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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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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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 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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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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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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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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The 2016 August Visa Bulletin was released on July 11, 2016. The update for the EB-5 Visa category reveals news for China. The U.S. Department of State Bureau of Consular Affairs has decided not to make any changes on the application cutoff date for mainland born Chinese applicants. The cutoff date for China will remain…
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The investor holds the money, which means that, although it often does not feel like it, each investor has the power in his or her transactions with regional centers and developers, at least at the onset. Today, there are far more EB-5 projects than could be financed given the limitation on visas available in the…
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Independent Due Diligence in the EB-5 Industry For Regional Centers & Immigrant Investors Many in the EB-5 industry and those who follow investment news closely have heard about the SEC’s investigation and civil complaint against Jay Peak, a Vermont ski resort. Jay Peak relied heavily on EB-5 immigrant investors to finance its development. The allegations are simply…
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