EB-5 Immigrant Investment
The EB-5 program offers investors and their family members an opportunity to obtain US permanent residence, and provides a viable source of alternative financing to project developers, resulting in a wide range of opportunities for economic and business growth.
With the EB-5 program set to increase minimum investment amounts, and subject to legislative and regulatory change, those participating in EB-5 investments must act quickly—or adapt their business models. Regional centers, developers, private equity funds, broker-dealers, lenders, and investors need an experienced EB-5 legal team to help navigate the evolving landscape in order to achieve their goal, whether it be green card status or a successful and compliant project.
HOW WE HELP
Seyfarth’s EB-5 Immigrant Investment team is composed of seasoned cross-disciplinary attorneys who have been involved in the EB-5 program for decades and, for some, since the program began in 1990. The team includes former high-ranking government officials with intimate knowledge of the regulatory landscape governing EB-5 visas, including a director of the US Citizenship and Immigration Services (USCIS), a US Chamber of Commerce Vice President, and a senior counsel with the SEC’s Division of Enforcement.
Our clients turn to us for insightful and practical counsel related to all aspects of the EB-5 program, including issues related to immigration; compliance and risk management; corporate, securities and tax; audits, investigations and site visits; real estate and finance; public policy; litigation; and enforcement-defense.
With broad regional coverage across the US, Asia Pacific and EMEA, we offer on-the-ground, real-time advice and representation, along with an external network of trusted service providers, from economists and market analysts to business plan writers and former government officials now serving as consultants.
Participation in the industry’s most influential stakeholder organizations ensures that our attorneys are at the forefront, driving both the discussions and policies, of important issues and trends facing our clients.
We bring deep experience in:
- Advising EB-5 stakeholders in understanding, achieving, and maintaining compliance with both (i) federal immigration laws and (ii) federal and state securities laws (including exemptions from registration requirements and preparing proper investor disclosures in private placement memoranda)
- Advising developers and other sponsors on the optimal EB-5 vehicle, capital structure, and terms based on their business and fundraising objectives
- Advising lenders providing debt financing to EB-5 projects with regard to diligence and appropriate structuring
- Advising Regional Centers, broker-dealers, and others on SEC, FINRA, and immigration compliance to minimize regulatory roadblocks and provide investor protections
- Obtaining US Citizenship and Immigration Services (USCIS) Regional Center designation for project pre-approvals and amendments (Form I-924) and Annual Reporting (Form I-924A)
- Representing investors in connection with direct and regional center EB-5 investments in I-526, immigrant visas, adjustment of status, I-829 removal of conditions, and immigration court proceedings
- Representing clients in USCIS and SEC enforcement proceedings and litigation, including civil and criminal investigations and enforcement actions, as necessary
- Advising EB-5 stakeholders on current and potential legislative changes and administrative rulemaking and program-administration developments
Related News & Insights
-
Legal Update
08/26/2022
Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers
-
Media Mentions
06/28/2022
Angelo Paparelli quoted in Law360 Real Estate Authority, “One Mystery Word Has Set Off A Race For Rural EB-5 Deals”
-
Media Mentions
04/29/2022
Angelo Paparelli quoted in Law360, “EB-5 Visa Program In Limbo As Calif. Lawsuit Seeks Relief”
-
Speaking Engagement
04/27/2022
Mark Katzoff a Speaker for ILW Webinar "EB-5 Reform Act Implementation"
Recognition
-
Recognition
06/08/2022
Seyfarth Earns Top Rankings in Legal 500 US 2022
-
Recognition
06/01/2022
2022 Chambers USA Names 75 Seyfarth Lawyers as Leaders in Business Law
-
Recognition
06/14/2021
Seyfarth Earns Top Rankings in Legal 500 US 2021
-
Recognition
05/20/2021
2021 Chambers USA Names 64 Seyfarth Lawyers as Leaders in Business Law
The EB-5 program offers investors and their family members an opportunity to obtain US permanent residence, and provides a viable source of alternative financing to project developers, resulting in a wide range of opportunities for economic and business growth.
With the EB-5 program set to increase minimum investment amounts, and subject to legislative and regulatory change, those participating in EB-5 investments must act quickly—or adapt their business models. Regional centers, developers, private equity funds, broker-dealers, lenders, and investors need an experienced EB-5 legal team to help navigate the evolving landscape in order to achieve their goal, whether it be green card status or a successful and compliant project.
HOW WE HELP
Seyfarth’s EB-5 Immigrant Investment team is composed of seasoned cross-disciplinary attorneys who have been involved in the EB-5 program for decades and, for some, since the program began in 1990. The team includes former high-ranking government officials with intimate knowledge of the regulatory landscape governing EB-5 visas, including a director of the US Citizenship and Immigration Services (USCIS), a US Chamber of Commerce Vice President, and a senior counsel with the SEC’s Division of Enforcement.
Our clients turn to us for insightful and practical counsel related to all aspects of the EB-5 program, including issues related to immigration; compliance and risk management; corporate, securities and tax; audits, investigations and site visits; real estate and finance; public policy; litigation; and enforcement-defense.
With broad regional coverage across the US, Asia Pacific and EMEA, we offer on-the-ground, real-time advice and representation, along with an external network of trusted service providers, from economists and market analysts to business plan writers and former government officials now serving as consultants.
Participation in the industry’s most influential stakeholder organizations ensures that our attorneys are at the forefront, driving both the discussions and policies, of important issues and trends facing our clients.
Related Practices
We bring deep experience in:
- Advising EB-5 stakeholders in understanding, achieving, and maintaining compliance with both (i) federal immigration laws and (ii) federal and state securities laws (including exemptions from registration requirements and preparing proper investor disclosures in private placement memoranda)
- Advising developers and other sponsors on the optimal EB-5 vehicle, capital structure, and terms based on their business and fundraising objectives
- Advising lenders providing debt financing to EB-5 projects with regard to diligence and appropriate structuring
- Advising Regional Centers, broker-dealers, and others on SEC, FINRA, and immigration compliance to minimize regulatory roadblocks and provide investor protections
- Obtaining US Citizenship and Immigration Services (USCIS) Regional Center designation for project pre-approvals and amendments (Form I-924) and Annual Reporting (Form I-924A)
- Representing investors in connection with direct and regional center EB-5 investments in I-526, immigrant visas, adjustment of status, I-829 removal of conditions, and immigration court proceedings
- Representing clients in USCIS and SEC enforcement proceedings and litigation, including civil and criminal investigations and enforcement actions, as necessary
- Advising EB-5 stakeholders on current and potential legislative changes and administrative rulemaking and program-administration developments
Related News & Insights
-
Legal Update
08/26/2022
Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers
-
Media Mentions
06/28/2022
Angelo Paparelli quoted in Law360 Real Estate Authority, “One Mystery Word Has Set Off A Race For Rural EB-5 Deals”
-
Media Mentions
04/29/2022
Angelo Paparelli quoted in Law360, “EB-5 Visa Program In Limbo As Calif. Lawsuit Seeks Relief”
-
Speaking Engagement
04/27/2022
Mark Katzoff a Speaker for ILW Webinar "EB-5 Reform Act Implementation"
Recognition
-
Recognition
06/08/2022
Seyfarth Earns Top Rankings in Legal 500 US 2022
-
Recognition
06/01/2022
2022 Chambers USA Names 75 Seyfarth Lawyers as Leaders in Business Law
-
Recognition
06/14/2021
Seyfarth Earns Top Rankings in Legal 500 US 2021
-
Recognition
05/20/2021
2021 Chambers USA Names 64 Seyfarth Lawyers as Leaders in Business Law