EB-5 as an Instrument of Sustainable Capitalism

55 Pages Posted: 23 Oct 2014 Last revised: 28 Oct 2014

See all articles by Howard Patrick [Pat] Barry

Howard Patrick [Pat] Barry

Vermont Law School - Vermont Journal of Environmental Law

Date Written: October 21, 2014


This article proposes a targeted application of the EB-5 Immigrant Investor Program to solve a heretofore intractable national problem: “nonpoint source water pollution,” which is the most significant single source of water pollution in the United States (U.S.). With this goal in mind, EB-5 can be cultivated and grown into a program, both ethical and pragmatic, that serves the public good via a mission to reclaim and restore a significant component of our environment.

The article provides the historic context, a legal précis, and an introduction to the process that is the EB-5 Program; explores the constitutional, ethical, and administrative dilemmas that plague the program; examines some notable successes; and proposes a systematic evolution of EB-5 for application in Vermont in the service of anticipatory regenerative environmental design, construction, and maintenance of sustainable development.

Thus matured, EB-5 becomes a financial “kick-start” for animating the laboratory of democracy that is Vermont, to begin a series of watershed specific research and development projects to conceive, design, and develop regenerative solutions to this perpetual problem.

A collateral virtue of this evolved EB-5 Program is that, while distinctly local to each watershed, the underlying concepts and best practices developed are eminently “scalable” — applicable throughout the United States and ultimately the world. Thus, investments made by immigrant investors in the U.S. may well end up serving the very countries from which their personal wealth was derived.

Keywords: EB-5, Immigrant Investor Program, Nonpoint Source Water Pollution, Anticipatory Design, Regenerative Design, Resilience, Sustainable Design, Sustainable Development, Sustainable Capitalism

JEL Classification: E61, F21, H10, K00, K32, M13, M14, O16, P11, P12, P13, Q20, Q24, Q25, Q28, Z10

Suggested Citation

Barry, Howard Patrick (Pat), EB-5 as an Instrument of Sustainable Capitalism (October 21, 2014). Vermont Journal of Environmental Law, Vol. 16, No. 1, 2014, Available at SSRN: https://ssrn.com/abstract=2512901

Howard Patrick (Pat) Barry (Contact Author)

Vermont Law School - Vermont Journal of Environmental Law ( email )

164 Chelsea Street
PO Box 96
South Royalton, VT 05068
United States

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