News & Analysis as of

Immigrant Investor Program

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

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

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

You Do Not Need to be a Kushner to EB-5. You Need an Immigration Lawyer.

The EB-5 visa program is an investment-based immigrant visa available to people across the globe. Since its inception, the EB-5 visa program has brought over $15 billion in low-cost financing and investments into the United...more

Extended Again: No Policy Changes for EB-5, For Now

by Goulston & Storrs PC on

The EB-5 Regional Center Program has received yet another extension, this time through September 30, 2017. The Program has been similarly extended, with no change in policy, on multiple occasions since its previously...more

EB-5 Alert! Congress Extends EB-5 for One Week

by Fox Rothschild LLP on

Today, Congress extended the EB-5 Program for 1 week through May 5, 2017. The Program was extended as part of a continuing resolution (CR) funding the federal government through May 5, 2017, thus preventing a government...more

The Future of EB-5 is Being Viewed through a Different Lens

by Goulston & Storrs PC on

Developers, investors and other stakeholders are looking for signs as to how the new administration will approach legal immigration, specifically immigration fostered by the EB-5 Regional Center Program. As we reported in...more

Bigger Investments Proposed for EB-5 Projects; Investors Scramble to Beat Deadline

by Ballard Spahr LLP on

As we have previously reported, many members of Congress have proposed and considered several reforms to the U.S. Immigrant Investor Program known as "EB-5" over the past several years. The reforms included making the...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

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

by Goulston & Storrs PC on

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

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

by Ballard Spahr LLP on

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

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

by Goulston & Storrs PC on

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

by Holland & Knight LLP on

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

by Ballard Spahr LLP on

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

In Case You Missed It: Launch Links - September, 2016

by WilmerHale on

Some interesting links we found across the web this week: Will tech IPOs come back to life in the fall? 2016 has been the slowest year for IPOs since 2009, likely because of new issues raised by recent tech...more

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

by Carlton Fields on

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

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Budget hearings were a focus this week as the Chair of the SEC and Chairman of the CFTC visited Capitol Hill. Both sought substantial increases, requesting more money for technology, inspections and enforcement. While the...more

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

by Bryan Cave on

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

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

by Cozen O'Connor on

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

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more

Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

by Ballard Spahr LLP on

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,...more

EB-5 Regional Center Program Update: As Deadline for Expiration Approaches, Congressional Action Likely

Now just days away from the December 11th expiration of a short-term Continuing Resolution (CR) that has been funding federal activities since the start of the current fiscal year on October 1st, Congress is feverishly...more

Limiting Securities Litigation Risks in EB-5 Offerings: What Regional Centers and Issuers Need to Know

by Mintz Levin on

The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors...more

Proposed Legislation Would Expand EB-5 Visa Program

by Ronald Shapiro on

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

SEC Charges EB-5 Brokers For Not Registering

by Carlton Fields on

Multiple firms involved in the solicitation of investment capital for the Immigrant Investor Program (also known as "EB-5") have recently been charged by the SEC with acting as unregistered brokers. Neither In re Ireeco, LLC,...more

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