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EB-5 Insights Where Government Policies and Business Realities Converge

Monthly Archives: April 2012

Posted in Immigrant Investor, Securities Law

It is well settled that loans (even if just a single loan) are securities under the Investment Company Act of 1940 (“ICA”) and that the definition of “security” under the ICA is much broader than that definition under the Securities Act of 1933 and the Securities and Exchange Act of 1934. Aside from treatises and… Continue Reading

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

During the EB-5 conversation with Director Mayorkas today, he indicated that the USCIS is reconsidering the promise they made almost a year ago to introduce Premium Processing for regional center designation applications with shovel ready projects. During a call that was supposed to focus on the tenant occupancy issue, Director Mayorkas indicated that the Service… Continue Reading

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

Last week, I travelled to the Bahamas to speak at the American Immigration Lawyers Association’s EB-5 conference.  Without a doubt, USCIS’ change in position regarding the ability of regional centers to count jobs generated from tenants was a concern for many stakeholders in attendance and was addressed during numerous conference panels.  The new stance on the tenant occupancy economic methodology has… Continue Reading

Posted in EB-5 Program, Regional Center, Speaking Engagement

USAdvisors presents: Overseas Funding Conference Finding Balance between The EB-5 Regional Center Program, Foreign direct investment and Business Realities May 16-17, 2012 9:00 a.m. – 5:00 p.m. Greenberg Traurig, LLP MetLife Building 200 Park Avenue | 15th Floor | New York City Live from NYC, by webinar in other locations Visit Greenberg Traurig’s EB5 Blog… Continue Reading

Posted in Securities Law

 The Jobs Act is intended to make it easier for smaller companies to raise public and private capital in the U.S. financial markets. Among the most significant provisions in the Jobs Act are the repeal of the prohibition on general solicitation for certain private offerings, the creation of a new category of issuers called “emerging growth companies” that… Continue Reading

Posted in Immigrant Investor

Today the U.S. Department of State issued a press release announcing the implementation of new visa processing fees that will become effective beginning April 13, 2012.  Because of a reallocation in costs associated with immigrant visas, all categories of immigrant visa fees will decrease.  As our readers know, having an approved EB-5 is just the first step… Continue Reading