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Author: James Oppenhuizen

new years goals for business owners

New Year Goals For Business Owners

Planning season is well underway.  Those of us who own and operate businesses are looking at the year that has now nearly ended, at our successes and failures, at how we spent our time productively and unproductively, and at our goals met and those we did not meet.  We look at all of these things…
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impact investing

Quick Start Guide To Impact Investing

Most impact investing occurs with exclusively the world’s wealthiest people. However, it’s not impossible for everyone else (98% of the population) who do not fit the criteria with this type of investing. What is impact investing? This relatively new term, “impact investing” is still not even commonly known by many professional investors. What it refers…
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the road to becoming a b-corporation

The Road to Becoming a B-Corporation

In our last blog on the Rise of B-Corporations, we discussed the foundational constructs of the B-corp model. There was a brief explanation included on the path to becoming a B-Corporation, but for this blog let’s dive into the specifics of that path. We already know there are three parts to becoming a B-Corporation: Completing…
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The Rise of the B-Corporation in Modern Business

Business has the ability to impact more than just its shareholders, it can (and should) take responsibility for its surrounding environment. B-Corporations are the best example of a company that has taken on this social and environmental responsibility through a unique business model. Considered publicly transparent, B-Corporations are a trending movement in the economic realm.…
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eb-5 bankruptcy

Managing the Process of Bankruptcy with EB-5

Obtaining exit financing can be a difficult piece of the puzzle for chapter 11 corporate debtors. In fact, in a closely held company, the inability of equity security holders to retain their securities in light of the absolute priority rule in bankruptcy without finding new investors, can be a death knell to a reorganization from…
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Franchisors in the EB-5 market industry

Franchisors in the EB-5 Market

Franchisors looking for a new market in which to sell their franchises have a hidden opportunity with EB-5 investor visas, especially in the direct EB-5 market.  The news surrounding EB-5 investor visas has been closely tied to the Regional Center Pilot Program, and has focused on a few cases of fraud, antifraud and integrity measures,…
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Jay Peak Receivership scandal with a briefcase full of money.

Jay Peak Receivership: Effective Defense of Fraudulent Transfer Actions

  Immigration lawyers who practice in the EB-5 industry need to be aware that the Jay Peak receivership litigation is substantially more than just a black eye for the industry, and a problem for the investors who invested in the latest tranches of Jay Peak projects.  While those in the latest tranches lost their investments…
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President Obama signed the Continuing Resolution

EB-5 Regional Center Program Extended Until December 9, 2016

Continuing Resolution President Obama signed the Continuing Resolution (CR) on September 29th, continuing the EB-5 program at least until December 6th, 2016, with no substantive changes to the law. If you aren’t familiar with the CR, it is a short-term plan by Congress in order to keep the government open. This included programs funded by…
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Direct investment from international investors with franchises can be used to acquire green cards.

Direct Investment Vs. Regional Center Investment

In the EB-5 world, most of the focus has been on the sunset of the Regional Center Pilot Program, which is set for September 30, 2016.  It is almost certain that the program will be extended through the passage of a Continuing Resolution, as part of the budget process, but its long-term survival is a…
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Congress debates on the reauthorization of the EB-5 program.

Reauthorization of EB-5 Investor Visas in 2016

The Regional Center Pilot Program portion of EB-5 investor visa program is currently set to expire by the end of the fiscal year in September. The lucrative program where foreign nationals can achieve green card status in the United States after investing significant funds into economically struggling US areas has raised some concern within Congress.…
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