EB-5 escrows are highly specialized and it’s important to work with experienced escrow professionals on these complex escrow transactions. Hollywood Escrow can handle an EB-5 escrow from beginning to end with carefully written instructions to meet the needs of all the parties to the transaction.
An EB-5 Escrow is a contractual arrangement formed between an EB-5 Issuer, an EB-5 Investor (or their representative), and the Escrow Agent. In a typical EB-5 escrow transaction, the EB-5 Investor deposits his/her funds with Hollywood Escrow, who receives, holds, and then disburses the money upon satisfaction of mutually agreed upon release conditions.
In a typical EB-5 escrow, the Investor pledges to refund the funds held in escrow in the event that his/her I-526 petition is denied or withdrawn. An EB-5 escrow is a great way to assure that funds will be available for return should a refund be warranted. This additional layer of security provides a higher level of investor confidence.
An EB-5 escrow is most commonly used to hold subscription funds during the subscription and application phase of an EB-5 application. EB-5 escrow documents are frequently included as part of the Regional Center (I-924) application or project exemplar filed with the USCIS. As such, an EB-5 escrow account should be set up in advance of the marketing of the offering so that the escrow account is open and ready to receive funds when the offering is ready to be sold.
When an escrow is used in the subscription phase, there are two basic models – Hold-Until-Approval and Early-Release. With a Hold-Until-Approval Escrow the subscription funds remain in escrow until the I-526 petition is finally adjudicated. Under the Early-Release escrow model, funds are released during the I-526 application process but prior to a final adjudication.
The Hold-Until-Approval model provides the highest level of funds security for investors and is considered a best practice for investor protection. These structures are sophisticated and require working with a company that has the requisite expertise.