The complexity of the U.S. immigration system stems from a basic conflict between businesses seeking “the best person for the job” and U.S. immigration laws aiming to protect U.S. workers while preventing lower cost foreign labor from depressing the U.S. labor market.
However, the government also recognizes the significant contributions foreign businesses, entrepreneurs and workers have made to the U.S. economy, and the importance of a relatively free flow of goods and services around the world. In order to reconcile these two conflicting realities, the government developed specific policies and procedures to allow foreign workers, entrepreneurs and business people to invest, work and immigrate to the U.S.
Phillips Lytle understands the need for immigration solutions for corporations, entrepreneurs, professionals, investors, business owners, non-profit organizations and individuals. Our depth of experience and knowledge with this broad base of clients allows us to address the intricacies and variations of each immigration case, and to develop and execute strategies to meet business and personal goals.
Our immigration attorneys are recognized for their expertise in the EB-5 Immigrant Investor visa area. They have years of experience assisting U.S.-based companies in obtaining Regional Center certification from the United States Citizenship and Immigration Services (USCIS) to allow them to accept investments from foreign nationals seeking U.S. residency under the investor visa program, while ensuring full compliance with U.S. securities laws and reporting requirements. They regularly represent individual foreign nationals seeking U.S. permanent residency under the program. Phillips Lytle’s Immigration attorneys have significant international contacts throughout the Middle East and China, among other places, from which to identify investment opportunities. In addition, our banking and financial services attorneys represent EB-5 qualified entities in structuring, negotiating and closing EB-5 financings secured by equipment and other assets.
Specific examples of our EB-5 experience include:
- Successfully prepared and submitted an I-924 application to USCIS for an EB-5 designated regional center in the Philadelphia area. This included approval of a $65 million multi-use commercial and hotel development as an "exemplar" project, allowing individual EB-5 immigrant investors to submit their petitions based on a project that had been pre-approved by the immigration service.
- Represented a regional center in the NYC area that has raised funds for several EB-5 projects, preparing corporate offering documents for the EB-5 projects and handling annual filings and communications to remain compliant with USCIS.
- Assisted numerous foreign nationals from countries ranging from China to Venezuela to obtain U.S. permanent residency based on EB-5 qualifying investments in regional center-sponsored projects throughout the United States.
- Represented several foreign nationals in obtaining U.S. permanent residency based on their direct investment in businesses that they own and operate, including a hotel in Florida and a restaurant in Delaware.
- Represented a sponsor in connection with raising qualified EB-5 capital, forming the necessary organizational documents, affiliating with a qualified Regional Center and providing a construction loan facility to a New York City developer in connection with a mixed-use project. The project includes a hotel, a retail outlet and parking adjacent to a major transportation hub and a professional sports field, with a total budget in excess of $250 million.