For EB-5 Project Developers

How we have helped EB-5 Project Developers and EB-5 Issuers

Successful and Compliant EB-5 Fund Raising

  • Review of EB-5 raise eligibility, feasibility, and best practices.
  • Structuring the EB-5 Deal: between Project Developer, and Issuer and Investors
  • SEC & EB-5 complaint documentation with international finders and migration agencies.
  • Representing Project Developers and Issuers in EB-5 roadshows in US and China
  • Negotiations with senior lenders for EB-5 loan subordination.
  • Designing Transfer of Funds protocols, to comply with US and foreign rules.
  • Review and drafting investment redemption mechanisms
  • Reviewing Business Plans for compliance with Matter of Ho.
  • Reviewing offering (PPM, Subscription, etc.) for EB-5 compliance.
  • Drafting immigration risk disclosures for PPM.
  • Reviewing and arranging EB-5 Economic Impact Report showing job creation
  • Negotiation and documentation of escrow and funds release mechanism.
  • Preparing Developer disclosures for I-924A Annual Reports.

Case Studies – EB-5 Project Developers

Case Study 1: Structuring the EB-5 Deal

E.L. consulted with us on a concept to use a mix of equity, commercial finance and EB-5 funding to create an agricultural, residential and tourist development in Hawaii. We advised on Structuring the EB-5 Deal between the Project Developer (as Job Creating Entity – JCE), the Issuer (as New Commercial Enterprise – NCE) and EB-5 Investors. We prepared and or reviewed SEC & EB-5 Compliant Documentation for the raise, including EB-5 Private Placement Memorandum, EB-5 Subscription Agreement, EB-5 Escrow Agreement, and EB-5 Limited Partnership Agreement.

We prepared the I-526 / I-924 Project Exemplar, which was approved by USCIS.

Case Study 2: SEC & EB-5 Compliant Agreements with Overseas Finders and Migration

J.U wanted to develop a residential real estate project in Northern California as an EB-5 Job Creating Entity (JCE). We prepared SEC & EB-5 Compliant Agreements with Overseas Finders and Migration Agencies and organized and accompanied project principals on EB-5 Roadshows in China, meeting potential EB-5 investors and explaining the requirements and process for EB-5 investment.

Case Study 3: Term Sheet for EB-5 Funding, EB-5 Loan Subordination Negotiation

C.M. came to us to help put together an EB-5 raise to fund a senior living facility, in conjunction with institutional lenders and equity principals. We developed the Term Sheet for EB-5 Funding and negotiated with senior lenders on EB-5 Loan Subordination terms. We accompanied project principals on roadshows in China, meeting potential EB-5 investors and explaining the requirements and process for EB-5 investment.