LexisNexis® Legal Newsroom
Expert: Despite Backlogs, EB-5 Investor Visa Program a 'Four-Way Win'

"For the first time in its 24-year history, an immigration program that grants visas to foreigners who invest at least half a million dollars in a U.S. business has nearly run out of visas for the fiscal year—largely because of unprecedented demand from Chinese applicants. ... The increased...

Impact of EB-5 Retrogression on the Regional Center Loan Model: Cyrus D. Mehta

"The China EB-5 retrogression will result in other unique problems not experienced in other immigrant visa preference categories. Most EB-5 regional center investments are based on a loan rather than an equity model . EB-5 investors invest into the new commercial enterprise (NCE) of a regional center...

Expert: EB-5 Investor Visa Cap Won't Deter Chinese

"This summer, the State Department announced that it was on track to meet its limit of 10,000 EB-5 visas and promptly stopped issuing the visas to Chinese investors until Oct. 1. But the pause is unlikely to dissuade Chinese visa seekers, experts said. “The increased popularity of the EB-5...

EB-5 Stakeholder Engagement, Dec. 5, 2014

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement session on Friday, Dec. 5, from 1 to 3:00 p.m. Eastern to discuss the Immigrant Investor Program." - USCIS, Nov. 3, 2014 .

EB-5 Stakeholder Engagement on Dec. 5, 2014 - USCIS

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement session on Friday, Dec. 5, from 1 to 3:00 p.m. Eastern to discuss the Immigrant Investor Program. This engagement is part of our efforts to enhance dialogue with external stakeholders regarding...

LexisNexis Expert: Congress Should Revisit EB-5 Requirements

"In the United States, the investor-visa program called EB-5 has been so popular that it has hit its cap of 10,000 visas this year, for the first time since 1990. The program awards visas to foreigners willing to invest at least $500,000 in approved projects. An investor who can show that a project...

EB-5 Predictions for 2015, the Year of the Goat - Bernard Wolfsdorf

"February 19, 2015 marks the beginning of the Chinese New Year. This will be the Year of the Goat, an animal known for its determination, elegance and good nature. The goat is also known to worry too much and while others impose on it, it is stronger than it seems and prevails in harsh conditions...

Expert: EB-5 Funding for Projects Akin to Rubik's Cube

"City Manager Tom Hart understands that Grand Prairie’s newly planned entertainment venue sounds as improbable as it is ambitious. “With our name, you don’t think about alpine skiing,” he said. “You don’t wake up in the morning and think you’re going to...

EB-5 Hot Topics: China, Retrogression and More - Bernard Wolfsdorf

"Two events have recently impacted the popular EB-5 program and many are anxious to understand their impact. The Chinese economy has slowed from a dizzying double digit annual GDP growth rate, down to about 7.5% and, as a result, real estate prices have slowed. In addition, the anti-corruption campaign...

China EB-5 Cut-off Update: May 2015 or June 2015 - That is the Question?

"The Department of State April Visa Bulletin has now clearly stated that, “The establishment of [the China EB-5 cut-off] date can be expected no later than June [2015]”. Item D of the February 2015 Visa Bulletin advised that the expected increase in demand would require the establishment...

LexisNexis Investor Visa Expert: Real Estate the "Most Common EB-5 Project"

"Experts in the EB-5 program say it’s become common for former politicians, their relatives and other celebrities to trade on their names, because foreign investors — especially those from cultures like China in which business and politics are deeply intertwined — believe that...

Ex-NBA Player, Others Want $45M EB-5 Suit Axed - Law360

"Former NBA forward Theo Ratliff and various entertainment-related companies urged a Georgia federal judge on Friday to toss a $45 million lawsuit brought by a Georgia-based production studio alleging that it was pushed out of a lucrative funding opportunity with the EB-5 immigrant investor program...

