What are the residency requirements for EB-5 project developers? - EB5Investors.com

What are the residency requirements for EB-5 project developers?

I am looking to raise capital for a new venture through the EB-5 program. Is there a compliance component which requires SEC approval? Are there any specific residency requirements for EB-5 project developers?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

There are no residency requirements for developers.

Lei Jiang

Lei Jiang

Immigration Attorneys
Answered on

There is no residency requirements for EB-5 project developers. Most EB-5 investors can qualify for an exemption that would enable the investment to be made without SEC securities registration. Also, if the EB-5 offering takes place overseas (outside of U.S.), SEC regulation of broker-dealer relationships need not be enforced. Still, it is important that all parties involved in the EB-5 process are aware of all pertinent SEC regulations.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

Especially in regard to an EB-5 regional center project attracting a number of foreign national investors, then the securities attorney needs to prepare the offering documents. The owners of the EB-5 project may be U.S. citizens, permanent residents or foreign nationals.

John J Downey

John J Downey

Immigration Attorneys
Answered on

No residency requirement that I know of. SEC questions should be posed to someone with expertise.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

There are various SEC requirements for the new commercial enterprise (as there is often an offering of membership or partnership interests as part of the investment), that need to be coordinated with experienced securities and corporate attorneys.

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