It was just a few years ago that any court case involving EB-5 and securities law was notable and worthy of an article, but those days are long past. Since the end of EB-5’s age of innocence (or more correctly put, days of unchecked wayward behavior) the number of actions involving EB-5 and securities fraud […]

©2021 Matt Gordon I was recently asked to help out on a case where an EB-5 investor’s I-526 petition was denied, because USCIS claimed the option of the investor to redeem a portion of her investment in the form of realty violated the long-standing precedent of Matter of Izummi, 22 I. & N. Dec. 169 (Assoc. Comm. […]

By Matt Gordon ©2021 On June 22, 2021, Judge Jacqueline Scott Corley of the US District Court Northern District of California granted summary judgement to the plaintiff Behring Regional Center in BEHRING REGIONAL CENTER LLC, v. Chad Wolf (Case No. 20-cv-09263-JSC) vacating the final rule promulgated by the Department of Homeland Security in July 2019 […]

Many Indian citizens who have lived and worked in the United States under H1(b) and are now awaiting lawful permanent residency (Green Card) through EB-2 or EB-3 have been stuck in immigration purgatory that, like the purgatory from Dante’s inferno, will never end. The current priority date for Indians is July and October 2009. For […]

The E-2 visa is an investor treaty-based visa.  It is a non-immigrant visa that allows the applicant to live in the US to manage his or her investment in the United States.  The applicant’s spouse can receive an EAD (employment authorization document) and the children (if foreign born) can attend school.  As noted above, the […]

Mrs. L was a Chinese national living in the US on a student visa with her small child, who was a US citizen. Her husband was in China, having been denied the issuance of his L-1 visa, even after approval of the petition by USCIS. There was no reason for the denial and even the […]

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 […]

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 […]

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 […]

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 […]