Immigration

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Just in time for the holidays! If you've ever wanted to understand how EB-5 visas worked from the potential investor's standpoint, but was torn between (a) websites repeating the same canned information over and over again and (b) $200 treatises that probably had more information than you wanted to know, this is the perfect book [...]

The Pre-Approved EB-5 Project Exemplar EB-5 projects are also known as “pre-approved” projects. When an investor makes the decision to invest in a Regional Center EB-5 project, she files an I-526 petition. If the Regional Center project is raising $20 million dollars in a TEA (and they are almost always in a TEA), 40 investors [...]

The Mortgage Observer has an EB-5 article in it this month titled EB-5 Funding On Rise, Long Arm of Law Watchful. I was quoted in it being ever bullish about EB-5s, of course. In case you are too busy to read the article here's the part where I say: “To say that you can’t do [...]

a/k/a Not Putting All Your Eggs in One Basket. I’ve been asked some variation of the following question from investors looking to create a Direct EB-5 venture a number of times: “Can I create two companies, for example, a trucking company and a software company, invest $1 million or $500,000 depending on the location of [...]

I had said in last month’s newsletter that I would discuss the BEA (Bureau of Economic Analysis)’s announcement that it would be discontinuing RIMS II at the end of this year. But I don’t think we can discuss that without discussing how exactly “indirect” jobs are counted. Please remember that the only difference between a [...]

(Background information for EB-5 beginners: In many EB-5 deals the investors’ funds are placed into an escrow account until the I-526s are approved. With I-526 approvals taking well over a year this is causing a big gap in project financing schedules. As a result, many EB-5 project developers take out interim financing (or bridge loans) [...]

The SEC has finally issued regulations implementing the portion of the JOBS Act (Jumpstart Our Business Startups Act), enacted more than a year ago, allowing an issuer enjoying exemption from registration under Rule 506 of Regulation D under the Securities Act of 1933 to engage in general solicitation and advertising. What does this mean for EB-5? […]

On June 27, 2013 the Senate successfully passed S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act.” Read the AILA/AIC section-by-section summary of the bill that was passed in the Senate. At this point, as explained in more detail in this Washington Post blog post, nobody really knows what the House is going to [...]

After a very lengthy process, the USCIS finally issued its final EB-5 Adjudications Policy Memorandum on May 30, 2013. The full text of the new policy memo can be found here. Policy memos in the context of immigration are like instruction manuals for the officers that review the filings. While the statutes and regulations provide [...]