Cozen O’Connor: EB-5 Immigrant Investor Program Services and Compliance

EB-5 Immigrant Investor Program Services and Compliance

Recent News:

After Another Last-Minute Extension, Legislators Focus on EB-5 Reform

Roy Carrasquillo, a member of Cozen O'Connor's Corporate practice group, discusses the extension of the EB-5 program in National Real Estate Investor.

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Cozen O’Connor’s EB-5 Immigrant Investor Program Services and Compliance practice is a multidisciplinary group of attorneys drawn from our Corporate/Securities, Immigration, Private Client Services, Real Estate, and Tax Practice Groups, as well as Cozen O’Connor Public Strategies, who provide an integrated approach for clients with matters involving the EB-5 Program.

Our multidisciplinary approach covers all legal aspects related to the EB-5 Program, including the following:

Corporate/Securities – Provide advice on investments, securities, and corporate organizations related to EB-5 securities offerings and federal and state securities laws, including exemptions from registration requirements and the preparation of proper disclosures.

Immigration – Represent investors and regional centers in complying with all aspects of immigration law.

Private Client Services and Tax – Advise clients interested in the EB-5 Program on global strategies for pre-relocation tax and estate planning.

Real Estate – Secure loans and investments, as well as advising on acquisitions, leases, and closings.

Cozen O’Connor Public Strategies – Advocate before the legislative and executive branch on the EB-5 Program and monitor policy developments regarding its reauthorization and provisions. Advise clients on how to deal with regulatory agencies such as USCIS and DHS and obtain approval for projects.

Compliance Services – Work with developers and regional centers to determine their compliance needs, establish procedures for annual reporting requirements, advise them in managing their compliance documentation, and help them to alleviate any immigration and compliance related risks.

Litigation – Represent EB-5 investors in complex federal litigation issues, as plaintiffs against regional centers and EB-5 projects involving failure or fraud and represent EB-5 regional centers or issuers as defendants in U.S. SEC Commission enforcement actions.

Our integrated one-stop approach helps our clients plan ahead and anticipate and avoid pitfalls involving immigration, financing, real estate, tax, insurance, and other potential issues, helping assure business plans become reality. Our clients include:

Individual EB-5 investors looking for advice on immigration matters, as well as with pre-relocation planning, including tax and estate planning.

Developers seeking to raise capital using the EB-5 Investor Visa Program and how to incorporate EB-5 capital into their capital stack.

Entities filing for an EB-5 regional center designation both at the private and public level.

States and municipalities looking to incorporate EB-5 capital as a source of funding for economic development.

Established regional centers on immigration and securities matters.

Our EB-5 team has experience obtaining USCIS Regional Center designation for project pre-approvals and amendments (Form I-924) and Annual Reporting (Form I-924A). Our EB-5 immigration team also has experience centralizing and reviewing I-526 petitions for sources of funds on behalf of regional centers and/or issuers to ensure compliance with the EB-5 Program, as well as filing and reviewing I-526 and I-829 petitions on behalf of individual investors.

Our attorneys also have experience with public-private partnership projects using EB-5 funds and other economic and tax incentives, as well as the combination of EB-5 financing with other programs, such as U.S. federal tax credits (i.e., LIHTC, NMTC, and HTCs).

Our EB-5 attorneys are business-oriented and understand how to assist our entrepreneurial clients to achieve their goals, including handling EB-5 transactions at various levels of investment, ranging from smaller deals to transactions at or above $100 million as either direct investments or regional center projects.

Publications

EB-5 Reform: What To Expect After SEC Jay Peak Enforcement [Law360]

June 09, 2016

Roy Carrasquillo, a member of Cozen O'Connor's Corporate practice group, and Scott Bettridge, a member of Cozen O'Connor's Immigration practice, discuss EB-5 reform in Law360.

The Benefits Of Permanently Authorizing EB-5 [Law360]

January 11, 2016

Roy Carrasquillo, a member of Cozen O'Connor's Corporate practice group, and Scott Bettridge, a member of Cozen O'Connor's Immigration practice, discuss the benefits of permanently authorizing EB-5 in Law360.

April 2018 Visa Bulletin Has Been Released – EB-1 India and China Will Retrogress [Immigration Alert]

January 01, 1900

Fran Rayer discusses significant changes in the visa availability for Indian and Chinese nationals in the employment-based first-preference category (EB1).

Events & Seminars

Past Events

EB-5 Immigration Investor Program Updates

April 19, 2018 - Atlanta, GA

EB-5 Legislative Update

May 01, 2017 - Webinar