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Immigrant Investor Program Raises SEC Broker Registration Issues

The Immigrant Investor Program (also known as EB-5) was created in 1990 to stimulate the U.S. economy by allowing foreign investors to qualify for U.S. residency by investing in new commercial enterprises that create jobs for...more

Effectively, China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of FY 2014

On August 23, 2014, at the 2014 AILA EB-5 Investors & Regional Centers Conference in Chicago, Charles Oppenheim (Chief of Immigrant Visa Control & Reporting) announced that due to an uptick in demand the China EB-5 visa...more

EB-5 Visas and China “Retrogression” – What’s it all about?

In the past, when China exceeded its 7% allocation of US Immigrant Investor Visas (EB-5 visas), Chinese applicants were permitted to take advantage of unused EB-5 visas allotted to other countries. But as of the last week of...more

Immigration Corner: Chinese EB-5 Applicants are Beginning to Form a Line, PERM Passwords, Changing Visa Fees

On Saturday, August 23, 2014, the Department of State dramatically announced that EB-5 visas (for immigrant investors) were no longer available for the remainder of the fiscal year for individuals from mainland China. This...more

The SEC Brings Another Case Centered on the EB-5 Immigration Program

The government’s EB-5 program is supposed to be a win win for everyone. For immigrants seeking admission to the United States it is supposed to provide a path to citizenship if the requirements, centered on the investment of...more

How EB-5 Regional Centers and Sponsors Can Evaluate Broker-Dealer, Investment Company and Investment Adviser Registration...

This article is the second in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws....more

China EB-5 Backlogs Expected during FY2015

On August 23, 2014, the State Department announced that the employment based fifth-preference category (EB-5) is unavailable for Chinese nationals for the remainder of FY2014, through September 30, 2014, due to the large...more

How EB-5 Regional Centers and Sponsors Can Evaluate Broker-Dealer, Investment Company and Investment Adviser Registration...

This article is the first in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws....more

DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the fiscal year 2014. This action is...more

Problems With Availability of EB-5 Visas for Chinese Nationals

On August 23, 2014, the U.S. Department of State (DOS) announced that the EB-5 visa category for Chinese nationals will be unavailable in the upcoming September 2014 Visa Bulletin because the maximum number of EB-5 visas for...more

Kazakhstan’s Law on Legalisation of Property

Legalisation allows release from liability and legitimises the turnover of property. The Law on Amnesty of Kazakhstan Citizens, Repatriates (Oralmans), and Individuals Having Kazakhstan Permanent Residence Permit in...more

Miami Developers Utilizing Non Traditional Sources of Venture Capital

With all the current and planned building projects taking place in South Florida, it seems the recent real estate crash has largely been forgotten. However, the collapse still haunts traditional lending institutions, many of...more

Ill-equipped or Ill-researched? A letter to the editor of Fortune Magazine

There’s an irony in Fortune Magazine’s July 24, 2014, article “The dark, disturbing world of the visa-for-sale program.” The article accuses foreign EB-5 investors of being “ill-equipped (or disinclined) to assess the...more

Russian Legislation Update - 21 July – 17 August 2014

In This Issue: - Corporate: Register of Shareholders - Investment Partnership - Dual Citizenship - Economic Partnership - Excerpt from Corporate: Register of Shareholders: On 31 July 2014 the...more

Frequently Asked Questions about EB-5 project financing for new hotel development

Why is there so much buzz about EB-5 financing? In the last five years, EB-5 financing has become extremely popular in development circles and is being widely used by mainstream, institutional players including...more

International Tax Compliance Update: Renouncing U.S. Citizenship to Avoid Taxes: Is It Worth It?

As we have reported previously in recent years the United States has intensified its efforts to force United States persons to disclose assets they hold and income they earn abroad. Two prominent examples of these efforts are...more

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

How should hotel developers go after EB-5 financing? Although the EB-5 immigrant visa program has been around since 1990, the current trend of using this as a source of financing for hotel development began only three...more

How to win the race for EB-5 capital: Obtaining “preferred” status for developers and projects

What does it mean to establish “preferred” status? What does it take? The preferred status of a developer and project with respect to EB-5 financing has certain elements are more or less inherent in the project and...more

The 5 questions every hotel developer is asking about EB-5 financing

In seeking to access EB-5 financing, our developer clients have asked a lot of questions, but most of them can really be summed up in the following 5 questions: 1. Will EB-5 work for me on my project? 2. How much...more

What is Happening Now in the Market for EB-5 Financing for Hotel, Multi-Family and Mixed Use Real Estate Developments

Competition for EB-5 Financing is Strong. Demand for EB-5 financing among U.S. real estate developers is at record high levels, and demand for high quality EB-5 investments in China remains strong. Marketing agents in...more

Under the Dome: Inside the Maine State House

In recent weeks, Governor LePage and the Department of Health and Human Services have disagreed with Attorney General Janet Mills regarding the Administration’s ability to influence whether municipalities distribute General...more

An Executive Summary and Overview of the EB-5 Program

U.S. Citizenship and Immigration Services (USCIS) administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by...more

Capital Thinking: International

Iraq/Syria Crisis - Early last week, on Tuesday, President Barack Obama authorized the deployment of approximately 275 U.S. military personnel to provide support and security for U.S. personnel and the U.S. Embassy in...more

FinCEN Advisory Addresses Risks Presented By Citizenship-by-Investment Program

On May 20, FinCEN issued Advisory FIN-2014-A004, warning financial institutions about the risk of illicit financial activity conducted by individuals with passports from St. Kitts and Nevis (SKN), which allows individuals to...more

Nonimmigrant Business Visa Chart

The chart linked here provides some introductory information regarding the different visa categories compiled by Williams Mullen’s Immigration Practice Group. Please see full chart below for more information....more

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