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As part of a continuing look at the EB-5 Regional Center Program, the Ranking Minority Member of the Senate Homeland Security and Governmental Affairs Committee has recently sent out letters to Regional Centers that have been designated by the Department of Homeland Security seeking information about the Center and the projects. Specifically, the letters request:

• Any approval from USCIS to participate in the EB-5 Program regarding the Regional Center and their business plan, including any subsequent recertification;
• The total amount of investment and number of individuals by country of origin making investments through the Regional Center since the regional center has been in operation;
• The name, address and a description of each business in which the Regional Center has made an investment of funds and the number of jobs created by each investment;
• Any fees charged to EB-5 applications or received by the Regional Center, including amount and description;
• A list of any current or former corporate officers of the Regional Center, including the title or position and dates of employment; and
• The name of address of any individual entity – either foreign or domestic – you or the Regional Center has an agreement with to provide legal, accounting, recruiting, or consulting services, as well as a description of the service provided.

It appears that the Senate Committee is continuing to investigate the Department of Homeland Security’s oversight of the EB-5 program. If you receive one of these letters, please reach out to your legal counsel for guidance on how to respond.

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Photo of Laura Foote Reiff‡ Laura Foote Reiff‡

Laura Foote Reiff is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies,

Laura Foote Reiff is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.