LexisNexis® Legal Newsroom
The Practical Implications of the "JOBS" Act for EB-5 Practice

On March 22, 2012 Washington, DC, "Jumpstart Our Business Startups" (JOBS) Act was passed by the Senate, following its passage on March 8, 2012 by the House of Representatives. The purpose of the said legislation is to ease the regulatory burden on small companies for raising capital...

Country Specific Issues in EB-5 Practice – China

The People's Republic of China is one country that EB-5 practitioners and related EB5 professionals cannot afford to neglect. The top 5 countries [1] in 2012, for EB-5 alien entrepreneurs are: China, South Korea, Taiwan (region), Iran and Venezuela. Chinese investors account for an overwhelming...

Construction Jobs Count in EB-5 Projects: Can We Count the Jobs with Confidence?

For the more seasoned EB-5 practitioner, memories of when construction jobs could not be counted towards the job creation requirement remain vivid. While it is true that the some construction jobs may now be counted, with the plethora of real estate projects being introduced and managed by Regional...

EB-5 Practice under the JOBS Act

Since the Jumpstart Our Business Startups Act (JOBS Act) was passed by Congress this past April, the EB-5 community has waited in anticipation for the Securities Exchange Commission (SEC) to revise its rul es to remove the prohibition on general solicitation and general advertising under Regulation...

EB-5 Practice under SEC Proposed Rules to Implement the JOBS Act

Regional Centers [1] lawfully raise capital within the EB-5 Program [2] pursuant to one or more exemptions from registration set forth in the United States securities laws. The most commonly utilized exemptions in EB-5 offerings are Regulation D (the Private Placement exemption) and Regulation S...

New Leadership in China and EB-5 Practice

The seven-member Politburo Standing Committee in China greeted the world in the Great Hall of the People on November 15, 2012 in Beijing. What does the new leadership in China mean to EB-5 practice? Most believe it is too early to tell. However, a few welcoming changes have already taken place. ...

SEC Delays Rules on Key EB-5 Section in JOBS Act

When the JOBS Act was enacted in April 2012, it raised a significant amount of excitement in the EB-5 community. At the time, there was a general consensus that the Act could change the landscape of EB-5 private offerings. However, the Securities and Exchange Commission's (SECs) indefinite delay...

How the ACCC Scandal has Disturbed the EB-5 Market in China – Current Market Trends and Updates

Introduction: On February 6, 2013, the Securities and Exchange Commission (SEC) charged the EB-5 project A Chicago Convention Center (ACCC) and its principal Anshoo R. Sethi with securities fraud. The project was marketed primarily in China, with great pomp and fanfare. It offered 499 limited...

EB-5 Stand-Alone Petitions and EB-5 Regional Center Petitions: Which One Makes Sense for My Project?

An EB-5 investment can take one of two forms. The investor can invest in a free-standing project, often termed as "the stand-alone EB-5"/ "Direct EB-5" or the investor can make his/ her investment through a "regional center", which is an economic unit, public or private...

SEC Lifted Ban on General Solicitation: What Does it Mean in EB-5 Practice?

On July 10, 2013, the Securities and Exchange Commission (SEC) adopted a new rule under the JOBS Act, which repeals the prohibition on general solicitation for private securities offerings relying on Rule 506 of Regulation D exemption. This is certainly exciting progress for the capital raise in EB...