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What laws govern EB-5

Details: The EB-5 program is governed by laws found in the Immigration and Nationality Act, regulations found in Code of Federal Regulations and the policies the USCIS Directors found in the official policy memorandum, issued a couple of months ago in 2013. The policy memo sets out many important interpretations of the laws and regulations which will be

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When do EB-5 applicants become subject to U.S. laws and

Details: You are subject to other U.S. laws, federal, state and local laws, such as criminal, traffic and other municipal ordinances, whenever you are in the United States regardless of your green card status. Thus, if you are in the United States visiting prior to applying …

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What securities laws apply to EB-5 investors recruiting

Details: What securities laws apply to EB-5 investors recruiting other applicants? My husband and I plan to apply for an EB-5 investor visa and at the same time attract other EB-5 investors for a real estate project. We have one project in Seattle and another in Portland. Are EB-5 investors allowed to recruit other EB-5 investors for a direct EB-5 project?

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What are the legal requirements of becoming an "EB-5 …

Details: You need to check out lots of things SEC rules on giving advice unless you are a licensed broker, state laws on an agency, etc. Fredrick W Voigtmann Immigration Attorney. Answered on February 6, 2018. EB-5 investments have been held to be securities offerings and therefore, are subject to SEC rules regarding broker/dealers and investment

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What qualifies as lawful source of funds documentation for

Details: Yes, if this sale was lawful under the laws of the country under which the sale occurred, this is likely a lawful source of funds. You may need to document the legality of the sale by providing the sales contract, and relevant taxes and laws.

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What are regional center regulations on finding EB-5

Details: The immigration laws and regulations do not specifically address your question. Christian Schmidt Immigration Attorney. Answered on May 30, 2013. Regional Centers typically charge a syndication fee in addition to the required investment. Diana Levy Immigration Attorney. Answered on May 30, 2013.

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Is it legal for EB-5 Regional Centers to list their

Details: This is a good question, with a more complicated answer than you may realize. Prior to the passage of the JOBS Act earlier this year, in order to qualify for the Regulation D exemption, an issuer (like a Regional Center or its affiliate) could not conduct any general solicitation or advertising regarding its current offering, including advertising about its current project.

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What licenses are required to operate an EB-5 regional

Details: Questions and Answers > EB-5 Capital Fundraising What licenses are required to operate an EB-5 regional center? I would like to confirm to what extent the SEC requires registration of a regional center in general, on individual projects, and/or of individuals.

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How will the changing EB-5 regulations affect removal of

Details: The changes being considered in the proposed legislation, if ever they become laws, will not affect existing any pre-existing card holders like you. Generally, a new law does not usually have any retroactive application and the same thing would apply to you and other similar cardholders.

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How do the SEC Enforcement Actions Against Persons

Details: By Catherine DeBono Holmes. On December 7, 2015, the U.S. Securities and Exchange Commission (SEC), the U.S. federal agency that administers the U.S. federal securities laws, announced a series of settlement orders against six lawyers across the U.S., one resident of China who formerly resided in the U.S., and one enforcement action against another U.S. attorney, all of whom were …

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A Guide for Advertising EB-5

Details: Securities laws prohibit advertising of offerings if relying on an exemption that requires no public offering be made, such as Rule 506(b). When merely describing a past project, there is no offering of securities being made, however, it is always good practice to notify the public that past results are not indicative of future results.

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Shedding new light on SEC Enforcement: EB-5 Investments as

Details: The securities laws define a “broker” as “any person engaged in the business of effecting transactions in securities for the account of others.” Federal courts often analyze the factors developed in SEC v. Hansen, 1984 WL 2414, at *10 (S.D.N.Y. Apr. 6, 1984) when determining whether someone is acting as a broker.

