© 2021 Matt Gordon Paraphrasing Mark Twain, the reports of the demise of the EB-5 program have been greatly exaggerated. It is true that on as of July 1, 2021, the Regional Center (pilot) program, enacted in the Immigration Act of 1993, lapsed; however, the EB-5 program itself, which was created by the Immigration Act […]
Of late, Indian nationals here on H1-B who have hoped and prayed from relief from immigration purgatory due to the extended delays to receive Green Cards may be disappointed in the end. While the Fairness for High-Skilled Immigrants Act Legislation to address their horrible plight has passed the US House of Representatives on July 10, […]
Last week Vermont Public Radio reported on its website that the Vermont Department of Financial Regulation suspended the Okemo Resort development project of its authority to solicit new investors. The full text of the article can be found here. The article reports that regulators are seeking changes to the project PPM as well as the escrow […]
By Matt Gordon ©2021 According to multiple news reports, in the coming days, the Biden administration will introduce major immigration legislation that is designed to create an eight-year path to citizenship for undocumented aliens already present in the United States. In one sense, that is a fine thing to do. It is absurd and dehumanizing […]
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 […]
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 […]