A provision to extend the current EB-5 Program until September 30, 2018 is contained in the proposed Consolidated Appropriations Act, 2018 (“Omnibus”). If passed by the Congress and signed into law by the President this week,...more
Lawmakers are again considering changes to the EB-5 Program. In fact, before the end of this month, we may see provisions from the “Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act” or “EB-5 Reform...more
Congress nearly averted a shutdown last week, but just missed the mark when Sen. Rand Paul (R-KY) temporarily blocked Senate passage of the fifth – and supposedly final — continuing resolution (CR) of this fiscal year...more
2/13/2018
/ Continuing Resolution ,
DACA ,
EB-5 ,
EB-5 Regional Centers ,
Foreign Investment ,
Government Shutdown ,
Immigrant Investor Program ,
Stakeholder Engagement ,
Trump Administration ,
Visa Applications ,
Visas
Three days into the government shutdown, Senate Majority Leader McConnell (R-KY) and Senate Minority Leader Schumer (D-NY) took to the Senate floor Monday afternoon to announce an agreement to end the impasse and reopen the...more
1/26/2018
/ Continuing Resolution ,
DACA ,
EB-5 ,
EB-5 Regional Centers ,
Foreign Investment ,
Government Shutdown ,
Immigrant Investor Program ,
Investors ,
Trump Administration ,
Visa Applications ,
Visas
Three days into the government shutdown, Senate Majority Leader McConnell (R-KY) and Senate Minority Leader Schumer (D-NY) took to the Senate floor Monday afternoon to announce an agreement to end the impasse and reopen the...more
1/25/2018
/ Continuing Resolution ,
DACA ,
EB-5 ,
EB-5 Regional Centers ,
Foreign Investment ,
Government Shutdown ,
Immigrant Investor Program ,
Investors ,
Time Extensions ,
Trump Administration ,
Visa Applications ,
Visas
With all eyes in Washington focused on tax reform, let’s not forget that there is a hard deadline approaching to address funding of federal activities with the current continuing resolution (CR) set to expire soon. The CR has...more
Like Elsa, the Princess in Disney’s classic Frozen, once again the Securities and Exchange Commission (SEC) has utilized its power to freeze. In this case, the freezing of assets. In what has become an increasingly common...more
10/12/2017
/ Asset Freeze ,
Civil Monetary Penalty ,
EB-5 ,
Enforcement Actions ,
Foreclosure Sales ,
Foreign Investment ,
Green Cards ,
Investors ,
Misallocation of Funds ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
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
9/29/2017
/ DACA ,
Department of Homeland Security (DHS) ,
EB-5 ,
Enforcement Actions ,
Federal Register ,
Foreign Investment ,
Immigration Reform ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Trump Administration ,
USCIS
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
Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court’s recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on agency-sought disgorgement in...more
6/9/2017
/ Administrative Proceedings ,
Disgorgement ,
EB-5 ,
EB-5 Regional Centers ,
Enforcement Actions ,
Fraud ,
Kokesh v SEC ,
Penalties ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
As we head into the summer, there is no certainty that we will see changes to the EB-5 Program. Lawmakers may simply not act, which may result in EB-5 being included in Continuing Resolutions alongside other immigration...more
United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be...more
Letter from the Editors -
Dear Readers,
The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more
9/29/2016
/ Capital Raising ,
Crowdfunding ,
Crowdsourcing ,
Data Breach ,
Data Security ,
Dwolla ,
E-2 ,
Entrepreneurs ,
FinTech ,
Good Faith ,
H-1B ,
Initial Public Offering (IPO) ,
Innovation ,
JOBS Act ,
Parole ,
Privacy Laws ,
Private Placements ,
Public Offerings ,
Rule 506 ,
Visas
At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for...more
On September 23, 2016, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November...more
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
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
Several securities lawyers from several firms across the United States with a focus on EB-5 have organized a roundtable to discuss securities law issues....more
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
The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has...more
8/24/2016
/ Civil Monetary Penalty ,
EB-5 ,
Enforcement Actions ,
Finder's Fees ,
Immigration Attorneys ,
Investment Funds ,
Professional Liability ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Transaction-Based Compensation
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
According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more
We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second...more
2/11/2016
/ Anti-Competitive ,
Biosimilars ,
D&O Insurance ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Individual Accountability ,
Israel ,
Law Practice Management ,
Mobile Apps ,
Off-Label Promotion ,
Precision Medicine Initiative (PMI) ,
U.S. Embassies ,
Visa Applications ,
Visas ,
White Collar Crimes ,
Yates Memorandum
In 2012, we wrote about the risky business of immigration lawyers accepting finder’s fees for selling limited partnership interests in EB-5 deals. For the past several years, securities law violations have been part and...more
The recent attacks in Paris and San Bernardino are going to result in increased security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for potential...more