The recent attacks in Paris and San Bernardino are going to result in an increase in security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for...more
On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer...more
The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors...more
On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more
What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app...more
USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS...more
Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more
11/6/2015
/ Broker-Dealer ,
Disclosure Requirements ,
Due Diligence ,
EB-5 ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Investment ,
Foreign Nationals ,
Green Cards ,
Inducement ,
Investigations ,
Investor Visa Options ,
Lawful Permanent Residents ,
Private Placements ,
Reasonable Care ,
Regional Centers ,
Regulation D ,
Regulation S ,
Risk Mitigation ,
Rule 506 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Underwriting ,
USCIS
Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire on September 30, 2015 but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that...more
On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a...more
On July 14, 2015, the House Judiciary Committee met to discuss oversight of the United States Department of Homeland Security (DHS). Immigration was a major topic alongside border security and global threats of terrorism,...more
Created by the Immigration Act of 1990, the Immigrant Investor Program, more commonly referred to as the EB-5 program, offers foreign investors an opportunity to secure permanent residency in the United States by making a...more
7/8/2015
/ EB-5 ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Green Cards ,
Immigrant Investor Program ,
Immigration and Nationality Act ,
Investors ,
Job Creation ,
Lawful Permanent Residents ,
Legislative Agendas ,
Permanent Residence Cards ,
Proposed Legislation ,
Reauthorization ,
Regional Centers ,
Targeted Employment Area ,
USCIS ,
Visas
On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more
On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more
There is some interesting but overlooked news on the EB-5 front.
In a letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) confirmed that the suitability rule (Rule 2111)...more
9/17/2013
In an interpretive letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) interpreted the suitability requirements under Rule 2111 for recommendations to foreign nationals making...more
Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more
7/25/2013
/ Business Formation ,
Choice of Entity ,
EB-5 ,
Funding ,
Immigration and Nationality Act ,
Job Creation ,
Small Business ,
Small Business Formation ,
Startups ,
USCIS ,
Venture Capital
On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more
7/5/2013
/ Citizenship ,
Department of Homeland Security (DHS) ,
DOMA ,
Green Cards ,
Lawful Permanent Residents ,
Same-Sex Marriage ,
SCOTUS ,
US Department of State ,
US v Windsor ,
USCIS ,
Visas
The U.S. Supreme Court has ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”) is unconstitutional. The decision of the Court applies to same-sex couples who are legally married as defined by their...more
The Visa Bulletin for July 2013 shows continual movement forward for immigrant visas in the employment-based third preference (EB-3) category for all countries except India and the Philippines. ...more
As a follow-up to our Alerts of March 8, 2013 and May 6, 2013, this is a reminder that the revised Form I-9 must now be used by all U.S. employers for new hires. ...more
Earlier this month, U.S. Customs and Border Protection (CBP) launched an initiative to automate the issuance of Forms I-94, Arrival/Departure Records for travelers arriving by sea or air....more
Nearly one year ago, President Obama signed legislation that would add Israel to the list of countries eligible for E-2 nonimmigrant investor visas to the United States. The legislation would grant E-2 investor visas to...more
On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more
During today’s EB-5 Stakeholder’s Meeting, USCIS announced the creation of a new EB-5 Program Office in Washington, DC. The Chief of the new EB-5 Program Office will report to the Deputy Director of USCIS. This is a...more