Shihab Burke LLC Immigration Lawyers advises developers who want to raise money from EB-5 investors. Our EB-5 lawyers for developers review the immigration requirements of EB-5 projects and the documents that support investor petitions. We serve developers from our offices in Columbus and Dublin, Ohio.
For an overview of the EB-5 program, see our page for EB-5 investor visa lawyers.
How Can Developers Use EB-5 Financing?
Developers can raise EB-5 money in two ways. A developer can work with a regional center, or receive direct investments from individual EB-5 investors. A regional center is a public or private organization approved by USCIS (U.S. Citizenship and Immigration Services) to sponsor EB-5 projects.
| Regional Center Project | Direct Investment | |
|---|---|---|
| Who files with USCIS | The regional center files a project application; each investor files Form I-526E | Each investor files Form I-526 |
| EB-5 investors in one investment | Many investors may pool their money | Multiple EB-5 investors may not pool their money |
| Jobs that count | Direct and indirect jobs | Direct jobs only |
| Infrastructure category | Available | Not available |
For more detail, see our page on EB-5 regional center vs. direct investment.
+1 (866) 665-0001Schedule Consultation
What Immigration Requirements Affect an EB-5 Project?
An EB-5 project must allow each investor to meet the EB-5 rules. The key requirements are:
- Each investor’s money must be at risk, which means there is no guaranteed repayment.
- Each investor must have a role in management or policy decisions.
- The project must create at least 10 full-time jobs for each investor.
- If investors use the $800,000 amount, the project must document its targeted employment area status, or its qualification as an infrastructure project through a regional center. A targeted employment area is a rural area or an area with high unemployment.
- EB-5 money must be used as the business plan describes.
Which Project Documents Matter for EB-5 Investors?
EB-5 investors rely on the developer’s documents to prove their cases. The most important documents are:
- Business plan: explains the project, the timeline, and the hiring.
- Economic study: shows how the jobs will be created.
- Offering and investment documents: set the investor’s rights, role, and repayment terms.
- Targeted employment area documents: show that the project qualifies for the $800,000 amount.
- Spending, construction, and hiring records: show what happened after the money was invested.
These documents must agree with each other. A repayment term that guarantees investors their money back can make the investors ineligible.
+1 (866) 665-0001Schedule Consultation
What Records Should EB-5 Developers Keep?
EB-5 developers should keep records that investors will need years later. When investors file Form I-829 to remove the conditions on their green cards, they must show that their money was invested and that the jobs were created. Developers should keep:
- Bank records showing how EB-5 money was received and spent
- Construction and spending records
- Payroll and hiring records
- Updated economic reports
Project changes, such as new financing or a new timeline, should be reviewed before they happen. Changes can affect investors’ petitions.
How Our EB-5 Lawyers for Developers Help
Our EB-5 lawyers for developers help developers understand and meet the immigration requirements of their projects. We focus on providing careful representation, honest assessments of your options, and clear, upfront fees. For developers, we:
- Review the immigration requirements of a proposed EB-5 project
- Review business plans and economic studies for consistency with EB-5 rules
- Review the immigration terms of offering and investment documents
- Review targeted employment area documents
- Advise on the records investors will need for Form I-829
- Review proposed project changes for their effect on investors
We work with the developer’s securities lawyers, economists, and accountants. Securities lawyers handle the securities offering; our work covers the immigration requirements.
EB-5 Lawyers for Developers: Frequently Asked Questions
Can a developer receive EB-5 money without a regional center?
Yes. A developer can receive direct EB-5 investments. However, multiple EB-5 investors cannot pool their money in a direct investment, and only the business’s own employees count toward the jobs.
Can EB-5 investors file before a regional center project application is approved?
Yes, after the regional center files the project application. The project application must be approved before the EB-5 investors’ petitions can be approved.
Does USCIS approval of an EB-5 project guarantee investor approvals?
No. Each EB-5 investor must also prove his or her own eligibility, including the lawful source of the money.
Who prepares the securities documents for an EB-5 offering?
The developer’s securities lawyers prepare the securities documents for an EB-5 offering. Our EB-5 lawyers review the immigration terms in those documents.
What should a developer do before changing an EB-5 project?
Review the change before it happens. Changes in financing, timing, or the business plan can affect EB-5 investors’ petitions and their later Form I-829 filings.
+1 (866) 665-0001Schedule Consultation
Talk with an EB-5 Lawyer
A carefully structured EB-5 project can help reduce immigration risk for both the developer and its investors. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
