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EB-5 Visas: a Source of Funding for US Businesses but not Without Risk

China’s wealthy investors are known for seeking secure havens for their money overseas. In addition to being considered a secure environment for their money, the US offers the EB-5 program providing the investor and his or...more

UPDATE: Developments in the Ukraine and Impact on Investments

On Sunday, Crimea voted to secede from Ukraine. The EU and U.S., which consider Sunday’s referendum in Crimea to be illegal, retaliated with sanctions. The nature of these is set out below as a further update to the Alert...more

American Entrepreneurship and Investment Act of 2014

Over the last several months, Brownstein Hyatt Farber Schreck has been working closely with lawmakers on important legislation updating and refining the EB-5 program. Late last week, as a result of these efforts, Rep. Jared...more

The Gloves are Off: U.S. Sanctions Block Aggressors in Crimea

In response to Russia’s military presence in the Crimean region of Ukraine, President Obama issued an Executive Order (“EO”) on March 6, 2014, authorizing the blocking of property of individuals and entities involved in the...more

President Obama Signs Executive Order "Blocking Property of Certain Persons Contributing to the Situation in Ukraine"

On March 6, 2014, President Obama issued an executive order “blocking property of certain persons contributing to the situation in Ukraine” (“the Order”), designed to address the extraordinary threats to democratic processes...more

Canada’s Immigrant Investor Program Ends, Increases U.S. Opportunities

Earlier this month, Canada’s Economic Action Plan 2014 announced that the country would be ending its Immigrant Investor Program (IIP). The Canadian government made the decision to end the program in order to eliminate a...more

FAQs about EB-5 Regional Center Requirements

The EB-5 investor visa is a business-based immigration option for foreign nationals with significant investments in the United States. What is the EB-5 investor program? The EB-5 visa was created as part of the...more

Getting a Green Card Subjects Noncitizens to U.S. Foreign Bank Account Reporting Requirements

A resident or citizen of a country other than the United States who obtains lawful permanent resident status in the United States, often referred to as a “green card,” becomes a resident of the United States for U.S. income...more

Advising Business Owners Seeking Financing Through the EB-5 Immigrant Investor Visa Program

Business owners throughout the United States are still finding it difficult to finance development and expansion of their business, almost three years after the start of the Great Recession in September 2008, and weak job...more

EB-5 Alert: U.S. House of Representatives Approves Three-Year Extension of EB-5 Regional Center Program and Sends to President for...

EB-5 Program Regional Centers Have Been Re-authorized until 2015. EB-5 Regional Centers play an important role in raising EB-5 financing for new business development, and there has been some concern among investors and...more

Update on California’s New Targeted Employment Area Procedures for EB-5 Immigrant Investor Financing

The Governor’s Office of Business and Economic Development is actively communicating with EB-5 stakeholders to address concerns raised with the new procedures for designating “Targeted Employment Areas.” We met with Brook...more

EB-5 Alert: California’s New Targeted Employment Area Procedures Impose New Barriers on California’s Ability to Compete for EB-5...

California has adopted new policies that will deny EB-5 financing to many projects. On April 30, 2012, the California Department of Business, Transportation and Housing Agency released a bombshell that will have substantial...more

The Start-up Chile visa program: Chile’s gain is our loss

The following opinion piece by Susan Cohen appeared in the December 20, 2013 issue of VentureBeat and is reprinted here with permission. The U.S. market is a magnet for foreign entrepreneurs. Yet the U.S. immigration...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

Coming to America? Some Immigration Options for Investors & Entrepreneurs

Foreign nationals who wish to start their businesses in America often find themselves trying to navigate the complicated regulatory scheme that includes immigration law, SEC rules associated with raising capital, and...more

Broker-Dealer Registration Issues Associated with Development Projects under the EB-5 Program

The EB-5 Immigrant Investor Program (the “EB-5 Program”) administered by the U.S. Citizenship and Immigration Service (USCIS) has been a significant source of capital for various real estate and other development projects...more

How To Develop an EB-5 Immigration Compliant Business Plan

For every Business Owner, Investor & Entrepreneur, the thought of putting together a business plan is very daunting but is often a necessary evil for those who want to succeed. There are a few popular Immigration Visas where...more

How Do You Prove Where the Money Comes From? The Source of Funds Requirement Explained for E-2 & EB-5 Visas

Entrepreneurs and Business Owners who wish to start a new business have two options. First, an E-2 visa is a non-immigrant (not a green card) visa that is available for entrepreneurs, investors and business owners who wish to...more

EB-5 Program Faces Heightened Enforcement Scrutiny

Announcements last week by the Securities and Exchange Commission (SEC) and U.S. Citizenship Immigration Services (USCIS) indicate that investments made through the EB-5 Immigrant Investor Program (the EB-5 Program) will be...more

EB-5 Investor Visa FAQs

The EB-5 investor visa is a business-based immigration option for foreign nationals with significant investments in the United States. Get the answers to some FAQs regarding the EB-5 investor visa. ...more

Thinking of Investing in an EB-5 Regional Center? Some Things to Consider Top 10 Due Diligence Questions

The EB-5 Immigrant (Green Card) Investor Visa requires that you invest either $1,000,000 in a city settings, or $500,000 in rural settings, and in return, the U.S. Government will give you, your spouse and your children a...more

SEC Charges Texas Couple for EB-5 Fraud Scheme

Marco and Bebe Ramirez were recently charged by the Securities and Exchange Commission (SEC) for fraudulently obtaining at least $5 million from foreign investors. The pair raised the funds by falsely promising that their...more

Concurrent EB-5 Offerings In The United States And Abroad

Until recently, U.S. offerors and others had to make offerings of EB-5 project investments solely offshore in order to benefit from Regulation S, an exclusion from registration requirements. The offerors had to exclude...more

EB-5 Questions and Answers Series – What is the EB-5 Program?

Also known as “EB-5,” the Immigrant Investor Program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under the pilot immigration program, first...more

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