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 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 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
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
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
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
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
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
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
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
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
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
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
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
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
The State of Michigan announced last week that it received approval by the U.S. Citizenship and Immigration Services (USCIS) to operate a government run EB-5 regional center. The regional center will be the second state-run...more
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
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
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
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
Interest in the EB-5 financing program has increased exponentially in the past year and is being explored by many developers and businesses in the United States as an alternative to traditional financing sources....more
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
Why EB-5 financing is important to hotel developers now: Financing for new hotel development is still in short supply, even for experienced hotel developers. As a result, many hotel developers are exploring the EB-5 financing...more
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
Since the release of its “Tenant Occupancy” Notice on February 17, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Requests for Evidence on pending regional center applications and exemplar...more
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