Usually the English contract, but that is not the end of it
Many EB-5 offering documents say the English version controls. That clause matters for the contract. It does not erase what you were told. If the brochure, the presentation or the agent’s messages in your language promised something the English documents did not say, or left out a risk the English documents buried, that gap can be evidence of a misleading sale.
Courts and arbitrators also look at whether investors who do not read English were given a fair chance to understand clauses that limit their rights, such as an arbitration clause or a waiver of class actions.
Keep both versions of everything
Do not throw away the translated materials because the English version is the official one. Keep them together:
- The brochure and presentation slides, in every language you received them
- The English offering memorandum, subscription and partnership agreements
- Any translation you were given of those agreements, and who provided it
- Chat messages and emails from the agent, in the original language
- Every update from the regional center
What the comparison can show
Investors often find that the translated materials promised a safe or guaranteed return, a certain green card, or repayment by a fixed date, while the English documents said the opposite in small print. The SEC lists promises of a visa and guarantees of little or no risk among the warning signs of EB-5 fraud. A side-by-side comparison, done by a certified translator, is one of the first things we prepare.
Key takeaways
If you remember six things
- An "English controls" clause governs the contract, not what you were promised in your language.
- Keep every translated brochure, slide and message alongside the English documents.
- Gaps between the two versions can support a claim that the investment was sold misleadingly.
Questions
Asked most often
I signed documents I could not read. Is the contract still valid?
Usually, yes; signing generally binds you. But whether specific clauses, such as an arbitration clause or a class waiver, can be enforced against investors who were not given a fair chance to understand them is often contested, and it is one of the first things we review.
The agent only spoke to me on WeChat or WhatsApp. Does that count as evidence?
Yes. Export the full conversation with dates before the account or the messages disappear. Messages from the seller are often the clearest record of what was promised.