The federal government designed the EB-5 immigrant-investor program to stimulate the U.S. economy by enabling foreign-sourced capital investments, which in turn lead to job creation in the United States. Developers obtain access to low-interest capital, and foreign investors receive, in addition to the potential for some monetary return on their investment, the nonmonetary return of lawful permanent residency in the United States.
However, given the potentially distorting mix of immigration regulations and competing interests, the needs of the developer and the foreign investor don’t always align. Attorneys representing immigrant investors, developers and dealmakers considering the use of an EB-5 regional program as a way to raise capital should be aware of the many risks posed, including recent regional center terminations.
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