Immigration Securities

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SEC Announces Broker-Dealer Enforcement Action - Believed to be First in EB-5 Program

On Tuesday, June 23, 2015, the Securities and Exchange Commission (the "SEC") charged two affiliated U.S.-based firms with failing to register as a broker-dealer with the SEC in connection with the firms' solicitation of $79...more

Unregistered Broker Activity in EB-5 Capital Fund Raising SEC Imposes Cease-And-Desist Order

In an important development affecting the EB-5 financial community the SEC has imposed a cease-and-desist order with respect to fund raising activities conducted by two unregistered brokers and related persons in connection...more

SEC Brings First Unregistered Broker Charges Based on EB-5 Program

The EB-5 program was designed to create a path to becoming a permanent residence in the U.S. for certain immigrants while facilitating job creation in the United States. Initiated in 1990, the program gives a foreign...more

Overview of the Bipartisan EB-5 Reauthorization Bill: The American Job Creation and Investment Promotion Reform Act

Senate Judiciary Committee Chairman Chuck Grassley and ranking member Senator Patrick Leahy introduced sweeping, bipartisan legislation on June 3, 2015, to reauthorize and reform the EB-5 Regional Center program, which is...more

The Basic Rules of Website Advertising for EB-5 Securities Offerings

EB-5 securities issuers, sponsors and others who market EB-5 securities often want to use websites to provide information to potential investors regarding their past and current EB-5 projects. When using these websites, it...more

Labor & Employment E-Note - April 2015

In This Issue: - Employment Law Update After Young v. United Parcel Service, Inc. - Excerpt from Employment Law Update After Young v. United Parcel Service, Inc.: A pregnant employee walks into your...more

The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

Five Key Issues Confronting Financial Services Industry Employers

Employers in the financial services industry are faced with a growing number of employment law challenges. Whistleblower complaints are on the rise as regulatory agencies become more aggressive in their efforts to encourage...more

Coming to America (for Business) - Using the L1 Visa as an Alternative to EB 5

Overview - As a long term veteran of the financial services industry, I have learned that in many cases, people do not “buy” a product or service but instead are “sold”” the product or service that the advisor is...more

China Update February 2015: Settlement of the SEC Action Against Chinese Auditors Regarding Production of Workpapers, and EB-5...

Settlement of the SEC Action Against Chinese Auditors Regarding Production of Workpapers - Earlier this month the US Securities and Exchange Commission (SEC) agreed to “stay” the administrative action (meaning the SEC...more

Immigration Corner: Scams Abound, Getting Acquainted with the Business Visitor, and CBP Eases Your Next U.S. Entry

New Initiatives = New Targets for Scams - Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more

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

This article is the third 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

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

This Week In Securities Litigation

The Commission prevailed on summary judgment in an action against a broker which alleged he misappropriated client funds. The agency also filed actions centered on: an audit failure; the EB-5 immigration program; undisclosed...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

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

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

Banker Beware: EB-5 Programs Can Be Fraught With Peril

The EB-5 visa, created by Section 203(b)(5) of the United State's (U.S.) Immigration Act of 1990, was established to attract foreign capital and create U.S. jobs by providing a method of obtaining a Green Card for foreign...more

How Can a Business Access EB-5 Financing?

Businesses looking to obtain capital and financing for projects in the United States often think of bank loans or securities offerings, but the EB-5 investor program is a little-known investment vehicle that is a viable...more

A practical guide to compliance with U.S. securities broker-dealer laws for regional centers and project developers using EB-5...

Are regional centers really required to register as broker-dealers under U.S. securities laws? Recent articles have suggested that every United States Citizenship and Immigration Services (“USCIS”)-approved regional...more

California’s New Rule for Private Fund Advisers will Result in Significant New Requirements and Restrictions for Many California...

On August 27, 2012, the California Department of Corporations adopted a new Rule 206.204.9, which was intended to encourage capital investment in private investment funds by providing an exemption from investment adviser...more

Beware of EB-5 Investor Scam

Recently, U.S. Citizenship and Immigration Services (USCIS) issued a warning regarding scams associated with the EB-5 investor visa. According to USCIS, scammers target foreign nationals who are seeking to become permanent...more

A View of EB-5 Program Issues from a Top SEC Enforcement Official

As participation in the U.S. Citizen and Immigration Services (USCIS) Immigrant Investor Program or “EB-5 program” grows, regulatory interest is showing a commensurate uptick. On November 20, 2013, Associate Director Stephen...more

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