Published: November 2, 2018

I just attended the combined AILA/IIUSA Conference in Chicago.  The low attendance reflected the general mood of the industry that there is significant pull back in EB-5 investments in various jurisdictions, especially in mainland China and Vietnam.  

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Published: May 23, 2018

Linked below is a letter submitted, a few weeks back, by IIUSA in support of the proposed rulemaking of USCIS to adopt regulations (the "Regulations") that will have a material impact on the EB-5 Program, including a list of recommendations to modify the Regulations to include, in part, the following modifications and/or considerations:  

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Published: May 2, 2018

IIUSA had its annual meeting in Washington, DC. The meeting focused a lot on the status of the industry, retrogression, new legislation and collective marketing efforts.

Charles Oppenheim, a key employee of USCIS, gave a presentation on the state of adjudications in the industry, and based upon questions asked by the audience, confirmed the following:

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Published: April 20, 2018

Now that Congress has provided a clean extension until September 30, 2018, there are several issues that need to be addressed and factors that need to be taken into account in connection with the overall EB-5 industry and its viability.

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Published: March 16, 2018

UPDATE: Based upon the recent blogs, industry information and public statements from EB-5 organizations, it seems very likely that there will be a clean extension of the current EB-5 program until September 30, 2018.

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Published: October 30, 2017

There have been significant movements in Congress to try to come up with a final compromise bill to resolve the impasse that has been in existence for the past two and one-half years (2½) years. It is difficult to predict when the new legislation will be finalized, but there seems to be a very strong sentiment that final legislation could be finalized by the end of this year, although there is an equal chance that the legislation will not be finalized until next year.

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Published: July 25, 2017

Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk,” the authors of this updated White Paper have revised the original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment.

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Published: July 18, 2017

The phenomenon of escalating home buying and home prices continues in China. According to recent publications, the real estate sector now accounts for one-third of China’s GDP compared to 10% just a decade ago. Household debt has increased significantly during the last decade (now 42%). However, since it is only as a share of new loans, it is still far less than the 78% factor encountered in the United States. Home prices have dramatically risen in the major cities in China compared to other major cities in the world.

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Published: July 7, 2017

It seems as though the EB-5 Program is a moving target. First, we received notification in August of 2015 that loans could be repaid before I-829 final adjudication after the required jobs have been created, provided that funds were then deployed in an “at-risk” activity. Then the Policy Guidelines attempted with great difficulty of trying to clarify what “at-risk” means. One could argue that their examples and statements both directly and through footnotes created more confusion than clarification.

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