EB-5 Immigrant Investment

Harnessing a cross-disciplinary group of attorneys, Seyfarth’s EB-5 Immigrant Investment Team advises regional centers, developers, private equity funds, investors, broker-dealers and lenders on related immigration, compliance, securities, corporate, real estate, and tax issues that are essential to successful EB-5 transactions. 

Our multi-faceted approach ensures that we provide insightful and practical counsel while helping our clients navigate the wide-range of opportunities and challenges presented by the EB-5 program, as well as the ongoing and quickly evolving requirements to maintain successful and compliant projects.
Seyfarth’s EB-5 Team is supported by:
  • A network of trusted service providers, from economists and market analysts to business plan writers and former government officials now serving as consultants to the EB-5 industry
  • The firm’s audit and investigative response team, which is headed by a former senior counsel with the SEC’s Division of Enforcement in Washington, D.C.
  • A comprehensive compliance and risk management offering bolstered by advanced technologies
  • Nationally recognized attorneys working seamlessly across our national platform and with China
  • Experienced securities litigators steeped in EB-5 related matters

Our Capabilities
  • Obtaining U.S. Citizenship and Immigration Services (USCIS) Regional Center designation for project pre-approvals and amendments (Form I-924) and Annual Reporting (Form I-924A)
  • Advising developers and other sponsors on the appropriate EB-5 vehicle and capital structure based on their business and fundraising objectives
  • Advising Regional Centers, broker-dealers and others on SEC, FINRA, and immigration compliance to minimize regulatory roadblocks and provide investor protections
  • Representing investors in connection with the direct EB-5 job-creation program and with investments in qualifying Regional Center projects
  • Centralizing and reviewing I-526 petitions for source of funds on behalf of Regional Centers and/or Issuers for compliance
  • Advising EB-5 stakeholders in understanding, achieving and maintaining compliance with both (i) federal immigration laws and (ii) federal and state securities laws (including exemptions from registration requirements and preparing proper investor disclosures in private placement memoranda)
  • Representing clients in proceedings and litigation, including civil and criminal investigations and enforcement actions, as necessary

Our EB-5 Difference
  • Members of our team have been involved in the EB-5 program for more than two decades
  • Active offices in Shanghai, London and Australia to give on-the-ground advice and representation
  • Leading complementary practices, including real estate, finance, corporate, construction, hospitality, retail, health care, P3, and energy, to serve the needs of EB-5 projects and their developers
  • Ranked among the top immigration practices in the United States by Chambers and The Legal 500
  • Sought after authors, editors and lecturers