Avoiding Pitfalls and Dangers in EB-5
The EB-5 visa affords U.S. projects and foreign investors to come together to create U.S. jobs, fund projects, and obtain U.S. conditional residency at the same time. Ideally, this is a win-win-win scenario. But what are some of the pitfalls that can jeopardize this scenario? In our new series, Avoiding Pitfalls and Dangers in EB-5, we will cover some of the common hazards to avoid so projects and investors can optimize their chances of docking safely to port.
In this Investment Immigration Conversations with Carolyn Lee, we covered some pitfalls from EB-5 project structuring standpoint. See below the time stamps:
01:18 EB-5 Project Structuring Pitfalls
01:54 TEA Basics: Why Getting It Right Matters
02:32 TEAs Pitfalls: Rural Area - Definition and Proof Requirements
04:59 TEAs Pitfalls: High Unemployment Area (HUA) - Geography and Adjacency Explained
06:59 TEA Validity Periods and Renewal of TEA Designations
08:34 EB-5 Project Structuring Pitfalls: Side Letters - Hidden Dangers for Project Compliance
11:25 EB-5 Project Structuring Pitfalls: Conditions Precedent to Proceeding, Including other Financing Sources, Permits, Land Acquisition
13:05 PPM Immigration Risks: Common Mistakes and Statutory Requirements
14:14 EB-5 Project Bridge Financing: Policy, Pitfalls, and the Nexus Requirement
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About Carolyn Lee PLLC:
Carolyn Lee PLLC is a boutique US law firm specializing in investment immigration, founded by Principal Carolyn Lee.
With a commitment to excellence and a 15+ years legacy, Carolyn Lee has assisted regional centers, developers, funds, and investors in mobilizing over $2.5 billion in EB-5 capital.
Carolyn has served four terms as Chair of the American Immigration Lawyers Association (AILA) National EB-5 Committee, and served as Chair, Vice-Chair, or Co-Chair for six years. In these capacities, Carolyn has authored key EB-5 legislative commentary. Her current advocacy focuses on long-term EB-5 program reauthorization and expansion.
Carolyn Lee is Legislative Counsel to Invest in the USA (IIUSA), the premier EB-5 trade association that represents the interests of stakeholders participating in the Regional Center Program. As IIUSA's Legislative Counsel, Carolyn advised on and drafted key portions of the 2022 EB-5 Reform and Integrity Act (RIA), particularly provisions relating to investor protection.
Thoroughly versed in the nuances of the RIA, Carolyn advises on RIA compliance for regional centers and new project requirements, as well as on new investor lawful source of funds.
Building on her knowledge of EB-5 project structuring, Carolyn has developed the "E-2 Hybrid" structure, blending traits of the E-2 and EB-5 visas.
Carolyn Lee has been listed among The Best Lawyers in America, Who’s Who Thought Leaders – Corporate Immigration, and Top 25 Immigration Lawyers. Her awards include Outstanding 50 Asian-Americans in Business Award, AILA’s Joseph Minsky Young Lawyer Award, and AILA Presidential Commendation.
A Cornell Law School graduate, Carolyn Lee is a member of the New York State Bar and admitted to the U.S. District Court for the District of Columbia.
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Disclaimer: This video is only intended to be informative. It is not intended as, and does not constitute, legal advice and does not create an attorney-client relationship with Carolyn Lee PLLC. An attorney-client relationship is formed only by an engagement signed by a client and Carolyn Lee PLLC. No part of this video may be recorded or presented without our express written consent.