Non-Regional Center

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Congress’s stated purpose in allowing EB-5 investment in USCIS-approved regional centers was to promote “economic growth,…improved regional productivity, job creation, and increased domestic capital investment.”[1] Regional centers have admirably risen to this objective, providing rich sources of capital investment for a variety of projects across the nation. Particularly in the current economic climate where capital…

 

The American Immigration Lawyers Association released helpful tips for EB-5 petitions for Korean nationals:

Foreign Currency Wire Issue: There is a specific foreign currency provision under South Korean law allowing EB-5 investors to wire funds for investment based on documentary evidence that the person will be able to immigrate under the EB-5 investor category. This

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2013 National EB-5 Finance Seminar Tour
with Greenberg Traurig (Dallas, TX)Hosted by Artisan Business Group, Inc.

ADVANCED & PRACTICAL IN-DEPTH EB-5
Finance Workshop

International law firm Greenberg Traurig LLP will partner with Artisan Business Group, Inc. for the 2013 National EB-5 Finance Seminar Tour. The 8-city

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  1. Currency Restrictions: Chinese currency laws generally restrict its citizens’ exchanges for U.S. dollars to $50,000 per person per year. This makes it nearly impossible for investors residing in China to legally transfer sufficient funds to make EB-5 investments on their own. Thus Chinese investors commonly take a “friends and family” approach to making the

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Many regional centers form limited partnerships or other pooled investment vehicles known as new commercial enterprises in EB-5 terminology to raise capital for project companies seeking to use the regional center’s designation granted by the USCIS.  These regional centers may be motivated by keeping the identity of their migration agents confidential or simply by the desire to generate a greater economic return for its principals by paying investors a preferred return of 2% while charging the project companies 5% interest, thereby making the spread.  Whatever the reason, the repeated formation of pooled investment vehicles to provide financing to project companies may constitute capital raising (i.e., effecting transactions in securities) for the account of others which requires registration as a broker-dealer under Section 15(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).Continue Reading The Inadvertent Broker-Dealer: Using EB-5 New Commercial Enterprises to Raise Capital for Project Companies

In 1998, the Administrative Appeals Office (“AAO”) issued a precedent decision known as Matter of Ho that set forth the requirements of an EB-5 compliant business plan.  According to Matter of Ho, as part of an I-526 petition an EB-5 investor must submit a comprehensive business plan demonstrating the following elements:

  • A description of

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In the following message publicized today by the USCIS, Director Alejandro Mayorkas announced the creation of a new EB-5 Program office, as well as the implementation of a special review board this month to oversee pending cases that have been recommended for a denial.

I am pleased to announce that U.S. Citizenship and Immigration Services…

Federal immigration laws require employers to verify the identity and work eligibility of their new hires by completing what is known as a Form I-9, Employment Eligibility Verification, for every employee. Forms I-9 must be completed for every new hire within his/her three days of employment. During the I-9 process, employees must present to the…