The EB-5 Visa Program allows certain foreign nationals to
obtain a United States Green Card in the U.S. if they meet certain criteria,
including investment in a U.S. business and creating jobs for
U.S. workers. This avenue can be a great option for
foreign nationals who have the money to invest, but there are many
complexities of the process including transferring money across international
borders, tax planning issues, securities compliance, and meeting the immigration requirements. In particular,
from a tax perspective, successful EB-5 Visa applicants become U.S. tax residents who are taxed on their worldwide income
and they should plan appropriately from the inception of the EB-5 process
to avoid unexpected tax pitfalls.
This materials set includes extensive experience
advising clients to successfully navigate the array of legal issues that arise in
relation to the EB-5 program. They will also provide attorneys with a thorough understanding
of these legal issues as well as a foundation of strategies to put into
I. Immigration Issues in EB-5 Visas
How to Start a New Business
• How to Apply to a Regional Center
II. Tax Issues for EB-5 Visa Applicants and their Families
• Pre-Immigration Tax Planning
• Implications of Being a
U.S. Permanent Resident
III. Business, Transactional, and Securities Issues that Should be Considered
When Investing in the EB-5 Program
Steve A. Clark, Esq,
Jay Peak (Regional Investment Center)
Kenneth J. Vacovec, Esq.
Vacovec, Mayotte & Singer, LLP
Susan Cooke Anderson, Esq.
Senior Counsel, Securities & Exchange
Prasant D. Desai, Esq.
& Desai, P.C.
Julie A. Galvin, Esq.
Schwartz Hannum PC
Nelson Suit, Esq.
Burt, Staples & Maner,