Tomorrow, July 10th, the Securities and Exchange Commission will hold an Open Meeting at 10:00 a.m. at the SEC Headquarters Auditorium Room L-002 located at 100 F Street NE in Washington, D.C. to discuss the JOBS Act.

Subject matters include:

  • Consideration to adopt amendments to eliminate the prohibition against general solicitation and general advertising in certain securities offerings conducted pursuant to Rule 506 of Regulation D under the Securities Act and Rule 144A under the Securities Act.
  • Consideration to propose amendments to Regulation D, Form D and Rule 156 under the Securities Act, which are intended to enhance the Commission’s ability to evaluate changes in the market and to address the development of practices in Rule 506 offerings.
  • Consideration to adopt amendments that will disqualify securities offerings that involve “felons and other ‘bad actors’” from reliance on the exemption from Securities Act registration pursuant to Rule 506 as mandated by Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Once adopted, the rules will permit sponsors of EB-5 pooled investment vehicles to engage in general solicitation of investors and advertise their private offerings under certain terms and conditions, including a requirement that all purchasers in the offering are accredited investors. The sponsor must also take reasonable steps to verify that all investors are in fact accredited.

For more information about the meeting, contact The Office of the Secretary at (202) 551-5400 or click here.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.