Top EB-5 securities attorneys comment on the new EB-5: smaller projects, bigger returns, new markets

  • Posted on April 23, 2020 | Updated on April 24, 2020 | 5 min read
New EB-5: smaller projects, bigger returns

EB5 Investors magazine has released its annual list of top securities attorneys and they all weigh in on trends they now see in the program. Besides the obvious refrain of fewer new investors, many of the attorneys are seeing higher returns and smaller projects being active. And despite some uncertainty, there is optimism: “I see a more measured, energetic and united EB-5 industry,” proclaims attorney Mariza E. McKee.

  • decrease in number of projects
  • higher returns
  • new markets such as Latin America
  • more transparency in marketing and offering elements
  • fewer projects can qualify as TEA’s
  • smaller projects
  • increase in RFE’s
  • expectation of an increase in TEA litigation

Notable quotes on new trends:

Michael Homeier: “Projects are moving from large, expensive firms to more middle-class-priced boutique and solo firms with deep experience drafting top-quality securities documents.”

Jor Law: “With the higher investment threshold and long wait, investors are taking diligence more seriously.”

Mariza E. McKee: “I see a more measured, energetic and united EB-5 industry.”

John Tishler: “As long as the product is good, markets will adapt.”

Thoughts on redeployment

There is also some consensus among this group of securities attorneys regarding redeployment: it is a complicated issue that requires analysis from many perspectives include immigration, corporate law, and securities-compliance. Common themes the group bring up include ensuring issuers have proper disclosures and flexibility. Approaches must be custom tailored for each issuer.   

Notable quotes on redeployment

Catherine D. Holmes: “The safest form of redeployment from the standpoint of USCIS policy and the expectations of EB-5 investors may be a redeployment in a project that is substantially similar to the original EB-5 investment with the same developer as the original EB-5 investment. 

Clem G. Turner: “Advising on investor communications is also essential. EB- 5 managers who lack their investorsʼ trust are more likely to face a lawsuit as a result of their redeployment efforts.”

The top-15 list

Here is the list (in alphabetical order) of the top 15 securities attorneys according to the latest EB5 Investors magazine list:

ROGELIO CARRASQUILLO, CARRASQUILLO LAW GROUP P.C. 

RONALD FIELDSTONE, SAUL EWING ARNSTEIN & LEHR LLP 

DOUG HAUER, MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. 

CATHERINE D. HOLMES, JMBM 

MICHAEL G. HOMEIER, LAW OFFICE OF MICHAEL G. HOMEIER, PC 

ANDREW KINGSTON, KINGSTON PETERSEN, PLLC 

JOR LAW, LEXCUITY PC 

MARIZA E. MCKEE, KUTAK ROCK LLP 

JENNIFER MERCIER MOSELEY, BURR & FORMAN LLP 

JAY M. ROSEN, SAUL EWING ARNSTEIN & LEHR LLP 

BRUCE C. ROSETTO, GREENBERG TRAURIG, P.A. 

DAVID A. SUDECK, JEFFER MANGELS BUTLER & MITCHELL LLP 

JOHN TISHLER, SHEPPARD MULLIN 

OSVALDO F. TORRES, TORRES LAW, P.A. 

CLEM G. TURNER, CHIESA, SHAHINIAN & GIANTOMASI PC 

See the EB5 Investors magazine article Top 25 Attorneys 2019: Top 15 Corporate Attorneys