Our EB-5 Immigrant Investor Program Services and Compliance practice is a multidisciplinary group of attorneys drawn from our Securities, Business Immigration, Real Estate, Taxes, Government Affairs and Litigation practice areas, who provide an integrated approach for clients with matters involving the EB-5 Program.

Our multidisciplinary approach covers a majority of the legal aspects related to the EB-5 Program, including the following:

  • Securities – Provide advice on investments, securities, and corporate organizations related to EB-5 securities offerings and federal and state securities laws, including exemptions from registration requirements and the preparation of proper disclosure documents.
  • Business Immigration – Represent investors and regional centers in complying with all aspects of immigration law.
  • Real Estate – Secure loans and investments, as well as advising on acquisitions, leases, and closings.
  • TaxesAdvise clients interested in the EB-5 Program on global strategies for pre-relocation tax and estate planning.
  • Litigation– Represent EB-5 investors in litigation issues, as plaintiffs against regional centers and EB-5 projects involving failure, fraud or corporate matters.  We also represent EB-5 regional centers or issuers as defendants in U.S. SEC Commission enforcement actions or other litigation or arbitration proceedings.
  • Government AffairsMonitor policy developments regarding the EB-5 Program’s reauthorization and provisions. Advise clients on how to deal with regulatory agencies such as USCIS and DHS and to obtain approval for projects.
  • Compliance Services – Work with developers and regional centers to determine their compliance needs, establish procedures for annual reporting requirements, advise them in managing their compliance documentation, and help them to alleviate any immigration and compliance related risks.

Our integrated one-stop approach helps our clients plan ahead and avoid potential issues, helping assure business plans become reality.

Our clients include:

  • Individual EB-5 investors looking for advice on immigration matters, as well as with pre-relocation planning, including tax and estate planning.
  • Developers seeking to raise capital using the EB-5 Investor Visa Program and how to incorporate EB-5 capital into their capital stack.
  • Entities filing for an EB-5 regional center designation both at the private and public level. States and municipalities looking to incorporate EB-5 capital as a source of funding for economic development.
  • Established regional centers on immigration and securities matters.
  • Groups of investors working with managers or regional centers to ensure the proper redeployment of their capital.

Our EB-5 team has experience obtaining USCIS Regional Center designation for project pre-approvals and amendments (Form I-924) and Annual Reporting (Form I-924A). Our EB-5 immigration team also has experience centralizing and reviewing I-526 petitions for sources of funds on behalf of regional centers and/or issuers to ensure compliance with the EB-5 Program, as well as filing and reviewing I-526 and I-829 petitions on behalf of individual investors.

Our attorneys also have experience with public-private partnership projects using EB-5 funds and other economic and tax incentives, as well as the combination of EB-5 financing with other programs, such as U.S. federal tax credits (i.e., LIHTC, NMTC, and HTCs).

Our EB-5 attorneys are business-oriented and understand how to assist our entrepreneurial clients to achieve their goals.

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