Published: July 27, 2020

Following its landmark release of an EB-5 Policy Manual on June 14, 2017 (the Policy Manual), until July 24, 2020, the United States Citizenship and Immigration Services (USCIS) had only made some minor updates over the last three years. On July 20, 2020, however, USCIS, issued certain “clarifications” to the Policy Manual (the Policy Manual Update) that were welcome, jarring and downright unsupportable.

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Published: April 8, 2020

Needless to say, the COVID-19 pandemic ("Pandemic") has had a tremendous impact on the EB-5 world. We have included a sample that an EB-5 Issuer can adopt either for notifications to its EB-5 investors or for its offering documents. As a matter of practice, our Firm builds out similar language for each client notice and/or offering document supplement.  

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Published: March 3, 2020

The final OZ Regulations were issued by Treasury on December 20, 2019, of which there had been many comments related to the same. On the whole, it is generally believed that the Regulations have added a lot more certainty to the process and it is hopeful that there will be an increase in Opportunity Zone involvement going forward.

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Published: February 10, 2020

Last week, USCIS issued significant Policy Guidelines concerning its stipulated attempt to address fairness concerns with coordinating I-526 petition adjudications with U.S. State Department visa allocations. In its release, USCIS announced that starting March 31, 2020, it will change the adjudication process for Form I-526 Petitions from a first-in, first-out basis to a visa availability approach.

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Published: January 21, 2020

This blog shall provide a brief summary of the status of the pending lawsuit related to the New Regulations issued by USCIS and effective November 21, 2019, as well as a status report on pending legislation.

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Published: December 23, 2019

For the past 4 weeks, the EB-5 industry has been anxiously awaiting the status of the pending complaint filed in the United States District Court in the District of Columbia by a Florida regional center against USCIS and other related parties in order to block the enforceability of the New Regulations published by USCIS that became effective November 21, 2019 (the "New Regulations").

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