EB-5 Visas

News & Analysis as of

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

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

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

EB-5 and the Tenant Occupancy Issue as Applied to Hotel Employees

Since the release of its “Tenant Occupancy” Notice on February 17, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Requests for Evidence on pending regional center applications and exemplar...more

Advising Business Owners Seeking Financing Through the EB-5 Immigrant Investor Visa Program

Business owners throughout the United States are still finding it difficult to finance development and expansion of their business, almost three years after the start of the Great Recession in September 2008, and weak job...more

EB-5 Alert: U.S. House of Representatives Approves Three-Year Extension of EB-5 Regional Center Program and Sends to President for...

EB-5 Program Regional Centers Have Been Re-authorized until 2015. EB-5 Regional Centers play an important role in raising EB-5 financing for new business development, and there has been some concern among investors and...more

EB-5 Alert: California’s New Targeted Employment Area Procedures Impose New Barriers on California’s Ability to Compete for EB-5...

California has adopted new policies that will deny EB-5 financing to many projects. On April 30, 2012, the California Department of Business, Transportation and Housing Agency released a bombshell that will have substantial...more

Beware of EB-5 Investor Scam

Recently, U.S. Citizenship and Immigration Services (USCIS) issued a warning regarding scams associated with the EB-5 investor visa. According to USCIS, scammers target foreign nationals who are seeking to become permanent...more

A View of EB-5 Program Issues from a Top SEC Enforcement Official

As participation in the U.S. Citizen and Immigration Services (USCIS) Immigrant Investor Program or “EB-5 program” grows, regulatory interest is showing a commensurate uptick. On November 20, 2013, Associate Director Stephen...more

Coming to America? Some Immigration Options for Investors & Entrepreneurs

Foreign nationals who wish to start their businesses in America often find themselves trying to navigate the complicated regulatory scheme that includes immigration law, SEC rules associated with raising capital, and...more

How To Develop an EB-5 Immigration Compliant Business Plan

For every Business Owner, Investor & Entrepreneur, the thought of putting together a business plan is very daunting but is often a necessary evil for those who want to succeed. There are a few popular Immigration Visas where...more

How Do You Prove Where the Money Comes From? The Source of Funds Requirement Explained for E-2 & EB-5 Visas

Entrepreneurs and Business Owners who wish to start a new business have two options. First, an E-2 visa is a non-immigrant (not a green card) visa that is available for entrepreneurs, investors and business owners who wish to...more

EB-5 Program Faces Heightened Enforcement Scrutiny

Announcements last week by the Securities and Exchange Commission (SEC) and U.S. Citizenship Immigration Services (USCIS) indicate that investments made through the EB-5 Immigrant Investor Program (the EB-5 Program) will be...more

EB-5 Investor Visa FAQs

The EB-5 investor visa is a business-based immigration option for foreign nationals with significant investments in the United States. Get the answers to some FAQs regarding the EB-5 investor visa. ...more

Thinking of Investing in an EB-5 Regional Center? Some Things to Consider Top 10 Due Diligence Questions

The EB-5 Immigrant (Green Card) Investor Visa requires that you invest either $1,000,000 in a city settings, or $500,000 in rural settings, and in return, the U.S. Government will give you, your spouse and your children a...more

SEC Charges Texas Couple for EB-5 Fraud Scheme

Marco and Bebe Ramirez were recently charged by the Securities and Exchange Commission (SEC) for fraudulently obtaining at least $5 million from foreign investors. The pair raised the funds by falsely promising that their...more

The EB-5 Basics For Investors: A Roadmap to the American Dream

EB-5 investors are eligible for an EB-5 immigrant visa if they have invested the required amount of capital into one of the three following for-profit business types: 1. A new commercial enterprise (NCE); 2. An...more

FINRA Issues Guidance on Suitability Rule for EB-5 Securities Transactions

FINRA has clarified that its Suitability Rule applies to broker dealers' assessment of EB-5 transactions, but that the broker can and should assess the immigration benefit among the economic interests of the investor. ...more

FINRA Raises the Bar on Due Diligence by Broker Dealers Involved in EB-5

At the end of August, the Financial Industry Regulatory Authority, Inc. (FINRA) issued an interpretive guidance letter to a registered broker dealer (BD), Trustmont Financial Group, Inc. (Trustmont). Trustmont had sought...more

EB-5 Regional Center Immigrant Investor Green Card – Friend or Foe?

The EB-5 Immigrant (Green Card) Investor Visa requires that you invest either $1,000,000 in a city settings, or $500,000 in rural settings, and in return, the U.S. Government will give you, your spouse and your children a...more

FINRA Provides Guidance on the Applicability of the Suitability Rule to Broker-Dealers Marketing Private Placements in the EB-5...

In an interpretive letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) interpreted the suitability requirements under Rule 2111 for recommendations to foreign nationals making...more

Want To Create American Jobs? Remove American Barriers To Immigration

While America is often called the land of opportunity, immigration law often serves as a barrier for many business owners and foreign entrepreneurs. In an editorial in The Washington Post, Facebook founder and CEO Mark...more

Who Qualifies as an EB-5 Investor?

The EB-5 investor visa is a business-based immigration tool for foreign nationals with significant investments in the United States. Created as part of the Immigration Act of 1990 to stimulate the U.S. economy through job...more

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