News & Analysis as of

Update: EB-5 Regional Center Program Receives Short-Term Extension

On September 29, 2016, as part of recently enacted federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 9, 2016. The Program has been similarly extended, with no...more

West Coast Real Estate Update: October 2016 #2

California Legislature Revises De Minimis Exemption of Finance Lenders Law - Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing...more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

Using the Uniform Transfers to Minors Act for Minor Investors in EB-5 Investment Funds

The USCIS stated in a stakeholder call on July 28, 2016 that minors can be primary applicants on I-526 petitions for visas under the EB-5 Program, but bear the burden of proving by a preponderance of the evidence that they...more

October 2016 Visa Bulletin

The Department of State (DOS) has issued a Visa Bulletin update for the month of October 2016 and, for the first time since November 2015, the United States Citizenship and Immigration Services (USCIS) has announced...more

EB-5 Will Likely Be Extended as Part of Continuing Resolution Through December 9, 2016

On September 23, 2016, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November...more

Continuing Resolution filed in US Senate includes temporary reauthorization of EB-5 Regional Center Program

A draft of a Continuing Resolution (“CR”) was filed yesterday by Senate Majority Leader Mitch McConnell which would fund all current US government operations through December 9, 2016. Because last year’s Omnibus...more

Department of State Releases October 2016 Visa Bulletin

Employment-based China and India First Preference and Worldwide Second Preference cutoff dates become “current” once again. The US Department of State (DOS) has released its October 2016 Visa Bulletin. The Visa Bulletin...more

Immigration Update: Entrepreneurs May Have a New Way to Start Up in the United States

The Department of Homeland Security (DHS) published a proposed rule that could provide an unusual type of immigration benefit called "parole" to individuals seeking a key role in start-up entities in the United States backed...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

The EB-5 Securities Law Roundtable has released its recommendations to clarify and conform EB-5 integrity legislation to existing...

The EB-5 Securities Law Roundtable, a group of securities lawyers from several different law firms around the United States, has been working jointly to provide comments to legislation that we expect will be proposed by...more

EB-5 Reauthorization Heading into Lame Duck Session of Congress

The extension of the reauthorization for the EB-5 Investor Visa Program may lapse on September 30, 2016. Whether lawmakers will invest time in EB-5 this coming month is an open question, but it is more probable than not that...more

Proposed Rule to Benefit Certain Immigrant Startup Entrepreneurs

Qualified applicants would be granted parole in United States for up to five years. On August 26, 2016, US Citizenship and Immigration Services (USCIS) published an advance copy of a proposed rule that would extend...more

EB-5 Securities Law Roundtable Offers Technical Language Resource to Lawmakers

Check out what’s new in the EB-5 world, where a team of securities lawyers are at work offering to help lawmakers understand complex legal provisions of proposed EB-5 integrity legislation. The group is called the EB-5...more

EB-5 Securities Law Roundtable Launches Web Presence

Several securities lawyers from several firms across the United States with a focus on EB-5 have organized a roundtable to discuss securities law issues....more

Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule

Seyfarth Synopsis: USCIS proposes a regulation to grant special “parole” entry to certain foreign entrepreneurs backed by venture capitalists and angel investors. The rule is long and complicated, while the benefit granted...more

NASAA Publishes Fraud Alert for EB-5 Investors

Recently, the North American Securities Administrators Association (NASAA), which is the oldest international organization devoted to investor protection, published an investor advisory for potential investors in EB-5...more

Three Immigration Lawyers Sanctioned by the SEC for Brokering EB-5 Investments

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has...more

Why NOW may be the best time for developers to start EB-5 financing

Is there a serious risk that EB-5 will expire September 30, 2016? Anything is possible when Congress is in session, but none of the experts we talk to believe that the EB-5 program will be allowed to lapse....more

I-829 Delays Reach All-Time Record: Thousands of EB-5 Investors in Limbo at USCIS

On August 11, 2016, USCIS published new processing times for I-829 petitions. The news is not good for EB-5 investors. USCIS is now taking in excess of 21 months to adjudicate I-829 petitions. This means that EB-5 investors...more

Department of State Releases September 2016 Visa Bulletin

Employment-based final action dates reflect modest advancement for the end of the fiscal year. The US Department of State (DOS) has released its September 2016 Visa Bulletin. The Visa Bulletin sets out per-country...more

I-526 Processing Delays Expected to Continue into 2017

According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more

Foreign Entrepreneurs Series | Part 2: Immigrant Visas

In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the United States. In that post, we discussed the importance of evaluating available visa options before...more

This Week In Securities Litigation

The Commission settled another FCPA action centered on the efforts of a Chilean airline to resolve its labor issues. The agency also filed four offering fraud actions: one based on an internet fraud; a second centered on the...more

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more

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