Published: February 21, 2017

The EB-5 investment community is now facing a new challenge, as many of the more seasoned EB-5 investment projects begin to mature and the original investment capital is returned by the project owner to the new commercial enterprise. USCIS has clearly stated its policy that EB-5 investment capital is required to remain “at risk” in the new commercial enterprise until each EB-5 investor’s I-829 petition is adjudicated. However, USCIS has provided no guidance on what requirements that new investment is required to meet, other than that it must meet the definition of “at risk.”

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Published: February 14, 2017

USCIS recently published a statistics report on the impact of the EB-5 Program for the fiscal years 2012 and 2013 (downloadable on the Economics and Statistics Administration's website by clicking here). Furthermore, IIUSA has published statistics on various performance factors concerning the EB-5 Program. Both are summarized below, since the results are quite interesting.

USCIS Report

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Published: January 30, 2017

Following the December 9, 2016 extension of the EB-5 Regional Center Program until April 28, 2017, there have been additional developments from an administrative, legislative and practical standpoint. Needless to say, the Program remains in limbo as to where it will end up and at what point in time legislation will be passed, especially considering the advent of a new administration and Congress. There could be final legislation current as of the April 28, 2017 deadline.

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Published: October 20, 2016

At the October 2016 IIUSA Conference, I was on a distinguished panel of practitioners discussing the topic of redeployment issues.

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Published: September 29, 2016

I had the privilege of attending the New York Economic Club Dinner on September 20, 2016, for Premier Li Keqiang of the People’s Republic of China. The Premier held this position since March of 2013 and has been very active in the Chinese government since the 1990s. He was extremely engaging and articulate in his speech and responsive to the questions posed to him. This blog summarizes some of the key points he raised involving U.S./American trade and the economic issues, as well as the current economic climate in China.

Investment and Regulations

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Published: September 23, 2016

There has been a lot of recent discussion on an investment by a minor and how it is treated by USCIS, in addition to the corporate issues related. The key factors to be considered are the following:

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Published: September 19, 2016

The City of Miami Regional Center held a regular presentation on “The Present and Future of the EB-5 Regional Center Program.” The uniqueness of the program involved the presentation of certain public/private partnership transactions being considered which were quite unique and exciting. These projects included the following:

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Published: August 1, 2016

This is a follow-up to the USCIS Stakeholder Engagement held in Miami, Florida on July 28.

In attendance from USCIS were the following personnel:

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Published: July 27, 2016

It has become quite obvious that the early release mechanism for escrowed funds is becoming the norm and not an exception. The whole concept of early release arose at the end of 2011 when it became apparent that USCIS was not going to undertake premium processing for I-526 Petitions. I was one of the initial architects of the early release concept when it became obvious the developers could not wait one and half to two years to receive funds after I-526 approval given the substantial time delays in receiving adjudication.

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Published: July 13, 2016

I have always been a big proponent of loan administration as a key component of EB-5 best practices. It is essential for the integrity of the Program, given the fact that most EB-5 capital is deployed in a loan model, that the loan transaction more closely resembles a traditional loan, in order to protect the EB-5 lending company and its investors in the same manner that a lender would protect itself in a traditional loan transaction.

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