EB-5 For Developers

Access to Foreign Capital through the Immigrant Investor Visa Program.

EB-5 Sponsorship

  • Design and implement EB-5 strategy for Project developer
  • Assistance with structuring the EB-5 Project and Offering
  • Participation in design and implementation of marketing strategy
  • USCIS job creation and investor reporting

Issuer & Lender

  • Formation of EB-5 Fund entities
  • Source foreign capital
  • Manage investor persons
  • Provide EB-5 Capital financing for job creating purposes
  • EB-5 Equity or Loan model
  • Maximum financing based on Job Creation

Fund Management

  • Management of EB-5 Fund entities
  • Report information on project progress and implementation
  • EB-5 Escrow, Fund and Loan/Equity administration
  • Maintain USCIS, SEC, IRS compliance and reporting requirements

The $500,000 Question

Targeted Employment Area

The first step for a Project’s evaluation is determining the minimum investment amount under the EB-5 Program. A Targeted Employment Area (TEA) may be a Rural Area or a High Unemployment Area as designated by the appropriate state authority. The Project’s site and contiguous census tracts are evaluated for TEA status to determine minimum EB-5 investor capital contribution amount. We utilize the latest published unemployment statistics to determine TEA eligibility.

The required EB-5 investment amount is lowered from $1 million to $500,000 dollars if the EB-5 project is conducted in a targeted employment area. In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment.

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Determine if your Project qualifies for $500,000 or $1,000,000 investment level.

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Steps to EB-5 Funding

1. Obtain Project Information

In order for us to begin structuring an EB-5 program, it is necessary for us to build an in-depth understanding of the Project, its development timeline and its funding needs and timing. To accomplish this, we typically would need to review the following materials:

  • Pro forma cash flow model
  • Proposed sources and uses of funds
  • Development timeline
  • Business plan
  • Market information
  • Relevant risk factors to the project’s timing, funding, and feasibility

2. Term Sheet

Based on the documents in section 1) and additional follow-up with the Project team, we will then enter into negotiations to draft and execute a term sheet.

3. EB-5 Feasibility & Design

We work with the Project team to determine the timing, sizing, and marketability of an EB-5 loan. This involves the engagement and management of the required EB-5 professionals including an EB-5 economist, immigration attorney, securities attorney, EB-5 business plan writer, etc.

A number of documents prepared by several professional groups are required for a successful EB-5 Project submission. For well prepared Project, a typical timeline from data gathering to a Project ready to subscribe investors is 2-3 months. We have established channels and experienced EB-5 service providers who offer significant discounts due to volume of work provided by San Diego EB-5 Regional Center efforts.

  • TEA Support Letter
  • Economic Impact Analysis
  • EB-5 Business Plan
  • EB-5 Marketing Materials
  • Regional Center Agreement
  • Private Placement Memorandum
  • Subscription Agreement
  • Limited Partnership Agreement
  • EB-5 Loan Agreement
  • Escrow Agreement

Project owners are sent the EB-5 Regional Center information request (Request) and a protected online folder is created to manage and gather Project materials and shared with each party involved in real time.

4. EB-5 Market Promotion

After the project is Sponsored by the Regional Center, is fully documented, and the marketing materials are put in place, the Project is marketed abroad. It’s not a simple process, but with some guidance from experienced service providers, a developer can get their project into the market relatively quickly and cost effectively.

5. Fund Administration and Reporting

We will manage all fund administration and reporting requirements to the EB-5 investors, USCIS, IRS, SEC and other government agencies through trusted EB-5 Solutions. We will also assist you in developing a regular reporting system to fulfill all USCIS requirements for EB-5 job creation demonstration.

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