Articles
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An Immigration Attorney’s Perspective: Why EB-5 Investors Cannot Just Buy a Green Card
Many people, including some legislators, have viewed EB-5 as a “cakewalk” with little scrutiny where wealthy investors simply queue up for a fast-track green card. Although this is far from true, their viewpoint is understandable if they have not experienced the process first-hand. Attorneys David Hirson and Winnie Ng walk through the entire investor scrutiny process for those of us who have not experienced this process for ourselves.
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An Interview with Immigration Consultant Thomas Kut
Immigration Consultant Thomas Kut spoke with EB5 Investors Magazine about his migration agency and how he evaluates projects.
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An Interview with David Brown
EB-5 investor David Brown spoke with EB5 Investors Magazine about the process he went through to immigrate using the EB-5 program.
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Understanding Loan Documents in EB-5 Project Financing
Well-planned financing documents are critical in protecting investors’ interests and should not be treated as an after-thought or perfunctory post-offering step to put the EB-5 funds into the job creating enterprise (“JCE”) borrower.
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The Pros and Cons of EB-5’s Future: An Interpretation of The Drafted Policy Memo for Public Comments Issued by USCIS on August 10, 2015
By Linda Lau On August 23, 2014, the U.S. State Department announced there would be no increase on the per-country cap on Chinese investors for the EB-5 visas in the current fiscal year. This was
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Relocation Services Offer Immigrant Investors Peace of Mind
Relocation services can help immigrant investors cope with issues of culture shock, large purchases and new social systems after moving to the United States.
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Let’s Get the Truth Straight: Correcting Common Misconceptions about EB-5
The EB-5 program is a highly effective job creation engine and delivers many economic benefits to the U.S. economy at no expense to the taxpayer. However the program’s rapid growth has prompted increased public attention on EB-5, and misinformation abounds. Unfortunately, misconceptions about the EB-5 program damage its reputation and undermine its positive impacts.
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“You’re Chasing Rainbows in Vietnam” The Stunning Growth of EB-5 in Vietnam
The time for diversification in EB-5 is now, and Vietnam is rapidly rising as second in place behind China in the league table of EB-5 investors.
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EB-5 in Brazil
Brazil is seeing increased interest in EB-5, and knowing how to reach the culture and business climate is essential for developing and marketing EB-5 in the emerging market.
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Avoiding the Inadvertent Investment Company
This article explores what it takes to be dubbed an “investment company” under the 1940 Act, and provide an overview of some of the common methods for avoiding inadvertent status as an investment company.
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Why the Definition of “Capital” for the Purposes of the EB-5 Program Should be Broad
The definition of “capital” is an important distinction, and the subject of a recent written guidance issued from USCIS – important to understand for any EB-5 professional.
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EB-5’s Status Quo Extension: A Regional Center Perspective
A regional center director looks at the proposed legislation in 2015, and gives recommendations for regional centers moving into the extension.
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Amendments and Effective Changes to the EB-5 Regional Center Program Delayed for Consideration until September 30, 2016
EB-5 immigration attorney Enrique Gonzalez explains the considerations on the table for the EB-5 Regional Center Program leading up to the new September 30, 2016 extension deadline.
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Misappropriations Fraud Detection and Deterrence
It is hard to miss the numerous news articles and SEC actions citing cautionary tales of EB-5 gone wrong. Allegations have revolved around misappropriation of funds, centering on diverting funds for other uses. The question that informed EB-5 practitioners are left with is who will be the antagonist in the next account of fraud? Will your firm be caught in the collateral damage zone, through association or client selections?
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Pre-Immigration Tax Planning
With proper planning, U.S. income and estate taxation of wealthy immigrants can be significantly minimized.
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Prevailing Against the Notice of Intent to Terminate
Each year USCIS-designated regional centers are required to report their activity by submitting the Supplement to Form I-924 (“I-924A”) as a means of providing annual reporting to USCIS. Attorney Christian Triantaphyllis provides practical guidance to consider in a response.
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An Open Letter to USCIS From a Practicing EB-5 Economist on USCIS Guidance to Economic Inputs for Job Creation Studies
An EB-5 economist, Scott Barnhart, PhD, writes an open letter to USCIS following issues discussed in the June 4, 2015 stakeholder call, specifically addressing allowable project construction and pro-forma income budget items for EB-5 economic job creation modeling.
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Basic Do’s and Don’ts When Marketing to the Middle East and South Asia
Marketing to the middle east and south asia can be a far different undertaking than marketing EB-5 in China. As new markets emerge in these regions, read for tips on cultural considerations and best practices to keep in mind.
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A Secondary Liquidity Market Could Benefit EB-5
A secondary liquidity market for EB-5 is emerging as a solution to issues common to investors and the entire EB-5 community.
