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Category: EB5 Investment

EB-5 Fraud Courtroom

Fraud on Investors in EB-5 Investments: Caveat Emptor! Part 2

Examples of EB-5 Visa Fraud The Chicago Convention Center The first example is one of the most egregious to date, and one of the most well-known.  It is a case in which from the outset, the developer was likely set upon easy money and fraud.  More importantly, the fraud could have easily been found and…
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EB-5 Fraud Courtroom

Fraud on Investors in EB-5 Investments: Caveat Emptor! Part 1

Each industry faces issues with fraud.  Where there is an opportunity to obtain money with minimal effort, someone will inevitably take that chance.  The EB-5 industry is no different.  Several high-profile fraud cases have been taking up the lion’s share of EB-5 press for the past couple of years.  While these instances are attractive for…
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statue of liberty EB-5 immigration

How to Obtain a United States Investment Visa

Since Oppenhuizen Law entered the EB-5 space almost two years ago, we have been asked by many contacts for a description of EB-5, because many people have not heard of the program.  So, we decided to provide a broad view of what EB-5 looks like.  Of course, we invite direct questions in relation to this…
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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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Minors as investors: Asian teenage girl reading in a math class.

Minors as Investors in EB-5 Immigration

Can a minor be the investor for EB-5 immigration purposes, and if so, should he or she be?   The question posed is one of the hardest questions to answer in the EB-5 Industry today and is also one of the hottest topics under discussion.  My response is not intended to be comprehensive and presumes…
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