The EB-5 investor visa program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program provides a pathway for foreign nationals to obtain permanent residence (green card) in the United States by investing in a new commercial enterprise (NCE) sponsored by a regional center designated by U.S. Citizenship and Immigration Services (USCIS).
Klasko Immigration Law Partners has a specialized team that provides EB-5 immigration services for regional centers and developers under the EB-5 investor visa program. Our EB-5 regional center and developer attorneys are relied upon by regional centers and developers nationwide to help them navigate the complexities of the EB-5 program. The EB-5 attorney team has a proven track record of success in helping our clients achieve their capital-raising goals under immigration laws.
EB-5 SERVICES FOR REGIONAL CENTERS
The majority of EB-5 investments are invested in regional center projects. Investors often prefer investing in the regional center program because it does not require active management, and they can meet the job creation requirement by counting both direct and indirect jobs created by the regional center project.
Many regional center projects are real estate projects in which EB-5 capital is an important source of capital. For developers, the choice of a regional center is key to a successful EB-5 project. Regional center designation can take several years, but once designated, regional centers can profit by funding their projects as well as overseeing projects developed by others.
There are many requirements and various professionals needed when creating a new regional center. The process can take years for approval. In some cases, purchasing an existing, designated regional center can expedite the process. The EB-5 immigration attorneys at KILP are adept at advising clients regarding applying for a new regional center designation vs. purchasing an existing regional center and implementing whichever course is chosen.
EB-5 SERVICES FOR DEVELOPERS
Structuring a project for EB-5 sponsorship is complex. Klasko Immigration Law Partners has attorneys on staff with deep experience in structuring successful projects to achieve the goals of both the developer and the investor. KILP EB-5 attorneys can guide the developer on every milestone required for immigration success for the project. Preparing a successful EB-5 project requires Klasko’s attorneys to oversee a team of professionals, including:
- EB-5 Economist – conducts economic projections of direct and indirect jobs and determines TEA (targeted employment area) and geographic boundaries.
- Securities/Corporate Attorney – prepares SEC-compliant offering documents, which specify immigration risks, as well as creates the corporate entities.
- EB-5 Business Plan Writer – prepares the business plan to include a project overview, use of capital, timeline, job creation, and operational plan.
- Marketing Firm – locates investors.
EB-5 COMPLIANCE FOR REGIONAL CENTERS AND DEVELOPERS
Compliance is most effective when incorporated from the very beginning, much like building a house on a solid foundation. KILP’s experienced EB-5 immigration attorneys’ approach is centered around compliance for regional centers, and developers to mitigate risk for all stakeholders in the process. Compliance is essential for the EB-5 project’s success and to maintain investors’ confidence. From regional center designation to the removal of conditions on investors’ green cards, regional centers and developers need professional assistance in managing a compliant documentation process. KILP’s EB-5 immigration attorneys provide the tools to collect, manage, and present critical information for successful I-829 and I-956G filings.
When considering an EB-5 immigration attorney to manage this process, KILP offers the following EB-5 compliance services to assist regional centers and developers:
- Preparing and filing annual form I-956G for regional centers
- Maximizing the in-house capacity for document maintenance and overall I-829/I-956G process management
- Advising on the documentation process for expenditures, revenues, and job creation over the life of the EB-5 project
- Advising on legal issues, CIS policies, and EB-5 trends that could affect the compliance filings
- Administering EB-5 compliance training for the regional center and/or project developer staff
- Preparing and updating I-829 templates for regional center investors
- Advising on the creation of an investor database
EB-5 LITIGATION
Sometimes, even with the proper due diligence, investments do not go as planned. While there is an inherent risk with investing in an EB-5 project, KILP has experienced attorneys to manage and protect investors and their projects when things go awry. Klasko Immigration Law Partners is a leading law firm for litigating immigration cases, especially including EB-5 litigation.
Managing Partner, Ron Klasko, was the founding chair of AILA’s High Impact Litigation Committee and served for three terms. Daniel Lundy has been involved in significant EB-5 litigation on behalf of regional centers and projects that are facing unreasonable USCIS actions or delays, regional center terminations, and appeal of erroneous USCIS decisions. Most recently, Ronald Klasko and Daniel Lundy were co-counsel in the successful litigation challenging USCIS’ decertification of all existing regional centers. The litigation resulted in a nationwide preliminary injunction against USCIS, which enabled the regional center EB-5 projects to resume.
WHY CHOOSE KLASKO?
Navigating the complex and ever-changing immigration laws can be overwhelming, especially when it comes to the EB-5 program. It is essential to work with an experienced law firm that understands the intricacies of the program and has a track record of success in helping clients achieve their immigration goals.
At our law firm, we have a team of experienced attorneys who specialize in the EB-5 program. KILP’s EB-5 attorney team has decades of experience and has assisted hundreds of regional centers and developers in successfully navigating the program and obtaining approvals for their projects. Our attorneys understand the intricacies of the program and can provide expert guidance to regional centers, developers and investors.
OTHER IMMIGRATION SERVICES
KILP attorneys also provide other related employment-based immigration business services including global immigration, worksite compliance, and litigation. The firm has specialized teams for these services.
- EB-5 Immigration – immigration legal services to investors filing EB-5 petitions.
- Immigration Litigation – a powerful tool to hold federal agencies accountable for unreasonable delays and improper adjudication tactics.
- Other Investor Options – EB-5 may not be the best option for all investors. Our investment immigration attorneys can evaluate alternatives, including E-2 visa, L-1 visa, or EB-1 visa options.
