LexisNexis® Legal Newsroom
USCIS EB-5 Draft Policy Memo for Comment: Aug. 10, 2015

"This policy memorandum (PM) builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period." - Draft PM-602-0121; Posted: 08-10-2015; Comment period...

SEC Granted TRO in Wa. EB-5 Regional Center Lawsuit: SEC v. Path America

Here is a link to a PDF combining the Complaint (pages 1-17) and the TRO (pages 18-27) issued Aug. 24, 2015 in SEC v. Path America, No. 2:15-cv-01350-JLR, W.D. Wa. Excerpts: "Since February 2012, defendants Lobsang Dargey; Path America, LLC; Path America SnoCo LLC; Path America Farmer’s...

How WIll New FINRA Rules Affect EB-5?

Payments to Unregistered Persons SEC Approves Consolidated FINRA Rules 2040 (Payments to Unregistered Persons) and 0190 (Effective Date of Revocation, Cancellation, Expulsion, Suspension or Resignation), and Amendments to FINRA Rule 8311 (Effect of a Suspension, Revocation, Cancellation, or Bar) ...

Expert: Congress Will Probably Renew EB-5 Investor Visa Program

Alana Semuels, The Atlantic, Sept. 21, 2015 - "Getting an EB-5 visa might get a little bit harder, though, depending on what Congress decides to do next. [ Cornell law professor and LexisNexis expert author Stephen] Yale-Loehr thinks there’s not enough time for Congress to make major changes...

Expert: 85% of EB-5 Investors from China

Rosalie Murphy, Desert Sun, Oct. 30, 2015 - " At least 85 percent of EB-5 investors come from China, according to Cornell University immigration law professor Stephen Yale-Loehr . Part of the appeal of immigrant investor programs such as EB-5, he explained, is that investors can secure visas not...

Expert: EB-5 Investor Visa Program a 'Four-Way Win'

Scott Kraus, Morning Call, Oct. 31, 2015 - "If it is done correctly it is a four-way win," said Yale-Loehr, who founded Invest In the USA, a trade association that promotes the EB-5 program. "We get new jobs for U.S. workers; No. 2, those jobs are at no expense to U.S. taxpayers; three...

Expert: Senator Feinstein's Call to End EB-5 Investor Visa Program Won't Get Support

Kathleen Pender, Nov. 4, 2015 - "Sen. Dianne Feinstein has called for an end to the controversial EB-5 regional center program that lets foreign nationals get green cards for themselves and their families if they invest at least $500,000 or $1 million in a U.S. business that creates or preserves...

SEC Announces EB-5 Enforcement Actions

SEC, Dec. 7, 2015 - "The Securities and Exchange Commission today announced a series of enforcement actions against lawyers across the country charged with offering EB-5 investments while not registered to act as brokers."

Steve Yale-Loehr on Trump, EB-5

LexisNexis immigration law expert author and Cornell law professor Steve Yale-Loehr is in the news regarding Donald Trump's Muslim ban proposal ( here and here ) and the EB-5 investor visa program ( here .)

Expert: Almost 90% of EB-5 Investors from China

China Daily, Mar. 9, 2016 - "Investors from China currently account for almost 90 percent of all EB-5 investors," Stephen Yale-Loehr, a law professor at Cornell University , told China Daily. ... Originally, few people immigrated to the U.S. using EB-5. As late as 2008, only 1,000 people a...

Expert: EB-5 Investor Visa Applications Surge

China Daily USA, Mar. 29, 2016 - "The EB-5 program received applications from 17,691 investors in 2015, up from 11,744 in 2014 and 6,554 in 2013, according to the US Citizenship and Immigration Services (USCIS). "(USCIS) announced last week that the number of EB-5 petitions currently pending...

SEC Case Freezes Assets of Ski Resort (Jay Peak) Steeped in Fraudulent EB-5 Offerings

SEC, Apr. 14, 2016 - "The Securities and Exchange Commission today announced fraud charges and an asset freeze against a Vermont-based ski resort and related businesses allegedly misusing millions of dollars raised through investments solicited under the EB-5 Immigrant Investor Program. The SEC’s...