State Department on EB-5 Cutoff Date, CSPA

Visa Office Attendance at IIUSA 2015 EB-5 Regional Economic Advocacy Conference April 13, 2015 "With respect to the implementation of a visa cutoff date for the EB5 visa category, how may a visa applicant whose employment based immigrant visa petition or whose parent’s employment based...

Wolfsdorf Practice Advisory on EB-5, China Cutoff, CSPA, Age-Out

"Yesterday, I presented the panel discussion at the IIUSA meeting in Washington, D.C. with Charlie Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State. He announced the establishment of China EB-5 Cut-off date of May 1, 2013 . This China cut-off date will...

Wolfsdorf on China EB-5 Cutoff Date Problems; Apr. 22, 2015

On April 22, 2015 Bernard Wolfsdorf posted two pieces on his blog about China EB-5 cutoff date problems, here and here .

DHS Head Asks For Key Reforms of EB-5 Program

"U.S. Department of Homeland Security Secretary Jeh Johnson asked lawmakers this week to consider several key changes to the EB-5 immigrant investor program, according to a letter obtained by Law360, as the program is eyed for reauthorization before it expires this fall. In the letter to high...

Homeland Security Facing Suit Over EB-5 Investor Visa Denials

From Law360, May 5, 2015 - "American Logistics International LLC filed suit in D.C. federal court on Monday against the Department of Homeland Security, alleging that the agency has capriciously chosen to deny EB-5 investor visas to more than a dozen U.S. resident aliens. The Carson, California...

Expert: EB-5 Lawsuit Unusual

"A recent suit alleging that some EB-5 applications were improperly delayed based on a regional center's ties to Iran may be a harbinger of increased litigation over the program, spurred by growing scrutiny of the visa category and a policy landscape that is problematic for immigrant investors...

PBS Newshour Podcast on EB-5

"Millions each year apply for U.S. visas, hoping it will be the ticket to a better life. The process often takes years, and there are few guarantees of success. But what if you could buy your way to the front of the line? One visa allows investors willing to dish out half a million dollars a...

Want a Green Card? Invest in Real Estate

"For foreign investors who have the money, the [ EB-5 investor visa ] program can be an easy way to gain legal residency in the United States. In 2009, Yi Lin, 47, was working as a media executive in Shanghai when he began thinking of applying for a green card through the program. He spent two...

USCIS EB-5 Engagement on Thursday, June 4, 2015

" EB-5 Interactive Series: Expenses that are Includable (or Excludable) for Job Creation U.S. Citizenship and Immigration Services (USCIS) invites you to participate in the second engagement of the informational series “EB-5 Interactive” on Thursday, June 4, from 1 to 2:15 p.m. (Eastern...

EB-5 Class Action Lawsuit Filed: Zhang v. USCIS (Cash is Cash)

"This is a putative class action brought by immigrant investors who sought and were unlawfully denied the chance to immigrate to the United States pursuant to 8 U.S.C. § 1153(b)(5), known as the “Immigrant Investor Law” or “EB-5 Program.” ... Despite Plaintiffs’...

SEC Says Oil Co. Targeted EB-5 Investors In $68M Scheme - Law360

Law360, Los Angeles (July 6, 2015, 10:24 PM ET) -- "The U.S. Securities and Exchange Commission on Monday accused a Bay Area oil and gas company and its CEO of running a $68 million "Ponzi-like" scheme that targeted the Chinese-American community and Chinese nationals hoping to get a green...

SEC Charges EB-5 Fund Operators and Finders - Seyfarth Management Alert, July 13, 2015

"The Securities and Exchange Commission (the “Commission” or “SEC”) has become increasingly active in enforcing alleged violations of U.S. securities laws arising under the EB-5 Immigrant Investor visa program. EB-5 transactions — which are designed to result in the...

SEC Issues Cease and Desist Order To EB-5 Investment Companies: Matter of Ireeco

"]T]he U.S. Securities and Exchange Commission (SEC) issued a Cease and Desist Order ( the “Order” ) against two related companies for acting as unregistered broker-dealers in connection with the sale of securities under the “EB-5” Investor Program ( also sometimes referred...