The New EB-5 Rule is Here – One Era Ends and a New Era Begins

An investor with whom I spoke recently accused the EB-5 industry of being the boy who cried wolf. Time and again we professed that the investment amount was going up only to have the day of reckoning never arrive. I reminded him that the parable ended with the wolf coming down the mountain to finally […]

A Recap of EB-5 Investment Financing Strategies – The Clock is Ticking Loudly

Thursday, June 27, the long awaited and oft delayed EB-5 regulations seemed to have been finally finalized and are on their way to publication with the resulting effectiveness to come at last. That seemed like a good reason to review EB-5 financing strategies as investors may need to pull out all the stops to get […]

In the Process Of – How to Effect an EB-5 Investment over Time

A frequently asked question by potential EB-5 investors is whether they have to invest the full minimum investment amount at once (of $500,000 if in a TEA-based project), or if they can invest over time. The typical answer is that the investor has to put the full amount of the investment into the subject company […]

EB-5 Funds Obtained From Unsecured Loans Now Legal Under Zhang

The recent Zhang decision (Zhang v USCIS Civil Action No. 2015-0995 (D.D.C. 2018) has the potential to greatly aid investors in financing investments that can qualify for the immigration benefits under the EB-5 program. A link to the text of the case can be found here. Prior to Zhang, USCIS imposed requirements on loans an investor […]

No Money Down EB-5

The financing of EB-5 investments (by the investors) continues to metamorphosize in the wake of the recent Zhang decision (Zhang v USCIS Civil Action No. 2015-0995 (D.D.C. 2018)). A link to the text of the case can be found here:…mo-opinion.pdf The Zhang decision clarifies the potential use of contributed indebtedness on the part of […]

Clouds of Uncertainty for EB-5 Regional Center I-829 Petitioners

The New Year brings us an EB-5 Regional Center Program in abeyance. According to the recently issued USCIS guidance for EB-5 Regional Centers and their investors (a copy of which can be found at this link:…gional-centers ), investors at the I-829 stage may suffer potentially dire consequences of the government shutdown. By way of background, the […]

A Slap on the Wrist is a Slap in the Market’s Face

There’s an old adage on Wall Street that says to get news of bad news out on Friday and good news on Monday, the logic being that after trading on Friday, the weekend will lessen the blow when trading resumes on Monday. It seems the SEC in its settlement with CMB on Friday, September 21 st, […]

Long Live Direct EB-5

© 2018 Matt Gordon As of 12:01am on January 20th, the EB-5 Regional Center program ceased to be in existence. It is important to note that the non-Regional Center or Direct EB-5 program is completely unaffected. This is because the Regional Center program (initially a pilot program for the vast majority of its existence) was […]

EB-5 Regulatory Update

The forces for change seem to finally be coming together to provoke real change in EB-5. After several short-term extensions to the Regional Center program, there is now the firm chance that key elements of the EB-5 program will be reformed in this current legislative cycle that ends on September 30, 2017. While the need […]

New Spending Bill Impacts Mexican Wall, Sanctuary Cities And EB-5 Investor Immigration – (citing The EB-5 Book)

Andy J. SemotiukContributor Policy I write about investor immigration and about Immigration issues. This article is more than 3 years old. Congress just reached an agreement to keep the federal government open for the remainder of the year in the form of the “Consolidated Appropriations Act, 2017. From an immigration point of view, three aspects of […]