EB-5

News & Analysis as of

EB-5 Visas and China “Retrogression” – What’s it all about?

In the past, when China exceeded its 7% allocation of US Immigrant Investor Visas (EB-5 visas), Chinese applicants were permitted to take advantage of unused EB-5 visas allotted to other countries. But as of the last week of...more

Immigration Corner: Chinese EB-5 Applicants are Beginning to Form a Line, PERM Passwords, Changing Visa Fees

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

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

China EB-5 Backlogs Expected during FY2015

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

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

DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

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

Problems With Availability of EB-5 Visas for Chinese Nationals

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

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

Frequently Asked Questions about EB-5 project financing for new hotel development

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

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

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

How to win the race for EB-5 capital: Obtaining “preferred” status for developers and projects

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

The 5 questions every hotel developer is asking about EB-5 financing

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

What is Happening Now in the Market for EB-5 Financing for Hotel, Multi-Family and Mixed Use Real Estate Developments

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

An Executive Summary and Overview of the EB-5 Program

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

Michigan Becomes Second State Approved EB-5 Regional Center

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

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

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

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

EB-5 Financing for U.S. Developers and Businesses

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

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

How to Find the Right Regional Center and Negotiate the Terms of an EB-5 Financing for your Hotel Project

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

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

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