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SLS: Fee Disclosures and Securities Liability

Details: The SEC laws, rules and regulations are complicated, but ultimately, they are designed to protect investors by attempting to ensure that offering documents contain full and fair disclosure and that brokers and others that have a “stake” in the sale of securities in exchange for a commission or fee both meet certain educational requirements

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Can a Minor Child File an EB-5 Petition

Details: Similarly, the authors, although not competent to advise on matters of the laws of the People’s Republic of China, have been informed that legal confirmation of guardianship of a minor may be obtained pursuant to Articles 12, 14 and 16 of the General Rules of the Civil Law of the People’s Republic of China, and it may be helpful for the offeror to verify that such confirmation has been

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What is the minimum age requirement for EB-5 investors

Details: Answered on March 16, 2015. While there are no immigration laws or rules regarding a minimum age for an EB-5 investor, basic contract law requires that the signor be 18 years old. Otherwise, the contracts might be subject to rescission. Therefore, any regional center or direct EB-5 project developer will want you to be at least 18 years old.

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Visa Backlogs and Redeployment of EB-5 Investor Funds

Details: By Mariza McKee and Robert Ahrenholz. Visa backlogs result from more people applying for a visa in a particular category or country than there are visas available. 1 The drawn-out timeframe for completion of the EB-5 immigration process, from Form I-526 filing to Form I-829 adjudication, continues to create new problems for regional centers and project sponsors as the queue of EB-5 investors

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How can I use my U.S. income as source of funds for EB-5

Details: The funds you earned in the United States in violation of U.S. laws likely will never be considered lawful for EB-5 purposes, even if those funds were transferred back to your home country. The transfer does not change the ultimate source of the funds, which was unlawful.

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What are Regulation S and Regulation D

Details: The securities laws allow the EB-5 project (the Issuer) to make a public offering (without specific registrations, under Regulation D to the potential investors located in the United States and to the potential investors outside the United States under Regulation S.

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Q&A on SEC and USCIS Joint Investor Alert Regarding EB-5

Details: The use of EB-5 for larger, syndicated, third-party managed investments is relatively new, and securities laws were not enforced in the program until recently. Accordingly, past “successes” in EB-5 are not necessarily indicative of quality or reliability.

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What requirements are there for accounts which hold EB-5

Details: This type of inquiry should be thoroughly discussed with your EB-5 attorney. Also, be on notice that EB-5 regulations and assortment of banking and securities laws may affect EB-5 investor funds. Consult an EB-5 attorney on these myriad of issues you raised and other legal guidelines that may affect you.

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How can I prove the source of funds for money earned

Details: Advisably, consult attorney with international laws or someone with deep understanding of Grenadian laws. Julia Roussinova Immigration Attorney. Answered on June 11, 2019. Offshore companies do have certain registration records. You should also be able to provide transaction records, bank account records or statements, and trace funds.

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Litigation Attorneys

Details: These laws are administered by the SEC. The SEC, for example, may enforce civil or criminal liability on individuals who improperly enter into broker-dealer relationships. An EB-5 litigation attorney may defend investment advisers, issuers, brokers, attorneys, and others if they are facing actions involving potential violations of federal

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How do I document inherited money

Details: The laws governing inheritance in Saudi Arabia, which is within the general jurisdiction of the Sharia courts, should be the first thing to consult. Particularly in your case, one would need to look back to what exist 7 years ago when your father passed away. In fact, …

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How does the U.S. state where an EB-5 investment is made

Details: The United States presently recognizes same-sex marriage for purposes of federal immigration benefits, but it must be a legal marriage based on your home country’s laws or a U.S. state where same-sex marriage is recognized to obtain this immigration benefit for your partner.

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What is the source of funds requirement for gifts

Details: It is also very important that tax laws of the country where the gifting takes place are adhered to and documentation is shown to support this. Adjudicators of the EB5 petitions are on the lookout for these documents to ascertain that this was, in fact, a true gift.

