The federal government administers various programs to support entrepreneurial ventures and economic development. While these programs can provide access to low-cost capital, they are governed by intricate and complex legal frameworks. Our team can help you explore these alternative financing options and guide you on maintaining regulatory compliance.
The EB-5 immigrant investor program allows foreign nationals to obtain permanent resident status based on an investment in a qualified business or project in the United States. The minimum investment amount is $1.8 million or $900,000 if the investment is allocated to a targeted employment area (TEA). EB-5 financing can be structured to suit a wide range of industries and businesses, from establishing local retail operations to developing multi-billion dollar real estate projects. We have advised on EB-5 capital raises in the tens of millions of dollars and have structured and closed EB-5 transactions for a diverse range of businesses and projects. Our EB-5 financing services include:
- Structuring EB-5 capital raising
- Reviewing and drafting EB-5 offering documents
- Compiling project documentation for investor petitions
- Advise on securities and immigration law compliance
The E-2 Treaty Investor program allows foreign nationals of treaty countries to obtain nonimmigrant status based on a qualified investment. Unlike EB-5, the E-2 program does not specify minimum investment amounts. The E-2 is often an attractive option for retail businesses and franchise owners to leverage foreign investors’ capital to grow existing operations and develop new business locations. Our team has helped some of the fastest growing brands in the country utilize the E-2 program. Our E-2 financing services include:
- Advise on E-2 franchise opportunities
- Structuring the terms for E-2 investment
- Preparing corporate governance documents for investment entity
- Advise on immigration compliance
The Jobs Act of 2012 established regulatory frameworks for crowdfunding which expanded the means for marketing investment opportunities and opened the door for non-accredited investors to participate in private offerings. These crowdfunding frameworks include Title II, Regulation D, 506(c), Title III, Regulation CF, and Title IV, Regulation A+. As of November 2020, the Securities and Exchange Commission amended its rules to further expand the application of Regulation CF. Our team can advise on the application of these frameworks based on the most recent regulatory requirements and help structure corresponding platforms and funding portals for capital raising.