EB-5

News & Analysis as of

State Department Announces Cut-Off Date for Chinese EB-5 Investors

As of May 1, 2015, the EB-5 category will have used up its annual limit of visas and the Department of State will establish a cut-off date of May 1, 2013 for Chinese EB-5 investors. This means that only Chinese nationals with...more

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for...more

Férias de Verão! - Pensando nas posibilidades do Visto Estudantil

Resumo - Quando se trata de America Latina temos o ditado, “ Por mais que as coisas mudem, mais ficam iguais. Uma das consequências dessa instabilidade política e econômica e incerteza é que os latinos buscam qualquer...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

Come on, Nightline?!

If it’s not bad news, it won’t get good ratings? When Nightline recently reported on the EB-5 program, “Whistleblowers: US gave visas to suspected Forgers, Fraudsters, Criminals,” alleging that it is prone to fraud, they...more

USCIS Updates EB-5 Processing Time Information

On February 11, 2015, U.S. Immigration & Citizenship Services released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of December 31, 2014. ...more

Be Careful for What You Wish For! - Reconsidering the Tax Traps of the EB-5 Visa

EB-5 Visas have been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. Nothing hard to understand about that. The combination of...more

National Visa Center Experiencing Glitch in Processing of Chinese EB-5 Immigrant Visa Applications

The National Visa Center (NVC) recently informed the American Immigration Lawyers Association that appointment notices for Chinese EB-5 applications may indicate that applicants must bring original documents, even if NVC...more

Bipartisan Legislation Seeks to Make the EB-5 Program Permanent

Bipartisan legislation? Does such a thing exist anymore? Well, on January 28, 2015, Congressmen Jared Polis (D-CO) and Mark Amodei (R-NV) introduced The American Entrepreneurship & Investment Act of 2015 in an effort to...more

Polis Bill Reform EB-5 Immigrant Investor Program

With the regional center program set to expire in September 2015, the EB-5 industry has been given new life in the form of the American Entrepreneurship and Investment Act of 2015. The Act was introduced today by Congressmen...more

(US) The EB-5 Visa Program: A Popular Real Estate Financing Program's Reauthorization Is Uncertain

The EB-5 Visa Program has become an increasingly popular vehicle for real estate project financing in the United States. Last year, for the first time in the Program’s history, the annual supply of EB-5 immigrant investor...more

USCIS Terminates 16 EB-5 Regional Centers

Last October, we advised our readers that U.S. Citizenship & Immigration Services (USCIS) had sent out several Notices of Intent to Terminate (NOITT) regional center designation to various regional centers around the nation....more

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

This article is the fourth 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

EB-5: A Creative Financing Option for U.S. Developers and Businesses

In recent years, as raising capital has become more difficult for developers and the waiting time for green cards has increased for immigrants from certain countries, the popularity of the EB-5 Regional Center Program (also...more

Foreign Investment + Construction = Green Card

When you talk about construction and immigration it’s usually about undocumented workers and the underground economy, at least here in California and other border states. But a recent article I read wasn’t about poor, illegal...more

Ballard Spahr’s National Housing Symposium goes beyond the horizon

Yesterday Ballard Spahr held its 9th annual National Housing Symposium in Washington, D.C.. The theme of the Symposium was “Beyond the Horizon: Housing and Community Development Strategies for the Future”. Government...more

Bye Bye Brazil – Considerações Tributárias no Planejamento de Investimento Brasileiro dentro dos Estados Unidos - Parte 1

Sou advogado tributário americano. Me formei na academia militar do exército americano em West Point, Nova Iorque. Me graduei em Espanhol e Português. Meus professores eram um tentente coronel do exercito brasileiro formado...more

More EB-5 Predictions

No one can really predict the future. But as analysts will tell you, we can learn a lot from the past and watching current trends. This is especially true when it comes to immigration, which is in a state of constant flux....more

USCIS Publishes Updated EB-5 Processing Time Information

On October 24, 2014, USCIS released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of August 31, 2014...more

Failure to file Form I-924A Can Lead to a Notice of Intent to Terminate

During the 2013 Fiscal Year, USCIS notified more than 50 EB-5 regional centers on its intent to terminate their designation for one of the two following reasons: (i) not filing the required Form I-924A, or (ii) failing to...more

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

Banks and the EB-5 Program: Look Before You Leap

Many Washington banks have been asked to serve either as lender for an EB-5 project or as escrow holder to receive EB-5 customer deposits. While the benefits of serving in such roles, especially for a large real estate...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

Bye Bye Brazil!- Tax Planning Considerations for Brazilian Investment in the United States: Part I – Income Tax Considerations

Overview - I have mentioned in prior articles that I was a Spanish and Portuguese major as an undergraduate. During the time that I was attending law school at the University of Miami, the early 1990’s, the Brazilians...more

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