EB-5

News & Analysis as of

West Coast Real Estate Update: February 2017 #2

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Department of State Releases March 2017 Visa Bulletin

No change in Dates for Filing chart again; China EB-3 advances 6.5 months in Final Action Dates chart. The US Department of State (DOS) has released its March 2017 Visa Bulletin. The Visa Bulletin sets out per-country...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

West Coast Real Estate Update: January 2017 #2

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Department of State Releases February 2017 Visa Bulletin

No change in Dates for Filing chart again; scant advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Current Administration Proposes Significant Changes to EB-5 Program

Yesterday, the Obama administration announced potential changes that could significant impact the EB-5 investor visa program. The EB-5 investor visa was originally established by Congress in 1990 to attract foreign...more

Proposed Changes To The EB-5 Immigrant Investor Program

The U.S. Department of Homeland Security (“DHS”) released yesterday in a Notice of Proposed Rulemaking a set of proposed changes to the EB-5 immigrant investor program, increasing the required investment amounts from $1...more

EB-5 Alert!  DHS to Publish Proposed Rules Addressing TEAs and Minimum Investment Amount

Today, January 13, the Department of Homeland Security (DHS) will expand upon the notice of proposed rulemaking released on January 11, 2017 by publishing a Notice of Proposed Rulemaking in the Federal Register, titled ‘EB-5...more

What to Expect on the Immigration Front from President Trump?

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

USCIS Seeks Public Input on the EB-5 Program

On January 11, 2017, the U.S. Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) published an Advance Notice of Proposed Rulemaking (ANPRM) to gather information relating to the EB-5...more

China's Stringent New Rules on Yuan Transfers Could Hinder EB-5 Fundraising

The Chinese government has enacted new rules severely limiting foreign currency transfers out of China. The scope of the limitations are not clear but the Xinhua News Agency reported that Chinese banks advised their customers...more

Immigration Under the Trump Administration

For those of us reading tea leaves after the election, the question remains: how will the election of Donald Trump to the office of the presidency affect immigration? Candidate Trump became well-known for his strong...more

West Coast Real Estate Update: December 2016

Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more

EB-5 financing for developers extended. Obama signs “Continuing Resolution”

On December 9, 2016, President Obama signed the “Continuing Resolution” passed by Congress to extend funding of the federal government until April 28, 2017, by which time it is expected that Congress will have approved a...more

Update: EB-5 Program Receives Another Short-Term Extension

On December 9, 2016, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through April 28, 2017. The Program has been similarly extended, with no change in policy, on...more

Department of State Releases January 2017 Visa Bulletin

No change in Dates for Filing chart again; minimal advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

EB-5 Program Gets Temporary Extension; USCIS Issues New EB-5 Policy Manual

The EB-5 Regional Center Program has been extended through April 28, 2017, following the passage of a continuing resolution (CR) by Congress that narrowly avoided a government shutdown. The CR provides continued funding...more

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

Seyfarth’s Analysis of the Short-Term Impact of the Election on Business and Employment-based Immigration

Seyfarth Synopsis: The Trump Administration will have the power to make significant changes to the business immigration landscape. Here is what we can expect. Immigration issues have become more important than ever for...more

Department of State Releases December 2016 Visa Bulletin

No change in Dates for Filing chart; small gains in Final Action Dates chart. The US Department of State (DOS) has released its December 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

Post-Election Congress Returns for Lame Duck Session What to Expect? - Updated

Last week, ML Strategies shared our thoughts on what to expect in the post-election lame duck Congress. The unknown factor at that point in time was who would be elected President on November 8th, which party would be in the...more

Steps to Take Now to Avoid the EB-5 Dragnet

The Securities and Exchange Commission (SEC) is keeping an eagle eye on EB-5 projects these days, as evidenced by a dramatic increase in the number of fraud cases the agency has filed in federal courthouses across the...more

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