maintaining and documenting compliance with the EB-5 requirement and often advise on the trends in enforcement actions affecting compliance filings for both standard EB-5 investments and regional centers.
Integral to that compliance is the accuracy and reliability of regional centers and projects to deter, identify and address fraud, financial malfeasance, violations of law and ethics, waste, and abuse as well as to verify a project’s performance according to its plan, budget and schedule. We deploy our integrated team of attorneys, field investigators, forensic accountants and engineers to monitor all aspects of a project.
Guidepost Solutions also offers EB-5 due diligence to assist law firms and EB-5 investor visa applicants with minimizing risk of fraudulent investment scams that abuse the Immigration Investor Program. Our investigators and forensic accountants work in tandem to help clients identify, understand and address financial malfeasance.
- Litigation support
- Construction monitoring
- Review policies and procedures
- Develop programs for managing processes and operational plans
- Verify job creation
- Employee training
- Review revenue projections
- Internal audit consulting and reviews
- Investment option due diligence
– Evaluate activity of identified regional center or investment partner(s)
– Background and vetting of investment partners, contractors and suppliers
– Withdraw / return of funds / return on investment
– Jobs creation evaluation
– Evaluation of additional costs (regional center fees)
- Investment funds due diligence
– Source of funds / tracing of funds
– Review of mandated “At Risk Capital” provision
– Transfer of funds