News & Analysis as of

EB-5

“The cold never bothered me anyway!” SEC again uses its power to freeze an alleged EB-5 scam

Like Elsa, the Princess in Disney’s classic Frozen, once again the Securities and Exchange Commission (SEC) has utilized its power to freeze. In this case, the freezing of assets. In what has become an increasingly common...more

EB-5 Program Is Extended Without Changes Until December 8, 2017

by Cozen O'Connor on

On September 8, President Trump signed into law H.R. 601 which will keep the U.S. federal government open through December 8, 2017. As a result, the EB-5 Regional Center Program is now extended until such date without any...more

Prime Opportunity to Redevelop Tacoma’s Old City Hall, Get Some Green Cards

Seattle is not the only Northwest city reaping the benefits of foreign investment. Tacoma, our neighbor to the south, is notably receiving foreign capital from Asia. Perhaps Tacoma’s Old City Hall is ripe for similar foreign...more

Extended Again: No Policy Changes for EB-5, Yet

by Goulston & Storrs PC on

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple...more

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

SEC Continues Its Focus On EB-5 Immigrant Visa Fraud

by Fox Rothschild LLP on

Earlier this year we wrote about the Justice Department’s continuing efforts to combat fraud in the EB-5 immigrant visa program, with the filing of several federal lawsuits seeking the forfeiture of nine real properties...more

EB-5 Regional Center Program Extended to December 8, 2017

The EB-5 Regional Center Program authorization was set to expire September 30, 2017. The extension of the authorization until December 8, 2017 was part of the legislation (known as H.R. 601) signed into law by President Trump...more

Department of State Releases October 2017 Visa Bulletin

by Morgan Lewis on

EB-1 China and India once again become “current” as does EB-2 Worldwide. The US Department of State has released its October 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa...more

H.R. 601 Extends EB-5 Program and Provides $15.25B of Disaster Relief Funds

by Ballard Spahr LLP on

President Trump has signed into law H.R. 601, a continuing resolution that funds the federal government through December 8, 2017, and thereby extends the EB-5 Regional Center Program beyond September 30, 2017—the end of the...more

EB-5 Regional Center Program Reauthorized To Dec., 8, 2017

by Fox Rothschild LLP on

The U.S. Congress extended the EB-5 Regional Center Program through December 8, 2017, without reform, as part of a stopgap continuing resolution to fund the federal government (H.R.601), which the President signed into law on...more

The RAISE Act – Legal Immigration Faces Challenges

by McNair Law Firm, P.A. on

In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more

Department of State Releases September 2017 Visa Bulletin

by Morgan Lewis on

EB-2 Worldwide moves forward; EB-3 Worldwide remains “current.” The US Department of State has released its September 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability...more

Reinvestment of EB-5 Funds in a New Project Can Maintain the "At-Risk" Requirement

by Ballard Spahr LLP on

One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more

Department of State Releases August 2017 Visa Bulletin

by Morgan Lewis on

EB-2 Worldwide to retrogress; EB-3 Worldwide is “current.” The US Department of State has released its August 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the...more

Immigrant Visa Processing Changes – EB2/3 India Advances Minimally; EB2 China Will Advance, But EB3 China Will Retrogress; EB3...

by Fox Rothschild LLP on

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

Procedural History - In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies...more

In Case You Missed It: Launch Links - June, 2017 #3

by WilmerHale on

Some interesting links we found across the web this week: How to Bypass Bureaucracy When Scaling Your Startup - Keeping that startup-feel alive beyond the growth stage can be difficult. ...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The first criminal charges against a major international bank and four of its executives tied to the market crisis were brought this week by the SFO. The charges were based on actions the firm took with private lenders to...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

A jury in Connecticut largely acquitted three former Nomura Securities RMBS trades charged with conspiracy, securities and wire fraud tied to allegations that the securities were mismarked. This is the second criminal case...more

U.S. Supreme Court Blocks SEC from Imposing Disgorgement beyond Five-Year Statute of Limitations

Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court’s recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on agency-sought disgorgement in...more

EB-5 Visa Program: All That Glitters Is Not Gold

by Akerman LLP - HR Defense on

Concerns over the EB-5 “Gold” visa have been revived since Senior White House advisor Jared Kushner’s sister pitched the prospect of EB-5 immigration visas to Chinese investors. While the program may appear an easy path to...more

Getting Ready for Change in the EB-5 Ecosystem

As we head into the summer, there is no certainty that we will see changes to the EB-5 Program. Lawmakers may simply not act, which may result in EB-5 being included in Continuing Resolutions alongside other immigration...more

Federal Crackdown On EB-5 Visa Fraud Continues With Filing Of Multiple Asset Forfeiture Lawsuits In California

by Fox Rothschild LLP on

In its continuing effort to fight fraud in the controversial EB-5 immigrant visa program, the Justice Department announced last week that it had filed federal lawsuits seeking the forfeiture of nine real properties across...more

Congressional Spending Bill Reauthorizes Important Immigration Programs

by Littler on

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

News From the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #3

by Downs Rachlin Martin PLLC on

Senate Committee Rejects Anti-Uber Amendment - The Senate Finance Committee on Friday afternoon unanimously rejected a proposal from the Senate Judiciary Committee to impose high automobile liability insurance limits on...more

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