Advanced SOF & Adjudication Trends: What’s Changed in 2026 and What It Means for Your Filing
Source of funds adjudication, RFE and NOID patterns, capital protection structures, and NCE Manager obligations.
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5:00 PM
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Beyond International | KLD LLP
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Source of funds adjudication, RFE and NOID patterns, capital protection structures, and NCE Manager obligations.
RFE and NOID patterns have shifted in 2026 - and the two areas where EB-5 filings face the most friction remain the least examined by investors: source-of-funds documentation strategy and capital protection structures.
Adjudicators are applying different scrutiny to SDIRA-funded filings, HELOC documentation, margin loans, and gift-based funding strategies than they were six months ago. On the capital side, the distinction between a senior loan label and a first lien position - and what the NCE Manager’s fiduciary obligation actually covers - is more consequential than most investors realize.
With fewer than six months until the September 30, 2026 grandfathering deadline, and source-of-funds preparation requiring three to six months, the window to build a defensible filing strategy is narrowing.
In this session, Phuong Le and Hallie Schechter from KLD LLP will break down the adjudication trends shaping filings right now, and Jenny Zhan, CEO of Beyond International Group, will walk through the capital protection structures and NCE Manager framework that determine how your investment is actually protected.
What We Will Cover
- Path of Funds vs. Source of Funds
- The distinction triggering the majority of RFEs - why confusing the two remains the most common filing mistake, and what documentation strategies are holding up under current adjudication.
- 2026 RFE and NOID Patterns by Funding Method
- What’s changed across SDIRA (the NOID wave and which documentation is working), HELOC, margin loans, gifts, and unsecured lending. Real patterns from active cases - not general guidance.
- Filing Prep Checklist
- The 3–6 month preparation timeline for investors approaching their filing window - what to assemble, what to validate, and what most people start too late.
- Capital Protection Structures and NCE Manager Framework
- Bridge financing mechanics, senior loan vs. first lien positioning, and what each means for capital recovery priority. How Beyond International Group structures EB-5 capital and what the NCE Manager’s fiduciary obligation covers.
- Live Q&A
- Bring your questions and hear practical answers from attorneys and EB-5 project leadership.
Source of Funds Adjudication
What’s changed in 2026: the distinction between path of funds and source of funds that triggers most RFEs, and which documentation strategies are holding up under current scrutiny.
RFE & NOID Patterns
Real patterns from active cases across SDIRA, HELOC, margin loans, gifts, and unsecured lending - not theory, but what adjudicators are flagging right now.
Capital Protection Structures
Bridge financing mechanics, senior loan vs. first lien positioning, and the NCE Manager’s fiduciary obligations - the structural detail that determines capital recovery priority.
Hear from Industry Experts
Phuong Le
Speaker
Phuong Le is a Partner at KLD LLP with more than 13 years of experience leading a global EB-5 practice.
He has advised Regional Centers and businesses across the U.S. on more than $2 billion in EB-5 transactions spanning commercial real estate, multifamily, hospitality, and charter school developments.
- Former in-house counsel for a major Southern California EB-5 Regional Center
- More than $500 million in EB-5 financing experience
- Serves on AILA's National EB-5 Committee
Hallie Schechter
Speaker
Hallie Schechter focuses on EB-5 immigrant investor matters with particular depth in source of funds strategy and documentation.
She advises investors navigating the complexities of the EB-5 program and guides families through the process of obtaining U.S. permanent residency through investment.
- Deep experience in source-of-funds strategy and documentation
- Also advises on EB-1A, NIW, O-1, and mandamus matters
- Background overseeing EB-5 client portfolios before law school
Jenny Zhan
Founder and Chief Executive Officer
Jenny Zhan leads Beyond Holding Company’s EB-5 platform with a focus on project execution, investor transparency, and disciplined regional center strategy.
She oversees project development, capital structure, and ongoing investor-facing updates across the firm’s Hawaii Big Island rural EB-5 initiative.
- Regional center quality and project oversight
- Construction progress, job creation, and execution visibility
- How project structure supports investor decision-making in 2026
Exclusive Perks for Registered Guests
Registering secures concierge guidance, premium diligence materials, and live project intel curated for EB-5 decision makers.
Elite Perk
Priority 1:1 Consultations
Private strategy sessions to discuss your EB-5 timeline and filing considerations.
Elite Perk
Investor Brief Packet
Webinar recording, project overview materials, market analysis, and site visit footage.
Elite Perk
Project Updates
Direct updates on the progress of our Hawaii Big Island rural EB-5 project.
Don’t Leave Your Future to Chance.
Even if you cannot attend live, register now to receive the full recording and briefing materials immediately following the session.