Douglas Hauer

Douglas Hauer

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EB-5 Will Likely Be Extended as Part of Continuing Resolution Through December 9, 2016

On September 23, 2016, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November...more

9/23/2016 - Appropriations Bill Continuing Resolution EB-5 EB-5 Regional Centers

EB-5 Reauthorization Heading into Lame Duck Session of Congress

The extension of the reauthorization for the EB-5 Investor Visa Program may lapse on September 30, 2016. Whether lawmakers will invest time in EB-5 this coming month is an open question, but it is more probable than not that...more

9/2/2016 - EB-5 Foreign Investment Lame Duck Session Legislative Agendas Visas

EB-5 Securities Law Roundtable Offers Technical Language Resource to Lawmakers

Check out what’s new in the EB-5 world, where a team of securities lawyers are at work offering to help lawmakers understand complex legal provisions of proposed EB-5 integrity legislation. The group is called the EB-5...more

8/30/2016 - EB-5 EB-5 Regional Centers Foreign Investment Roundtable Securities

EB-5 Securities Law Roundtable Launches Web Presence

Several securities lawyers from several firms across the United States with a focus on EB-5 have organized a roundtable to discuss securities law issues....more

8/30/2016 - EB-5 Roundtable Securities

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

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

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

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

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

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

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

New EB-5 Program Office to be Established in Washington, DC

During today’s EB-5 Stakeholder’s Meeting, USCIS announced the creation of a new EB-5 Program Office in Washington, DC. The Chief of the new EB-5 Program Office will report to the Deputy Director of USCIS. This is a...more

12/3/2012 - EB-5 USCIS

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