Foreign Investment EB-5

News & Analysis as of

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

Significant Increases to EB-5 Program Filing Fees Effective on December 23, 2016

The Department of Homeland Security (DHS) has increased fees by an average of 21 percent for certain U.S. Citizenship and Immigration Services (USCIS) applications, including the U.S. Immigrant Investor Program (EB-5)....more

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

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

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

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

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

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

Investor Visa Applications Skyrocket

The popular EB-5 immigration program has exceeded its applicant limit for the third consecutive year. Applications have more than doubled, from 13,526 during the first quarter of 2015 to 21,988 over the same period this year....more

EB-5 Visa Program A Win-Win For Immigrants And Americans

The 1990 EB-5 green card program has been a controversial one for Americans, even as thousands of foreign nationals and American citizens reap the benefits of the program. Through the program, impoverished areas in the United...more

Allegations of Fraud in EB5 Program

Immigrants seeking an EB5 green card to enter the United States are often at risk of being taken advantage of by unscrupulous individuals. Eager to gain legal entrance to the United States, many overlook questionable...more

Energy Insights: An Update from the First Quarter of 2016

Seyfarth Synopsis: In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q1 2016 for the energy industry including 1) the fate of the Clean...more

EB-5 Program Update – SEC Orders $3.2 Million in Disgorgement Against Unregistered Broker-Dealers

So you want to use the government’s EB-5 Immigrant Investor Program (“EB-5 Program”) to raise cash? Be aware that the SEC will be looking over your shoulder to determine whether you are acting as an unregistered broker-dealer...more

Foreign Investor Visas Enter the Political Fray

Investment is the lifeblood of any economy. This is true whether that investment is in the form of building a business, or buying property. As the global economy evolves, an increasing number of international investors are...more

The Failures and Future of the EB-5 Regional Center Program: Can it be Fixed?

Senate Committee on the Judiciary Hearing - The Senate Committee on the Judiciary (“Committee”) held a hearing on February 2nd regarding the future of the EB-5 Regional Center Program. The hearing was led by Senators...more

Congress Extends EB-5 Program without Changes until September 2016

Action Item: The nine-month extension of the EB-5 Program provides a temporary reprieve to the real estate developer and foreign investor communities while Congress and industry groups grapple with a more comprehensive...more

Foundation: December 2015 • Vol. II, Issue 3

As we now find ourselves in the midst of Q4 with the holiday season rapidly approaching, it is safe to say that 2015 was a rather dynamic year across the board. The real estate market being no exception, we expect great...more

EB-5 Investors: Expect More Hassles Entering the United States

The recent attacks in Paris and San Bernardino are going to result in an increase in security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for...more

How to Get in on the Offshore Fund Flow to the U.S.

A recent report estimates that foreign investors are expected to spend more than $70 billion on U.S. commercial real estate in 2015. Another report states that nearly a quarter of all recent commercial real property sales in...more

EB-5 Due Diligence Matters

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

Proposed Legislation Would Expand EB-5 Visa Program

U.S. Senator Rand Paul (R-Kentucky) has introduced legislation intended to raise the number of EB-5 green cards available to foreign investors while also making permanent the EB-5 Regional Center Program. The Regional Center...more

EB-5 Extended To Mid-December, With Changes on the Horizon

The EB-5 Regional Center program has been extended through December 11, 2015. The program is an employment-based visa vehicle allowing foreign investors and their families to earn U.S. green cards by investing in new...more

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