Saul Ewing Arnstein & Lehr’s EB-5 Practice consists of an inter-disciplinary team of professionals with experience in corporate and securities, immigration, commercial real estate, finance, international and tax matters. Our EB-5 lawyers advise businesses (including real estate developers and other project companies, regional centers and foreign and domestic EB-5 agents and consultants) who are seeking EB-5 financing from foreign investors, as well as representing foreign investors who are interested in obtaining permanent residence in the United States through making an EB-5 investment.
Representation of More Than 300 Projects in Excess of $8 billion
Our EB-5 attorneys have represented clients in structuring and negotiating private securities offerings for more than 300 projects, in which offerings have amounted in excess of $8 billion.
Comprehensive EB-5 Project Guidance
Our team has extensive experience in providing comprehensive guidance from the initial planning phase of an EB-5 project to final funding, in order to comply with Securities and Exchange Commission (SEC) regulations and United States Citizenship and Immigration Services (USCIS) guidelines. This includes counseling our clients on the complex rules governing the promotion of EB-5 projects to potential foreign investors.
Representation of Foreign Investors
Our practice also includes representing foreign investors with the detailed EB-5 process and providing pre-immigration tax planning for such investors and their families. We have particular experience analyzing and focusing an investor’s “source of funds” and work closely with the investor’s foreign advisors to assist with this analysis.
Fluent in a Multitude of Languages
Our attorneys are fluent in multiple languages including: Mandarin, Spanish, Portuguese, Hebrew, German, French and Italian.
Our EB-5 attorneys also contribute to our EB-5 Immigrant Investor blog for immigrant investors creating new U.S. commercial enterprises that serves as a resource on EB-5 news of note and includes additional information on Saul Ewing Arnstein & Lehr’s many activities associated with the EB-5 program.
Our EB-5 Legal Services
Our services include:
- Serving as lead counsel working closely with clients, as well as other EB-5 professionals (Economists, EB-5 business plan drafters and outside immigration counsel);
- Preparation of EB-5 Offering Documents, including Private Placement Memorandum, Subscription Agreement and Operating Agreement;
- Initial formation and SEC compliance planning for EB-5 projects;
- Analysis of EB-5 “loan model” and “direct” model financing options;
- Confirmation of “Targeted Employment Area” designation for EB-5 projects;
- Coordination of preparation of “Matter of Ho” compliant business plans and job creation analysis;
- Negotiating and drafting regional center “Affiliate” agreements;
- Negotiating and drafting agreements with agents and consultants;
- Preparation of loan documentation for EB-5 financings;
- Comprehensive services with respect to projects involving commercial real estate and real estate development, including zoning and tax credit counseling;
- Coordination with franchisors for projects involving the development of franchise units utilizing EB-5 financing;
- Representation of foreign investors with their I-526 and I-829 Petitions, including detailed analysis of “source of funds”; and
- Pre-immigration tax planning for foreign investors, including trust and estate planning.
The group includes attorneys who have been named to the following lists: