Retainer agreement disclosures, confirmations, warnings and conflict waivers:
1: We have not and will not advise you in which regional center to invest. (We have and will advise, if requested, of information available to us regarding the immigration approval history (I-526 and I-829 petitions) for specific regional centers);
2: We have not and will not advise you on rate of return of your investment, security of your investment, timing of return of your investment, or any tax or financial aspects of your investment;
3: We have not and will not advise you on US, state, or foreign country securities law issues;
4: We have not and will not advise you on foreign country currency laws and restrictions;
5: We have not and will not advise you whether any regional center is a better investment than any other regional center or than another investment you might otherwise make;
6: You agree that you have been advised to seek independent advice on these matters from a financial advisor, business advisor, business or securities lawyer or accountant and that you have sought such advice, or declined to seek such advice;
7: The privileges of the lawyer-client relationship we have with you, such as our independent advice to you and the protection of your confidential communications with us, only extend to lawyers and staff of the firm and do not extend to services and communications you may receive from the regional center.
8: A regional center EB-5 petition has certain inherent risks in addition to the risk that your investor petition may not be approved. You confirm that you are aware of these risks, and you have chosen to accept these risks, including the following:
A: Risk of loss of some or all of your investment, or risk of delay in realizing any return of or on your investment, for which risks you certify that you have received advice and counsel from financial, tax, business, securities and/or other advisors, and not from our law firm;
B: Risk that a particular regional center project may be found not to qualify under the EB-5 regulations and guidance;
C: Risk that a qualifying regional center project may be found not to qualify for removal of conditions on your permanent resident status for any reason, including failure of the project for economic or other reasons to produce revenues, expenditures, employment creation or other predicted criteria on which the approval of the EB-5 petition was based;
D: Risk that a regional center may lose certification;
E: Risk that a regional center or a regional center project may file for bankruptcy or otherwise default on its obligations;
F: Risk that the regional center EB-5 program, which is a pilot program that must be periodically renewed, will expire; and
G: Risk that material deviations may occur between representations made in the business model forming the basis of the econometric report and actual business realities, requiring at a minimum the submission of an amended Form I-526, resulting in a new period of conditional residence. Should this occur, dependent children may be too old to derive a benefit from the new petition.