EB-5 Immigrant Investor Program: Step 3 for International Students Applying for Investment Immigration – Signing Project Legal Documents
Step 3 for International Students Applying for Investment Immigration: Signing Project Legal Documents
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
After completing Step 2 of the EB-5 investment immigration application process—selecting an investment project—the investor will receive a set of legal documents related to the project.
The EB-5 investor should review every single one of these documents in consultation with professional advisors, as signing constitutes acknowledgment of the content and acceptance of corresponding liabilities.
Some investors, due to limited English proficiency, may request Chinese versions of the project documents from the sponsor. Do not sign Chinese-language versions, as they hold no legal validity in the United States.
Strictly speaking, EB-5 investors with inadequate English skills should engage a trusted, English-proficient individual to translate or interpret the contents of the investment project documents.
That said, some investors place complete trust in their agents and project sponsors; they never read the project documents themselves and only sign on the signature pages of each document.
The number of documents requiring an EB-5 investor’s signature varies by sponsor, but all investment projects mandate the execution of certain core documents.
Documents to be signed by EB-5 investors include but are not limited to: the subscription agreement, escrow agreement, limited partnership agreement, etc.
The project sponsor will require EB-5 investors to complete an investor eligibility questionnaire to collect relevant personal information.
If the EB-5 investor is married, their spouse may also be required to sign certain documents.
For specific guidance on which project documents need to be signed and how to execute them, investors should consult their own immigration attorneys.
Signed documents should be submitted to the project sponsor or agent as required. However, it is advisable to request a counter-signed copy of the executed documents for personal record-keeping.
Do not expect to negotiate modifications to the investment immigration project documents based on personal preferences prior to signing. This is because the legal documents for a project are drafted by attorneys in advance and filed with U.S. Citizenship and Immigration Services (USCIS) for record purposes.
The full set of legal documents applies uniformly to all investors participating in the project. Investors should exercise caution if a sponsor agrees to amend the project documents to accommodate the specific requests of individual EB-5 investors.
The executed project documents will be submitted to USCIS by the immigration attorney along with the Form I-526E petition.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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