Phuong’s EB-5 practice focuses on advising businesses, developers, and Regional Centers with structuring, deploying, and managing EB-5 financing.
He draws upon an extensive background representing parties on all sides of EB-5 transactions, including individual investors, business owners, developers, and as in-house counsel for a large Southern California EB-5 Regional Center. He has successfully advised a wide range of businesses with their EB-5 financing needs, including commercial real estate developments, multifamily apartment buildings, boutique and full service hotels, medical office buildings, nightclubs, and restaurant franchises.
He works closely with businesses throughout the EB-5 financing process, including structuring debt/equity EB-5 offerings as part of a diversified capital stack, and coordinating complex review and structuring with securities attorneys, economists, business plan writers, and escrow banks.
This includes reviewing a wide range of business and transactional documents to ensure EB-5 compliance, including project and offering documents such as private placement memoranda, operating agreements, subscription agreements.
He also consults businesses on forming and managing their own Regional Centers, including filing annual I-924A compliance reports and creating I-526 and I-829 templates to ensure Regional Centers and investors have consistent work product, including peer review of other attorneys’ EB-5 filings.
Past representative EB-5 financing matters include:
I-526 exemplar approval for $50 million EB-5 offering for a 300+ unit apartment complex in Southern California
$180 million in debt/equity EB-5 financing for 400,000 square foot mixed-use commercial real estate development in Orange County
Direct EB-5 financing raises for fast-casual franchise restaurants