EB-5 Investment

Use of EB-5 as part of the capital stack for an EB-5 project is a highly complicated prospect. Identifying the right Regional Center or forming a Regional Center and structuring the project so that it is compliant with the myriad of USCIS/DHS rules is a daunting endeavor.

The other very real concern for these projects is how to actually find the investors and fill the EB-5 raise. Most of the EB-5 investors come from China, but other countries are beginning to also see their citizens apply for the U.S. EB-5 program.

How does a project successfully source EB-5 investors? This is something that really needs to be considered before diving into the EB-5 world and has been the topic of numerous articles and blogs (visit Greenberg Traurig’s EB-5 insights blog). Businesses need to beware of resorting to “finders” to help locate investors. Except in very limited circumstances, paying a commission or “success fee” to a finder that is not registered as a broker-dealer violates federal and state securities laws. A company that hires a finder, as well as the company’s directors, officers, and owners, can be liable to investors and sanctioned by regulators for such violations.

This article focuses on the potential pitfalls in sourcing investors from immigration and other attorneys or consultants that are not properly registered.Continue Reading Who Can Source Investors For EB-5 Projects: The World of Finders, Consultants, Attorneys, and Broker Dealers

The American Job Creation and Investment Promotion Reform Act, S. 1501, was introduced in the Senate by Senate Judiciary Committee Chairman Charles Grassley (R- IA) and Senate Judiciary Committee Ranking…
Continue Reading Section by Section review of The American Job Creation and Investment Promotion Reform Act, S. 1501 – EB-5 Reform Legislation

A June U.S. Policy Metrics/Hamilton Place Strategies report Harnessing Private Capital For Job Creation: An Analysis Of The EB-5 Visa Program demonstrates the impact of the EB-5 visa program as a net job creator and budget-neutral catalyst for bringing private investment into the U.S. The report was commissioned by the EB-5 Investment Coalition (EB-5IC), a broad-based, bipartisan organization focused on reauthorizing and strengthening the EB-5 Regional Center Program. This report is authored by Steve McMillin, a partner at U.S. Policy Metrics and former deputy director of the White House Office of Management and Budget under President George W. Bush; Michael Solon, also a partner at U.S. Policy Metrics and former budget advisor to Senate Majority Leader Mitch McConnell (R-KY); and Matt McDonald, a partner at Hamilton Place Strategies and a former advisor to President George W. Bush.
Continue Reading New Report Validates the EB-5 Program as a Most Efficient Job Creation Program

The United States Conference of Mayors conference hosted their 83rd Annual Meeting on June 19-22, 2015 in San Francisco, California. The EB-5 immigration investor program was included in the adopted resolutions of the organization as listed herein:

EB-5 IMMIGRANT INVESTOR PROGRAM

WHEREAS, EB-5 is the designation for the fifth employment-based preference immigrant visa category established by Congress in 1990; and

WHEREAS, Congress established the Immigrant Investor Pilot Program in 1992 to create Regional Centers which aid foreign investors, by directing and professionally managing their investments while concentrating pooled investments in defined distressed economic zones; and

WHEREAS, EB-5 allocates 10,000 visas annually to foreign investors and their families who invest at least $1 million (or $500,000 in a target employment area) which must generate at least 10 jobs; and

WHEREAS, EB-5 has become a vital source of urban redevelopment funds; and

WHEREAS, since 2008 over $8.6 billion has been invested in qualified American projects; and

WHEREAS, that investment has supported over 171,000 American jobs; and
Continue Reading The 83rd U.S. Conference of Mayors in San Francisco Adopts Eb-5 Related Resolution

Matt GalatiGreenberg Traurig attorney, Matthew Galati, recently presented at the AILA Philadelphia Chapter’s 2015 CLE Conference.  Galati provided an overview of pending legislation, discussing AILA’s platform, and outlining the benefits…
Continue Reading Greenberg Traurig Presents at the American Immigration Lawyers Association (AILA) Philadelphia Chapter

True or FalseMyth 1:  Buy a Green Card – The EB-5 program was established to help high-net-worth individuals buy a green card.

Fact:  The EB-5 program is a highly regulated employment-based permanent residence application that takes years to complete.  The initial application requires detailed proof of investment in a qualified project.  It also requires evidence of an investment of either 1 million USD or 500,000 USD and the creation of 10 jobs for U.S. workers.  The investor’s application is screened and, if approved, only a “conditional green card” is granted. The same in-depth review of the project and the investor’s background are conducted two years after conditional status is granted to ensure the individual’s continued eligibility for the EB-5 immigrant investor category.

Myth 2:   Loophole for Criminals/Terrorists – The EB-5 program provides an easier way for potential immigrants to go through background clearances, providing a loophole for potential criminals and terrorists.

Fact:  As described above, the EB-5 program requires an investor’s record to be reviewed two times – once for a conditional green card and then again when obtaining a permanent green card.  In addition to the normal screening process for other employment based permanent residence applicants, which is conducted twice for EB-5 applicants, the EB-5 applicant must have the project reviewed for compliance with regulatory requirements, including proving the requisite amount of investment and the requisite number of jobs to be created.  Moreover, EB-5 applicants go through a rigorous vetting process to demonstrate that their source(s) of funds is(are) lawful and that those funds can legally be invested into qualified projects.
Continue Reading Myth vs. Fact: Responses to Arguments Against the EB-5 Pilot Program

Greenberg Traurig attorneys, Kate Kalmykov and Laura Reiff, were honored to receive the award for “Best Contribution to EB-5” by the U.S. Investment Immigration Forum during its conference…
Continue Reading Greenberg Traurig’s Kate Kalmykov and Laura Reiff Receive ‘Best Contribution to EB-5’ Award at US Investment Immigration Forum Conference