Although the EB-5 program administered by the US Citizenship and Immigration Service has been in place since the 1990s, it has become increasingly popular in recent years. The program benefits foreign investors, who can earn permanent residence status, and the United States, which benefits by the program’s creation of jobs.
While some foreign investors make direct investments through the EB-5 program, the largest percentage of capital is invested through the more than 600 Regional Centers across the United States that sponsor capital investment projects for investment by EB-5 investors. Program transactions require effective counsel on a range of issues, including immigration law, real estate development and investment, lending, and securities law. Failure to understand and properly address these issues can result in substantial cost and liability, as well as harm to the reputational status of the participants, and deep and personal disappointment to foreign investors who do not obtain permanent resident status or who lose all or part of their investments.
Hunton & Williams LLP has a cross-disciplinary group that provides the full range of experience needed by transaction participants, including foreign investors, developers, and lenders. Whether transactions involve direct investments or pooled investments through Regional Centers, our lawyers have the knowledge and judgment needed to counsel clients effectively in achieving their goals.
Representative EB-5 Services
- Suitability of our clients for the EB-5 program vs. other programs that may lead to resident status.
- Preparation of I-526 and I-829 petitions and related applications.
- Due diligence regarding and evaluating EB-5 transactions to identify potential risks for clients, whether investors, developers or bridge loan lenders.
- Confirmation that the particular EB-5 transaction meets the necessary criteria so that permanent resident status may be obtained.
- Assurance of compliance with securities laws issues and exemptions for developers and lenders.
Our lawyers have been recognized by publications such as Chambers USA (2004-2014) as leaders in corporate and finance, immigration, real estate, real estate finance, securities, environmental, labor and employment, and tax law. Our team is further supplemented by a number of paralegals and paraprofessionals who help to facilitate these transactions in a cost-efficient manner.