Immigration Securities

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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A Primer on EB-5 and Key Issues in its Renewal

What is the EB-5 Immigrant Investor Visa Program? The EB-5 immigrant investment visa program provides a “fast track” to obtain permanent U.S. residency (a “green card”) to qualified foreign investors who satisfy...more

Why NOW may be the best time for developers to start EB-5 financing

Is there a serious risk that EB-5 will expire September 30, 2016? Anything is possible when Congress is in session, but none of the experts we talk to believe that the EB-5 program will be allowed to lapse....more

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more

SEC Sanctions Unregistered EB-5 Investments Broker

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...more

Allegations of Fraud in EB5 Program

Immigrants seeking an EB5 green card to enter the United States are often at risk of being taken advantage of by unscrupulous individuals. Eager to gain legal entrance to the United States, many overlook questionable...more

EB-5 Program Update – SEC Orders $3.2 Million in Disgorgement Against Unregistered Broker-Dealers

So you want to use the government’s EB-5 Immigrant Investor Program (“EB-5 Program”) to raise cash? Be aware that the SEC will be looking over your shoulder to determine whether you are acting as an unregistered broker-dealer...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - The EB-5 Immigrant Investor Program has Provided a Breeding Ground for Securities Fraud - Back in 1990, Congress created the United States Citizenship and Immigration Services (USCIS) EB-5...more

Foreign Investor Visas Enter the Political Fray

Investment is the lifeblood of any economy. This is true whether that investment is in the form of building a business, or buying property. As the global economy evolves, an increasing number of international investors are...more

"Office of Compliance Inspections and Examinations Announces 2016 Priorities"

On January 11, 2016, the Securities and Exchange Commission (the “SEC”) identified selected 2016 examination priorities of the Office of Compliance Inspections and Examinations (“OCIE”). The priorities reflect certain...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

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

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

With Its End in Sight, EB-5 Survives!

In an uninteresting turn of events last week, Congress has passed the Omnibus Bill, which contained a provision extending the EB-5 program until September 30, 2016, with no other changes to the program. As previously...more

Williams Mullen FDI USA News - December 2015

FDI USA News highlights the FAQs arising from your projects—from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep FDI News interactive and relevant to your international business. ...more

United States Congress Extends EB-5 Program without Changes

In a provision in the omnibus Fiscal Year spending bill, the U.S. Congress extended the EB-5 immigrant investment program until September 30, 2016, without any changes. The bill is currently expected to pass the Congress and...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

SEC Files Eight More Actions Tied to EB-5 Program

The EB-5 program was designed by Congress to stimulate job creation and capital investment by foreign investors. In return for an initial investment of $1 million in a new commercial enterprise that creates or preserves at...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

EB-5 Legislative Update

Earlier this year, bipartisan legislation was introduced that would permanently authorize the EB-5 Immigrant Investor Pilot Program. Rather than pass the legislation, the U.S. House of Representatives passed a Continuing...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

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

SEC Charges EB-5 Brokers For Not Registering

Multiple firms involved in the solicitation of investment capital for the Immigrant Investor Program (also known as "EB-5") have recently been charged by the SEC with acting as unregistered brokers. Neither In re Ireeco, LLC,...more

SEC Files Another Fraud Action Based on EB-5 Program

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

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