Immigration for investors

For developers raising EB-5 capital

Developers and regional centers that raise EB-5 capital must meet the requirements USCIS sets for designation, projects and ongoing compliance. We handle the immigration side, alongside the securities and finance counsel who handle theirs.

What we handle

Regional centers, developers and project companies.

  • Regional center designation

    Form I-956, including the operating plan and the people responsible.

  • Project applications

    Form I-956F for each investment offering, with the business plan and economic analysis.

  • Annual statements

    Form I-956G, and the records it draws on.

  • Immigration review of offering documents

    Working with securities counsel so the documents meet EB-5 requirements.

  • Job creation and targeted areas

    Coordinating the economic report and targeted employment area determinations.

  • Site visits and investor requests

    Preparing for USCIS site visits, and supplying project evidence for investors’ petitions.

How the process works

Six steps from structure to the investors’ permanent green cards.

  1. Structure the raise

    Decide whether to seek your own designation or work with an existing regional center, and how the EB-5 capital fits the financing.

    Who: the developer, the firm and finance counsel

  2. Designation

    A new regional center files Form I-956 with its geographic area, its operations and the people involved.

    Who: the firm

  3. Economic analysis

    An economist models the jobs the project will create. We check the report against the number of investors offered.

    Who: the economist; the firm reviews

  4. File the project application

    Form I-956F describes the project, the offering and the job creation. Investors’ petitions refer to it.

    Who: the firm

  5. Raise and support petitions

    As investors subscribe, we supply the project evidence their attorneys need.

    Who: the regional center and the firm

  6. Comply every year

    Annual statements on Form I-956G, records kept, and evidence of job creation for each investor’s Form I-829.

    Who: the regional center; the firm advises

Three ways to raise EB-5 capital

The right choice depends on the size of the raise and the developer’s plans for future projects.

  • Own center

    Seek your own designation

    Full control and a vehicle for future projects. Carries the compliance obligations every year.

  • Affiliate

    Work with an existing regional center

    Faster to start. The center sponsors the project and shares in the economics.

  • Direct

    A single business with direct investors

    Only direct jobs count, so this suits operating businesses with real payroll more than construction projects.

Representative matters

A few recent matters, described without client names.

  • Designation

    Regional center designation for a developer of mixed-use projects in the Northeast.

  • Project

    I-956F filing for a hotel project, coordinated with securities counsel and the project economist.

  • Compliance

    Annual statements and a USCIS site visit for a regional center with four active projects.

  • Support

    Supplied job creation evidence for a group of investors filing Form I-829 after project completion.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Planning an EB-5 raise?

Bring the project summary, the capital stack and any regional center you are working with. In the first meeting we set out the filings and the compliance that follows.