This CLE program offers attorneys a practical examination of the EB-5 Immigrant Investor Program and its application in development finance. It surveys the program’s statutory and regulatory framework, including the EB-5 Reform and Integrity Act of 2022, and the immigration process that shapes investor expectations. The course then addresses how EB-5 capital is structured and deployed within a project’s capital stack, the job creation requirements that govern its use, and the relationships among the principal stakeholders to an EB-5 transaction.

The program further considers the securities law framework applicable to EB-5 offerings and the cross-border considerations that arise when foreign capital is brought into a U.S. investment, including source-of-funds and fund-transfer issues. Attendees will leave with a working framework for identifying and analyzing the principal legal issues presented in EB-5 transactions.