News & Analysis as of September 18, 2024

Securities and Exchange Commission (SEC)

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

Enforcement News: SEC Brings Enforcement Action in Connection EB-5 Immigrant Investor Program

Freiberger Haber LLP on 11/29/2023

In July of this year, we wrote about a fraud action involving the EB-5 Immigrant Investor Program (“EB-5 Program” or “Program”) (here). Under the EB-5 Program, investors are eligible for permanent residency status in the U.S....more

EB-5 Enforcement on the Uptick

Bradley Arant Boult Cummings LLP on 3/23/2021

The EB-5 Immigrant Investor Program is one that attracts its fair share of attention, not all of it good, and too much of it from organizations named with that part of the alphabet — SEC and DOJ — that can strike fear in the...more

Updated Information After the Annual IIUSA Meeting Held in Washington, DC May 6 and May 7, 2019

Saul Ewing LLP on 5/20/2019

IIUSA hosted a very targeted annual conference in Washington, D.C., to discuss the status of the EB-5 industry and focused on various specific matters of interest to the group....more

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

Mintz - EB-5 Financing Viewpoints on 9/29/2017

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

SEC Continues Its Focus On EB-5 Immigrant Visa Fraud

Fox Rothschild LLP on 9/29/2017

Earlier this year we wrote about the Justice Department’s continuing efforts to combat fraud in the EB-5 immigrant visa program, with the filing of several federal lawsuits seeking the forfeiture of nine real properties...more

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

Seyfarth Shaw LLP on 12/13/2016

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

SEC Sanctions Unregistered EB-5 Investments Broker

Carlton Fields on 7/18/2016

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...more

SEC Issues 2016 Examination Priorities Targeting EB-5 Program

Akin Gump Strauss Hauer & Feld LLP on 1/14/2016

On January 11, the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) announced its examination priorities for this year. Cybersecurity, municipal advisors and the protection...more

EB-5 Due Diligence Matters

Mintz on 11/6/2015

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

SEC Files Another Fraud Action Based on EB-5 Program

Dorsey & Whitney LLP on 8/27/2015

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

Akerman LLP on 7/15/2015

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,...more

EB-5 Visas: a Source of Funding for US Businesses but not Without Risk

Poyner Spruill LLP on 4/11/2014

China’s wealthy investors are known for seeking secure havens for their money overseas. In addition to being considered a secure environment for their money, the US offers the EB-5 program providing the investor and his or...more

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

Broker-Dealer Compliance + Regulation on 12/3/2013

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

Broker-Dealer Registration Issues Associated with Development Projects under the EB-5 Program

Broker-Dealer Compliance + Regulation on 11/7/2013

The EB-5 Immigrant Investor Program (the “EB-5 Program”) administered by the U.S. Citizenship and Immigration Service (USCIS) has been a significant source of capital for various real estate and other development projects...more

EB-5 Program Faces Heightened Enforcement Scrutiny

Ballard Spahr LLP on 10/14/2013

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

Affiliating with a Broker-Dealer

Sheppard Mullin Richter & Hampton LLP on 6/25/2013

We frequently speak with our clients about whether their participation in an EB-5 program requires registration as a broker-dealer. Joseph Furey, Assistant Chief Counsel at the SEC Division of Trading and Markets, addressed...more

SEC Freezes Assets and Brings Civil Charges against EB-5 Investor Visa Project

Sheppard Mullin Richter & Hampton LLP on 2/12/2013

In the first SEC enforcement action of its kind, the SEC announced on February 8, 2013 that it had filed civil charges against, and received an emergency order to freeze assets of, the Intercontinental Regional Center Trust...more

SEC Brings Case Involving EB-5 Investment Program

Brooks Pierce on 2/11/2013

It’s not often that the securities enforcement and immigration law worlds collide, but I suppose it occasionally happens....more

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United States Citizenship and Immigration Services › EB-5 › Securities and Exchange Commission (SEC)

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