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The Failures and Future of the EB-5 Regional Center Program: Can it be Fixed?

Senate Committee on the Judiciary Hearing - The Senate Committee on the Judiciary (“Committee”) held a hearing on February 2nd regarding the future of the EB-5 Regional Center Program. The hearing was led by Senators...more

US Policy Scan 2016

Virtually the only certain political outcome of 2016 is that voters will select a new president to enter the White House in 2017. Against this backdrop, the legislative and electoral outlook in Washington, DC, remains steeped...more

FINRA and the SEC Issue 2016 Examination Priorities Targeting EB-5 Program

Earlier this month, both the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) and the Financial Industry Regulatory Authority (FINRA) included the EB-5 Immigrant Investor...more

What Implementation of the Iran Nuclear Deal Means for Non-U.S. Companies

On January 16, 2016, the International Atomic Energy Agency (IAEA) verified, and U.S. Secretary of State John Kerry confirmed, that Iran had implemented its key nuclear-related measures described in the Joint Comprehensive...more

SEC Issues 2016 Examination Priorities Targeting EB-5 Program

On January 11, the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) announced its examination priorities for this year. Cybersecurity, municipal advisors and the protection...more

U.S. Pre-Immigration Tax Planning

The U.S. Pre-Immigration Tax Planning brochure provides information on the U.S. Tax Code, income tax, estate and gift tax, and pre-immigration considerations, in addition to real-world examples. There are no adverse...more

EB-5 Immigrant Visa program extension signed into law — without any changes. EB-5 financing continues for new development...

Hotel lawyer with great news for developers: the EB-5 immigrant visa financing program has been renewed — approved by Congress and signed by the President. It is being continued without change through September 30, 2016....more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - Investment Management Division Director Address to Investment Company Institute - Division Director David Grim addressed the ICI on December 16, 2015. In his remarks, Grim noted 2015 was the 75th...more

Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,...more

Congress Extends EB-5 Program without Changes until September 2016

Action Item: The nine-month extension of the EB-5 Program provides a temporary reprieve to the real estate developer and foreign investor communities while Congress and industry groups grapple with a more comprehensive...more

Infrastructure, Energy and Land: Russia’s renewed focus on the development of the Russian Far East

Over the past two years, Russia has expressed its intent to significantly increase investment opportunities in the Russian Far East including in the areas of infrastructure development, ship and oil rig building, trade,...more

Outlook 2016: The new rules for developers raising inexpensive capital with EB-5 financing for hotel, hotel condo and mixed-use...

Hotel Lawyer preview of the new EB-5 financing rules. Although minor tweaks and adjustments continue to be made to legislation in the final hours before Congress votes, it looks like we have a pretty good idea of what...more

Update: EB-5 Regional Center Program Receives Additional Short-Term Extension

On December 11, 2015, a stopgap continuing resolution was enacted to fund the federal government for an additional five days. Included in this funding legislation is a short-term extension through December 16, 2015 of the...more

Foundation: December 2015 • Vol. II, Issue 3

As we now find ourselves in the midst of Q4 with the holiday season rapidly approaching, it is safe to say that 2015 was a rather dynamic year across the board. The real estate market being no exception, we expect great...more

Find Out What Is Hidden Within The New FAST Act

On December 4, 2015, the President signed into law the Fixing America’s Surface Transportation Act, or FAST Act. There’s not much in there about taxes, but here are the plums hidden in the Act’s 1,300 page text...more

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

The Death of EB-5 Has Been Greatly Exaggerated

Earlier this year we discussed the uncertain future of the EB-5 Visa Program, one of the most successful inbound investment programs of recent years, as evidenced by the $5.2 billion dollars the program has generated in the...more

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

EB-5 Regional Center Program Update: As Deadline for Expiration Approaches, Congressional Action Likely

Now just days away from the December 11th expiration of a short-term Continuing Resolution (CR) that has been funding federal activities since the start of the current fiscal year on October 1st, Congress is feverishly...more

Russia Sets Economic Sanctions Against Turkey

On Saturday, 28 November 2015, the Russian President signed Decree No. 583 on special economic measures against Turkey. The Decree was followed by the Russian Government Resolution No. 1296 published on 1 December 2015....more

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

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

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

Proposed Legislation Would Expand EB-5 Visa Program

U.S. Senator Rand Paul (R-Kentucky) has introduced legislation intended to raise the number of EB-5 green cards available to foreign investors while also making permanent the EB-5 Regional Center Program. The Regional Center...more

EB-5 Extended To Mid-December, With Changes on the Horizon

The EB-5 Regional Center program has been extended through December 11, 2015. The program is an employment-based visa vehicle allowing foreign investors and their families to earn U.S. green cards by investing in new...more

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