Next week USAdvisors will be hosting an EB-5 seminar in Orlando, Florida.  The Overseas Capital Funding & Capital Raise Workshop is an intense one week course for those interested in learning how to raise funds from overseas investors, both private and institutional, how to structure EB-5 offering packages and securities documents, and to put together the best EB-5 team to raise funds within the regulations imposed by both U.S. and foreign securities laws.

On Monday, I will take part in a panel entitled “EB-5 Investments Through a Broader Lens.”  The panel will discuss the ethical considerations involved in EB-5 offerings from both an immigration and securities perspective.  The panel will address why EB-5 projects are considered securities offerings, investor qualifications issues, securities law exemptions, and disclosure requirements, among other things.  The ethics portion will advise participants on avoiding and managing potential conflicts of interest, best practices for navigating the EB-5 landscape and finder’s fees.

EB-5 and Investments Through a Broader Lens

  • Securities law issues
  • EB-5 Projects as securities
  • Investor Qualifications
  • Reg. D and Reg. S Exemptions
  • Disclosure Requirements
  • Broker-Dealer
  • Right of Rescission
  • Ethics and Risk Management
  • Knowing when to co-counsel and when to use experts
  • Avoiding and managing conflicts of interest
  • Advising clients about investments – is it smart?
  • Finder’s fees
  • Professional liability insurance considerations

On Tuesday, I will head a panel entitled “Marketing Your EB-5 Project- Where Immigration Practicalities and Securities Laws Intersect.”  This panel will discuss the realities of bringing an EB-5 offering from formation, through USCIS designation and then to market.  It will offer participants “hands on” advice on how to spot and deal with the following issues:

  • Choosing your EB-5 Team
  • Common mistakes in SEC offering documents
  • Material Changes and the Impact on the Immigration Filings
  • Rights of Rescission
  • Use of Internet Marketing
  • Broker/ Dealer Issues
  • Working with overseas marketing agents
  • Investor Screening and Due Diligence

I encourage our readers in attendance at the conference to stop by and say hello to Dawn and I.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.