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Category Archives: EB-5 Project

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Posted in EB-5 Investment, EB-5 Project, I-526, I-924, Regional Center, USCIS

One of the purposes of Form I-924 is to file an exemplar for a specific EB-5 investment project. In so doing, a Regional Center seeks a preliminary determination of EB-5 compliance for a project prior to the commencement of I-526 filings by individual investors so as to have greater assurance that investors will not encounter… Continue Reading

Posted in EB-5 Investment, EB-5 Project, Securities Law

Yesterday, the U.S. Securities and Exchange Commission (SEC) ordered a US-based foreign finder operation to cease and desist from operation as an unlicensed broker-dealer.  The charges are some of the first against brokers handling investments in the EB-5 Immigrant Investor Program and follow earlier SEC actions against fraudulent EB-5 offerings. According to the SEC’s order,… Continue Reading

Posted in EB-5 Investment, EB-5 Program, EB-5 Project

Greenberg Traurig attorney, Kate Kalmykov, was recently featured in The Real Deal article, EB-5: Who’s after China?, discussing new EB-5 investors in other countries. Attorney Kate Kalmykov flew to China every other month last year to drum up EB-5 business. This year, her travel schedule includes new stops in countries including Vietnam, Brazil, Mexico and… Continue Reading

Posted in EB-5 Investment, EB-5 Job Creation, EB-5 Program, EB-5 Project

Myth 1:  Buy a Green Card – The EB-5 program was established to help high-net-worth individuals buy a green card. Fact:  The EB-5 program is a highly regulated employment-based permanent residence application that takes years to complete.  The initial application requires detailed proof of investment in a qualified project.  It also requires evidence of an… Continue Reading

Posted in EB-5 Program, EB-5 Project, I-924, Uncategorized

USCIS recently reported faster processing times of I-924 Applications for Regional Center Designation and the number of approved regional centers are currently at an all-time high, and both factors correlate to more I-924 Applications being submitted to and processed by USCIS than ever before. As a result, we have noticed certain trends that have developed… Continue Reading

Posted in EB-5 Business Plan, EB-5 Job Creation, EB-5 Program, EB-5 Project, I-526, I-924

In a welcome bit of news for the EB-5 industry, USCIS released updated processing times dated as of April 30, 2014 which show USCIS is processing I-924 applications in approximately 4.4 months. Earlier this year, the processing of I-924 applications was moved to the new Immigrant Investor Program Office (IIPO) in Washington D.C. The new… Continue Reading

Posted in EB-5 Investment, EB-5 Program, EB-5 Project, Immigrant Investor, Regional Center

Investment in an EB-5 Regional Center is a pathway to United States citizenship that is increasing in popularity. This illustration outlines the avenues, benchmarks and time frames – from selecting a regional center to acquiring citizenship – that are important to understand when considering an EB-5 Regional Center Investment as an option for immigration.

Posted in EB-5 Program, EB-5 Project, USCIS

For investors seeking lawful permanent residence through the EB-5 program, the first step in the process is to file Form I-526, Immigration Petition for Alien Entrepreneur, together with accompanying evidence in support of the program’s requirements with USCIS.  USCIS evaluates and adjudicates I‑526 petitions by reviewing these criteria: 1. A New Commercial Enterprise Has Been… Continue Reading

Posted in Comprehensive Immigration Reform, EB-5 Project

Senator Leahy’s Amendment 2 to the Comprehensive Immigration Reform Bill, S. 744 provides that, at the I-829 stage, there is a presumption that 10 indirect jobs have been created per investor if the I-829 petition evidence demonstrates that the investor’s money has been spent in the regional center’s project.  This is significantly different than the… Continue Reading

Posted in EB-5 Investment, EB-5 Program, EB-5 Project, Regional Center

We are often asked by regional center clients if there is any way to speed up the EB-5 application process, either at the I-526 stage or the I-924 stage.  USCIS will expedite either Form I-924 or Form I-526 if the application meets the USCIS “expedite criteria.”  The expedite criteria are: Severe financial loss to a… Continue Reading

Posted in Comprehensive Immigration Reform, EB-5 Investment, EB-5 Job Creation, EB-5 Program, EB-5 Project, Immigrant Investor, Immigrant Visa, Regional Center

GT attorney Kate Kalmykov was recently quoted in Miami Today’s article “Senate pushes EB5 visa’s limits.” The article discusses the proposed changes to the EB-5 immigrant investor program which are part of the comprehensive immigration reform bill, as well as City of Miami’s EB-5 regional center application.

Posted in EB-5 Project, Regional Center, Speaking Engagement, Uncategorized

  2013 National EB-5 Finance Seminar Tour New York City Wednesday, April 10, 2013 8:30 AM to 9:00 AM – Registration 9:00 AM to 4:30 PM – Program Advanced & Practical In-Depth EB-5 Finance Workshop Artisan Business Group will partner with the international law firm Greenberg Traurig LLP for the 9-city 2013 National EB-5 Finance Seminar… Continue Reading

Posted in EB-5 Program, EB-5 Project, Marketing

On August 29, the Securities and Exchange Commission proposed amendments to Rule 506 of Regulation D, as promulgated under the Securities Act of 1933, to implement Section 201(a)(1) of the Jumpstart Our Business Startups (JOBS) Act, which would eliminate the prohibition against general solicitation and general advertising as it applies to offers and sales of… Continue Reading

Posted in EB-5 Business Plan, EB-5 Program, EB-5 Project, Non-Regional Center, Regional Center

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 the  EB-5… Continue Reading

Posted in EB-5 Program, EB-5 Project, Non-Regional Center, Regional Center

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 individual completing… Continue Reading

Posted in EB-5 Program, EB-5 Project, Inspector General, Regional Center

As we reported last week, on April 27, 2012, USCIS Director Mayorkas hosted a Conversation engagement with the EB-5 community on the tenant-occupancy economic model. During the call the Director remained firm that the USCIS had not changed its policy with respect to the use of the economic model. He explained that the new guidance… Continue Reading

Posted in EB-5 Investment, EB-5 Program, EB-5 Project, Econometric Report, Regional Center

 As we reported a few weeks back, USCIS has changed their policy with respect to the tenant occupancy method of calculating job creation.  In recent weeks, they have issued a number of Requests for Evidence (RFE) associated with I-924 petitions for either initial regional center designation or project amendment that rely on “tenant occupancy” to… Continue Reading

Posted in EB-5 Program, EB-5 Project, Immigrant Investor, Regional Center

We are often called in to speak to developers, private equity funds and other organizations that have an interest in having one or more projects adopted by a regional center. For many companies it often does not make sense to seek their own regional center designation for a variety factors including the time and cost… Continue Reading