Douglas Hauer

Douglas Hauer

Mintz Levin

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NASAA Publishes Fraud Alert for EB-5 Investors

Recently, the North American Securities Administrators Association (NASAA), which is the oldest international organization devoted to investor protection, published an investor advisory for potential investors in EB-5...more

8/26/2016 - Blue Sky Laws EB-5 Foreign Investment Fraud Alerts NASAA

Three Immigration Lawyers Sanctioned by the SEC for Brokering EB-5 Investments

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has...more

8/24/2016 - Civil Monetary Penalty EB-5 Enforcement Actions Finders Fees Immigration Attorneys Investment Funds Professional Liability Sanctions SEC Securities Exchange Act Securities Violations Transaction-Based Compensation

I-829 Delays Reach All-Time Record: Thousands of EB-5 Investors in Limbo at USCIS

On August 11, 2016, USCIS published new processing times for I-829 petitions. The news is not good for EB-5 investors. USCIS is now taking in excess of 21 months to adjudicate I-829 petitions. This means that EB-5 investors...more

8/18/2016 - Delays EB-5 Foreign Investment Green Cards I-829 Petitions Investors USCIS

I-526 Processing Delays Expected to Continue into 2017

According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more

8/3/2016 - EB-5 I-526 Petition Investors USCIS Visas

Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second...more

2/11/2016 - Anti-Competitive Biosimilars D&O Insurance DOJ FDA Individual Accountability Israel Law Practice Management Mobile Apps Off-Label Promotion Precision Medicine Initiative (PMI) U.S. Embassies Visa Applications Visas White Collar Crimes Yates Memorandum

SEC Nabs Immigration Lawyers Acting as Unregistered Brokers, Orders Fines and Disgorgement

In 2012, we wrote about the risky business of immigration lawyers accepting finder’s fees for selling limited partnership interests in EB-5 deals. For the past several years, securities law violations have been part and...more

12/8/2015 - Attorney Disbarrment Disgorgement EB-5 EB-5 Regional Centers Finder's Fees Limited Partnerships Sanctions SEC Unregistered Brokers

Post Paris and San Bernardino Attacks: Visa Policies Under More Scrutiny

The recent attacks in Paris and San Bernardino are going to result in increased security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for potential...more

12/8/2015 - Barack Obama ESTA International Travel Popular Terrorist Acts Visa Applications Visa Waiver Program

EB-5 Investors: Expect More Hassles Entering the United States

The recent attacks in Paris and San Bernardino are going to result in an increase in security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for...more

12/6/2015 - Customs and Border Protection EB-5 Foreign Investment Terrorist Acts Visa Waiver Program

Why E-2s Are An Excellent Option

On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer...more

12/4/2015 - Consulate E-2 L-1 Visas US Department of State USCIS

Limiting Securities Litigation Risks in EB-5 Offerings: What Regional Centers and Issuers Need to Know

The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors...more

12/1/2015 - Corporate Counsel EB-5 Immigrant Investor Program Material Misstatements SEC Securities Fraud Securities Litigation

E-2 Visas May be Available to Israelis by end of 2015

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more

11/17/2015 - Bilateral Agreements E-2 Investor Visa Options Israel Non-Immigrant Visas Visas

U.S. Embassy in Tel Aviv Launches Online Videos about the Visa Process

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app...more

11/16/2015 - Israel Non-Immigrant Visas Social Media U.S. Embassies Visa Applications Visas

Don’t End Up on a USCIS List of Terminated EB-5 Regional Centers: Be Creative and on Time with your I-924A Filing

USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS...more

11/6/2015 - Credibility EB-5 Job Creation Regional Centers USCIS

EB-5 Due Diligence Matters

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

11/6/2015 - Broker-Dealer Disclosure Requirements Due Diligence EB-5 FINRA Foreign Investment Foreign Nationals Green Cards Inducement Investigations Investor Visa Options Lawful Permanent Residents Private Placements Reasonable Care Regional Centers Regulation D Regulation S Risk Mitigation Rule 506 SEC Securities Act of 1933 Underwriting USCIS

EB-5 Regional Center Program to Get Short-Term Reprieve with Passage of Continuing Resolution

Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire on September 30, 2015 but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that...more

10/1/2015 - Continuing Resolution EB-5 GAO Immigrant Investor Program Proposed Legislation Regional Centers

2017 Diversity Visa Lottery Registration Begins Today

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a...more

10/1/2015 - Adjustment of Status Consulate Diversity Lottery Eligibility Green Cards Lawful Permanent Residents U.S. Embassies US Department of State USCIS Visas

House Judiciary Committee: Don’t Bank on Immigration Reform

On July 14, 2015, the House Judiciary Committee met to discuss oversight of the United States Department of Homeland Security (DHS). Immigration was a major topic alongside border security and global threats of terrorism,...more

7/20/2015 - Border Security Cybersecurity DHS EB-5 H-1B Immigrant Investment Visas Immigration Reform Legislative Committees Terrorist Threats

EB-5 Program Reauthorization: Proposed Legislative Reforms

Created by the Immigration Act of 1990, the Immigrant Investor Program, more commonly referred to as the EB-5 program, offers foreign investors an opportunity to secure permanent residency in the United States by making a...more

7/8/2015 - EB-5 FCPA Foreign Investment Green Cards Immigrant Investor Program Immigration and Nationality Act Investors Job Creation Lawful Permanent Residents Legislative Agendas Permanent Residence Cards Proposed Legislation Reauthorization Regional Centers Targeted Employment Area USCIS Visas

It’s Time to Register for the 2015 Diversity Lottery!

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

9/24/2013 - Diversity Lottery Green Cards Immigrants US Department of State Visas

It’s Time to Register for the 2015 Diversity Immigrant Visa Lottery!

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

9/23/2013 - Eligibility Green Cards Lawful Permanent Residents Lottery US Department of State Visas

FINRA provides guidance on immigration due diligence to broker-dealers in EB-5 offerings

There is some interesting but overlooked news on the EB-5 front. In a letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) confirmed that the suitability rule (Rule 2111)...more

9/17/2013

FINRA Provides Guidance on the Applicability of the Suitability Rule to Broker-Dealers Marketing Private Placements in the EB-5...

In an interpretive letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) interpreted the suitability requirements under Rule 2111 for recommendations to foreign nationals making...more

9/17/2013 - Broker-Dealer EB-5 FINRA Foreign Investment Suitability Rule Visas

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

7/25/2013 - Business Formation Choice of Entity EB-5 Funding Immigration and Nationality Act Job Creation Small Business Small Business Formation Startups USCIS Venture Capital

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

7/5/2013 - Citizenship DHS DOMA Green Cards Lawful Permanent Residents Same-Sex Marriage SCOTUS US Department of State US v Windsor USCIS Visas

DOMA Ruled Unconstitutional on Equal Protection Grounds

The U.S. Supreme Court has ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”) is unconstitutional. The decision of the Court applies to same-sex couples who are legally married as defined by their...more

6/27/2013 - Citizenship Discrimination DOMA Due Process Equal Protection Foreign Nationals Same-Sex Marriage SCOTUS US v Windsor

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