Twelve questions to ask an EB-5 sponsor, and three answers to walk away from
You are being asked for $800,000 and several years of your family’s immigration plan. These are the questions that get past the brochure.
On job creation
How many jobs are projected, and how many are direct rather than modeled? Modeled jobs are legitimate; a project that is almost entirely modeled is resting your I-829 on a spreadsheet.
What is the allocation per investor at the maximum offering size? Not at the current size. Ask what happens if they raise more.
How many jobs exist today, and as of what date? A number without a date is not a number.
Does construction funding depend on the EB-5 raise completing? If yes, your job creation depends on the sponsor’s future fundraising. Very few disclose it in those words.
On the money
Where does EB-5 sit in the capital stack, and what is beneath it? Then ask to see the subordination agreement rather than the slide.
Does the sources and uses table foot? If not, ask what is missing. The answer is usually innocent and always informative.
Has my capital actually reached the job-creating entity, and on what date? Jobs are creditable once the money is at work. The deployment trail is I-829 evidence.
What are all the fees? The subscription, the administrative fee, and anything else, in writing. Then check the ledgers match the offering document.
On immigration
What is your adjudication distribution, not your range? How many filed, how many decided, how long each took. A sponsor who cannot produce this does not track their own investors.
What is your RFE rate and what were they about? Everyone gets some. The pattern is what matters.
Who is the regional center, and when was it designated? Then verify it independently on the USCIS list.
What happens to my petition if the project fails? There is no comfortable answer. There is an honest one, and you want to hear it.
The three answers that should end the conversation
“The return is guaranteed.” EB-5 capital must remain at risk by statute. A guarantee does not merely fail to help. It can jeopardize the petitions of every investor in the fund, including yours.
“Your green card is guaranteed”, or any variant, including a promised approval timeline. USCIS adjudicates. Nobody selling you an investment controls that, and anyone implying otherwise is either misinformed or misleading you.
“You don’t need your own attorney.” You do. An investor who subscribes without independent immigration counsel has no one assessing whether the structure fits their own status, priority date, dependants and source of funds, and the sponsor cannot do that for you.
A note on how we answer these
We publish our own numbers, including where they contradict our own marketing. Our combo cards have run longer than the range our offering documents publish: median 7.7 months across 7 cases, with 6 beyond the published range. Our sources table does not currently foot, and we have written about why.
None of that is a sales pitch. It is the standard we think you should hold every sponsor to, including us. Ask us these twelve questions and we will answer them with documents.
Ask us these twelve questions directly: https://invest.eb5healthcare.com/call
Important disclosures. This material is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security. Any offering is made only through the confidential private placement memorandum, operating agreement and subscription documents of EB-5 Healthcare Fund II Mezz, LLC (the “Offering Documents”), which should be read in their entirety.
Interests are offered under Rule 506(c) of Regulation D under the Securities Act of 1933 and are available only to verified accredited investors. Self-certification is not sufficient: prospective investors must complete third-party verification of accredited status before subscribing.
An investment in this offering involves substantial risk, including illiquidity, the risk of construction and operating delay, and the risk of total loss of principal. Under the EB-5 Reform and Integrity Act of 2022 capital must remain at risk; capital that is not at risk does not support an immigration petition. Past performance and prior adjudication times are not indicative of future results.
Nothing herein is legal, tax or immigration advice. Immigration benefits, including I-526E and I-829 adjudication and permanent residence, are determined solely by U.S. Citizenship and Immigration Services and by the U.S. Department of State. No result is guaranteed. Prospective investors must retain their own immigration counsel and tax advisers.
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