Navigating the Translation of
EB-5 Documents:
COMMON
CONCERNS AND
INSIGHTS
By Jason Gurvitz and Jor Law
Translations are one of the most
misunderstood areas of international
business, and the EB-5 industry is
no different. Despite the enormous
amounts of energy and resources
invested to prepare an EB-5 project
for presentation to foreign investors,
regional centers, law firms, private
developers, and consultants
frequently make critical mistakes
with translations of documents.
G
etting started with the wrong translation can be dis-
The Art of Working with Translation Companies
astrous. By avoiding a professional translation agen-
So how do you work with translation agencies? In this
cy, a company may lose weeks or months of valuable time
article, we’ll give you some useful insights that will help
and money only to receive translations that are partially or
you pick the right translation agency and work efficiently
completely unusable. Poor translations can not only dis-
with it.
tract investors from fully understanding the project, but
may also scare off investors that wonder why they should
First, understand that translation requires professionals.
invest in a company that cannot even properly translate its
High quality translations, especially those required for
documents.
the EB-5 industry, should not be done by a random person simply because they happen to be a bilingual cousin,
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EB5 INVESTORS MAGAZINE
It is now common knowledge that the Securities & Ex-
neighbor, friend, associate, co-worker, or assistant. A qual-
change Commission and other regulators are paying very
ified interpreter might not even be appropriate to handle
close attention to EB-5 offerings to ensure that they are
translations. That last statement might seem shocking, but
properly conducted and that investors are not being de-
let’s explore the difference between a translator and an
frauded. Perhaps the most important tenet of securities
interpreter. A translator handles written documents. An in-
law is anti-fraud protection. The essence of anti-fraud
terpreter helps two parties or groups of people verbally
securities laws is to ensure that investors are given all of
communicate in different languages, whether by phone
the material information that a reasonable investor would
or in person. Not all translators, even great translators or
deem important to consider when making an investment
interpreters, are skilled at all areas of business translation.
decision. If investors are being given information in their
A translator may be qualified to translate highly technical
native language, companies should take efforts to ensure
engineering documents from NASA but may be unable to
that those translations are proper. Of course, it should
properly translate business and legal reports. While some
be made clear that the English version of the documents
professional interpreters can translate and some profes-
should govern, but it is nevertheless important for trans-
sional translators can interpret, they often specialize in one
lations to be accurate and consistent with those English
or the other. Therefore, it’s important to note that transla-
versions.
tors might not be qualified interpreters, and interpreters
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