Questions and Answers > EB-5 Capital Fundraising

What are the SEC regulations on advertising an EB-5 project?

I have a project that I believe qualifies for EB-5 investment. How do I go about advertising my project?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on January 20, 2014

  An SEC attorney is equipped best to answer this question.

• Ed Beshara

  Immigration Attorney

  Answered on July 29, 2013

  Always seek the advise of an experienced EB-5 Attorney and a SEC Attorney. There are rules as to advertising in the U.S. and overseas.

• BoBi Ahn

  Immigration Attorney

  Answered on July 23, 2013

  For Securities matters we always advise that the individuals seek advice from a Securities attorney to be certain of what you can and cannot do.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 23, 2013

  You should check with a securities lawyer to answer this question.

• Shahzad Q Qadri

  RC Creator

  Answered on July 22, 2013

  The regulations applicable are contingent upon the type of offering. While general solicitations have been prohibited, that prohibition will be lifted come September under the new rules promulgated by the SEC.

• Lynne Feldman

  Immigration Attorney

  Answered on July 19, 2013

  There are some proposed changes in this area, Google "SEC regulations for EB-5". You should contact Securities Counsel to advise you on anything of this nature.

• Philip H Teplen

  Immigration Attorney

  Answered on July 19, 2013

  That is a hugely broad question. We can gladly assist you if you desire.

• Angeline Chen

  Immigration Attorney

  Answered on July 19, 2013

  You definitely need to consult with a corporate attorney specializing in SEC regulations.

• John Tishler

  Securities Attorney

  Answered on July 19, 2013

  You likely cannot advertise for approximately 60 more days until the new rules on general solicitation become effective. Once these new rules are effective, you will need to comply with the requirement to verify that all investors in the offering are accredited.

• Rohit Kapuria

  Immigration Attorney

  Answered on July 19, 2013

  Have you compiled all the relevant project documents, e.g. business plan, offering documents, etc.? Before you can go about advertising, you need multiple project documents in place. With regard to advertising though, you have probably heard about the passage of the JOBS ACT. My recommendation is that you engage the assistance of a qualified EB-5 securities attorney who can best advise you on the general solicitations provision, both within and outside of the JOBS ACT (and related relevant private offerings). The SEC has shown great interest in the EB-5 program over the last couple of years and you definitely should receive proper guidance prior to going to market.

• Bill Travis Klein

  Immigration Attorney

  Answered on July 19, 2013

  There are State as well as SEC Regulations that can be complex. You should put together an advertising plan or several plans and consult with an Immigration Attorney who can walk you through the advertising options and help you with a plan that will work for you as well as prepare any necessary legal paper work. You have to register with the SEC unless you qualify for an exemption.