EB-5 Due Diligence & Risk Review

Our comprehensive due diligence reports examine six key areas: (1) developer and principals background checks including litigation history; (2) regional center compliance and administrative status; (3) project capitalization, loan structure, and exit strategy; (4) job creation methodology and economist qualifications; (5) securities offering documentation review; and (6) overall USCIS adjudication risk assessment. Reports are delivered as written documents suitable for use with your immigration attorney.

Matter of Ho is a landmark 1998 AAO decision that established the evidentiary standard for EB-5 business plans. It requires that plans be 'comprehensive, detailed, and credible.' Matthew Khalili's qualifications as a Matter of Ho expert witness mean he applies this same rigorous standard to due diligence analysis — ensuring our reports hold up under USCIS scrutiny and provide genuine legal defensibility for your investment decision.

Due diligence reports are typically prepared for the investor's personal use and attorney review rather than direct USCIS submission. However, the analysis informs and strengthens the petition by ensuring the project documentation meets the Matter of Ho standard. Your immigration attorney can use our findings to identify documentation gaps before filing. In some cases, a separate expert opinion letter may be appropriate for petition support.

Standard due diligence reviews require 2–3 weeks from receipt of complete project materials. Complex projects involving multiple loan tiers, overseas developer entities, or novel job creation methodologies may require additional time. We provide a preliminary findings call within the first week so investors can make informed decisions quickly. Expedited reviews are available for time-sensitive situations.

Common issues include undisclosed litigation against developers or principals, regional centers with compliance violations or administrative termination risk, inadequate job creation projections that don't account for project delays, loan structures where EB-5 capital is deeply subordinated without appropriate risk compensation, and economists with methodological inconsistencies. We identify these issues before your capital is committed — not after.

We maintain strict internal separation between our advisory and due diligence functions. Projects presented to investors have already passed our pre-screening process. However, investors who wish to commission an independent third-party due diligence report on any project — including projects we recommend — are encouraged to do so, and we facilitate that process with full transparency. Informed investors make better long-term clients.