LexisNexis Expert Author Stephen W. Yale-Loehr: Congress Should 'Mend, Not End' EB-5 Investor Visa Program

Cornell Law professor Stephen W. Yale-Loehr , co-author of the 'bible' of immigration law, Immigration Law & Procedure , recently commented on challenges to the EB-5 investor visa program: "Yale-Loehr acknowledged that there are opportunities for abuse, but he said oversight has improved...

Angelo A. Paparelli: All Checks but No Balances — The Systemic Failure to Protect EB-5 Investors

Angelo A. Paparelli, June 24, 2016 - "Several widely-publicized actions by the Securities Exchange Commission (SEC), and the inevitable litigation that has piled on in consequence, have pressure-tested the EB-5 ecosystem and found it defective. Simply stated, the system too likely and too often...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

Wolfsdorf on Minors as Primary EB-5 Applicants

Bernard P. Wolfsdorf , Esq. and Joseph M. Barnett, Esq., June 27, 2016 - "This article should be read together with the blog co-authored with Catherine DeBono Holmes , Esquire, a top securities Lawyer, “ Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment...

Groups Urge EB-5 Investor Visa Program Reform - Letter to Congress

IIUSA, U.S. Chamber of Commerce, Real Estate Roundtable, EB-5 Investment Coalition, and American Immigration Lawyers Association, July 5, 2016 - "IIUSA joined leading EB-5 trade associations/coalitions ( U.S. Chamber of Commerce , Real Estate Roundtable , EB-5 Investment Coalition , and American...

Updates on Minors as Primary EB-5 Applicants, Part 2: Practical Steps (Wolfsdorf, Aug. 4, 2016)

Updates on Minors as Primary EB-5 Applicants, Part 2 : Practical Steps; Bernard P. Wolfsdorf, Esq., Joseph M. Barnett, Esq., and Vivian Zhu, Esq., Aug. 4, 2016 - "This is no longer a hypothetical issue. Due to the Chinese EB-5 backlog, some Regional Centers and projects have begun accepting minors...

What Does the October 2016 Visa Bulletin Mean for EB-5s? - Wolfsdorf

Bernard P. Wolfsdorf, Robert J. Blanco, and Joseph M. Barnett, Sept. 9, 2016 - "In the next few days, USCIS will announce whether applicants may file an application to adjust status in the U.S. if their Priority Date is current according to the later cut-off date listed in Date for Filing-Chart...

GAO on EB-5: Progress Made to Detect and Prevent Fraud, but Additional Actions Could Further Agency Efforts

GAO, Sept. 13, 2016 - "GAO recommends that USCIS develop a fraud risk profile that aligns with leading practices identified in GAO's Fraud Risk Framework. The Department of Homeland Security concurred with GAO's recommendation."

Expert: Congress May Not Have Time to Change EB-5 Investor Visa Rules - Cornell Law Prof. Stephen W. Yale-Loehr (Law360)

Allissa Wickham, Law360, Sept. 16, 2016 - "“I think that there is serious concern about the EB-5 program, and people want to make reforms. But I think that people realize that it's too much to expect that Congress can make those reforms by Sept. 30,” said Steve Yale-Loehr , an attorney...

Experts Analyze Goodlatte EB-5 Reform Bill

Carolyn S. Lee, Stephen Yale-Loehr, and Nicolai Hinrichsen, September 13, 2016 - "We provided an initial analysis and a section-by-section summary of a draft EB-5 reform bill released late on Friday, September 9, 2016, by U.S. Representative Bob Goodlatte, chair of the House Judiciary Committee...

Expert: Temporary Extension Expected for EB-5 Investor Visa Program

Paul Welitzkin, China Daily USA, Sept. 26, 2016 - "The EB-5 investor immigrant program that is popular with Chinese is expected to get a temporary extension when Congress acts on legislation to fund the operation of the US government until Dec. 9. Stephen Yale-Loehr, an attorney and Cornell University...

DOS on Conrad State 30, SR and EB-5 Visa Program Extensions (Oct. 5, 2016)

UNCLASSIFIED 16 STATE 109718, OCT 05, 2016 - "President Obama signed a 10-week stopgap continuing resolution into law on September 29, 2016 that included the extension of three visa authorizations. The extension of these visa programs will expire on December 9, 2016. The three visa programs are...

USCIS Nov. 30, 2016 EB-5 Policy Alert

USCIS, Nov. 30, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the eligibility requirements for regional centers and immigrant investors."