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LANGLEY (CITY) · EB-5 FIELD GUIDE

What paperwork explains how the project is financed?

Sources checked:

THE DIRECT ANSWER

Ask for the private placement memorandum, the subscription and partnership or operating agreements, the loan or equity instrument between the investor's enterprise and the job-creating entity, any security or intercreditor documents, and a sources-and-uses schedule. Also request the economic report supporting the job-creation claim and the construction budget behind it.

Compare the documents against the pitch

Marketing decks summarise; the executed agreements govern. Where the two differ, the agreement controls, so read the risk factors and amendment clauses closely rather than the highlights. Note the date on every version and ask whether terms are still being negotiated.

If a document is withheld as confidential, record that refusal — an investor who cannot see the loan terms cannot assess the position, and that in itself is information worth acting on. Add one filing habit that pays for itself later: keep every version of every document with the date it was received, rather than replacing superseded drafts with the current one. Where terms are still being negotiated, the sequence of versions shows what changed and when, which matters if the arrangement later differs from what was described at the time a decision was taken.

A folder containing only final documents cannot answer that question. Hypothetical example: an investor keeps four versions of an offering document across five months, and the comparison between the second and the fourth reveals a change in how a fee is calculated that no summary had mentioned and that nobody had been asked to approve.