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Do investor funds need be reimbursed?

We are a non profit development corporation. We would like to set up a regional center in our area. We would like to place in our offerings to potential investors ans state that we do not desire to refund or reimburse their investments, but utilize the investment additional jobs, solar energy projects, farmers and farms in our community. under what designation would we categorized this type of offering?

Answers

Raymond Lahoud
February 28, 2016 03:21 PMRaymond Lahoud

The entire purposes of the EB-5 program is that it is an investment based program. There would have to be a return on investment and the like.

Ismael Fernandez
March 02, 2016 08:38 AMIsmael Fernandez

The law does not require that you return the investment since it needs to be at risk, but no business man will invest in your project if they know the investment will not be returned, and with some interest. Furthermore the EB-5 program is officially directed towards for-profit businesses only. This however is often circumvented in the Regional Center world by ensuring that the EB-5 investment takes place in the New Commercial Enterprise (NCE) which is a for-profit organization that then lends the money to the project developer. Investors are always looking forward to get their principal back along with some interest.

Colin Behring
January 11, 2017 11:56 AMColin Behring

STOP. Do not waste your time. People forget that EB-5 is a "market based program" where you will have to compete for investor dollars. Your proposed terms read that investors will "absolutely not get paid back". Your offering will not be competitive and you actually offer no competitive advantage against your competitors. EB-5 is not free money. It is cheaper than other sources found on the street but it is not "FREE". Unless USCIS kills the program by creating a catagory demanding investors to throw money away into "black hole" projects, the proposed concept is dead in the water.

Kenneth Tran
February 22, 2017 03:27 AMKenneth Tran

While your intentions are noble it would be defrauding the investor.

user
March 16, 2017 12:54 PM

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