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.