EB-5 Regional Center Finance

• $3B+In lending, fund and EB-5 transactions handled by the firm
• $1B+Of EB-5 capital raised, structured and deployed through the firm's work
• HundredsOf regional center transactions, involving thousands of EB-5 investors

EB-5 capital has been deployed into first-lien construction and bridge loans and other lending products, including SBA, USDA, rural, infrastructure and high-unemployment-area (HUA) projects.

1. Structure and offerNew commercial enterprise formation; private placement memoranda, limited partnership agreements and subscription documents for Regulation D and Regulation S offerings; offering summaries, investor tax disclosure (FIRPTA, FATCA, FBAR and residency change) and I-526E denial refund provisions.
2. DiligenceResponses to broker-dealer and investor due diligence, data-room organization, and coordination of marketing-material review under FINRA Rule 2210.
3. USCIS filingsOffering and loan documents supporting Form I-956F project applications, and responses to requests for evidence and notices of intent to deny, coordinating business plans, economic analyses and bona fides requirements.
4. DeployEB-5 senior construction loans, term sheets, funding and assignment agreements, participation agreements between lender and NCE, and construction funding agreements with segregated-account, disbursement-account and third-party fund-control protections.
5. ComplyReform and Integrity Act of 2022 requirements, including separate NCE accounts and the annual-audit alternative to fund administration; general partner succession and governance documentation; capital-path records that will support investors' I-829 petitions.
6. Sustain and redeploySustainment-period planning, material-change analysis, and redeployment of repaid capital through the NCE.
7. Enforce and exitDefaults, guaranty enforcement, protective advances, and participation disputes pursued through trial and appeal, with the goal of returning investor capital.

• Revised the offering documents for a $60 million Regulation D EB-5 raise financing an 80-room boutique hotel in a rural targeted employment area, adding a full offering summary, tax disclosure and guaranty disclosure in response to broker-dealer diligence
• Prepared offering documents for a $64 million EB-5 raise financing a luxury ski-in, ski-out townhome development
• Drafted construction funding agreements for a resort and residences project, including segregated-account protections for investor capital
• Organized the response to a USCIS notice of intent to deny on an agribusiness I-956F project filing
• Prepared ASC 810 variable-interest analyses and auditor responses for EB-5 holding entities, and CECL and participation-agreement analyses for consolidated NCE portfolios

Matters are described without client names. Prior results do not guarantee a similar outcome.

Congress created the EB-5 Immigrant Investor Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The EB-5 Reform and Integrity Act of 2022 reauthorized the Regional Center Program through September 30, 2027 and added integrity, reporting and fund-administration requirements that now shape how every offering is documented and every dollar is tracked.

The firm advises on the finance, securities, lending and compliance side of EB-5 projects. Investors' individual immigration petitions are handled by their own immigration counsel. For program information, see the USCIS EB-5 page.