EB-5 Program

How An Attorney Can Help Developers Obtain EB-5 Capital

There are many ways a qualified EB-5 attorney can help developers obtain EB-5 capital.

The EB-5 Program is very attractive to many developers and business owners looking to obtain capital when traditional methods of raising capital are not available or without having to take out a large bank loan with a high interest.

The EB-5 Programs works to the U.S. developer’s advantage because foreign investors want to invest $500,000 into qualified U.S. projects in return for green cards for them and their families. Very few EB-5 investors are looking for a high return on their investment, they are more concerned with green cards. Basically, U.S. developers are able to obtain EB-5 capital and create larger than usual projects.

It’s important that developers, however, to speak with qualified and experienced attorneys, who can help them obtain EB-5 capital.

An attorney can assist with the following issues:

  • Advising on whether the developers should form their own regional center, should acquire a dormant regional center, or should find a regional center to sponsor their project? What are the advantages and disadvantages of each option?
  • Preparing and filing for regional center designation.
  • How to best structure their project for USCIS compliance and how to get their EB-5 project pre-approved by USCIS?
  • Reviewing business plans, economic reports and job creation forecasts, marketing plans, immigration issues, geographic issues such as targeted employment areas (TEAs: EB-5 projects located in TEAs have the reduced investment amount of $500,000), and escrow agreements and transactions.
  • Preparing and filing EB-5 investors Form I-526 petitions.
  • Providing knowledge of U.S. security laws.
  • Any unexpected issues that may arise including USCIS requests for additional information.

Clare Lithgow

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