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Who can transfer the funds to the EB-5 regional center

Details: Your actions must comply with the laws, regulations and policies that cover the EB-5 program. Julia Roussinova Immigration Attorney. Answered on April 1, 2016. You must demonstrate the lawful source of funds and possession of funds through all stages of transfers. It is highly recommended that you retain an EB-5 immigration attorney in the

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How could my previous immigration history impact my

Details: The answer to this question depends on several factors including whether you have contravened the immigration laws of any country, overstayed a visa, etc. The UK authorities also look at the intention to reside in the UK as a factor, so a person who moves frequently may attract extra scrutiny during the application processing stage/interview.

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Can foreign attorneys accept commissions from regional

Details: Generally speaking, receiving referral fees from a regional center raises a number of ethical questions and other questions under U.S. Securities laws. Receiving referral fees in the United States can clearly be in violation of U.S. securities law, unless you are a registered broker-dealer.

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How can I use EB-5 investment to expand my licensed

Details: We strongly recommend that you not seek permanent residency through an EB-5 investment into the cannabis business. While same may be completely legal under the laws of California, it is still not legal under the laws of the United States and you could well be found to be excludable from same.

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What are the differences between an advance parole and a

Details: At the present time, under the current immigration laws, there is no travel document (other than a valid U.S. nonimmigrant visa) that would allow an EB-5 investor with a pending I-526 petition to regularly travel to and from the United States. Mitch Wexler Immigration Attorney. Answered on …

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Ignacio Donoso – EB-5 Immigration Attorney in Bethesda, MD

Details: About Ignacio Donoso. Attorney Ignacio A. Donoso is an EB-5 immigration attorney and managing member at I.A. Donoso & Associates, LLC, located in Bethesda, Md. Attorney Donoso practices law in the areas of nationality and consular laws, as well as U.S. immigration law.

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2020 Virtual EB-5 Expo

Details: The Event Host provides no legal advice concerning compliance with securities laws by Attendees at its conferences and events. By entering this event you expressly release, and agree to indemnify, defend and hold harmless, Event Host and its shareholders, officers, directors, employees, agents, independent contractors and representatives from

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How can we prove the source for funds from bitcoin

Details: Questions and Answers > EB-5 Investments How can we prove the source for funds from bitcoin investment for our EB-5 application? We were planning to apply for an E-2 or EB-5 visa by the end of this month, but we have questions on how to prove the source of investment funds.

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Robert Perkins – EB-5 Immigration Attorney in Culver City

Details: He explains the laws as simply as he can and provides an educational video to his clients so they fully understand the laws that affect them. Furthermore, he educates other people through his articles in newspapers, magazines, and other publications.

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How will two pending immigration petition impact

Details: There should be no negative influence, unless it''s determined to be a fraudulent marriage done with the intent to evade the immigration laws. Marriage to a U.S. citizen adjustment case usually takes less than one year to adjudicate.

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Cyprus Permanent Residency and Citizenship

Details: The permanent residency scheme allows the investor to include their spouse, parents, in-laws, and minor children as dependents, as well as unmarried, financially dependent children aged 18-25. Investors applying for citizenship, however, are eligible to have their spouse and children up to age 28 (in certain circumstances) naturalized.

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Southern California's EB-5 Conference

Details: "EB5Investors.com's Southern California EB-5 Conference was the best EB-5 conference I attended this year, and uniquely offered its participants an opportunity to interface with Chairman Lamar Smith and provide him with our perspective on critical issues within the EB-5 program to be considered by USCIS as well as legislators on Capitol Hill."

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2014 Southern California EB-5 Conference

Details: EB5investors.com provides no legal advice concerning compliance with securities laws by attendees, exhibitors and speakers at its conferences and events. Past Conferences. EB-5 & Uglobal Immigration Expo Mexico, 2021 Virtual EB-5 & Uglobal Immigration Expo Global RCBI Markets & South America

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Julia Roussinova – EB-5 Immigration Attorney in Bellevue

Details: Julia Roussinova is an EB-5 immigration attorney at IBRLAW GROUP, PLLC, located in Bellevue, Wash. She has extensive experience handling intricate immigration matters before U.S. Citizenship and Immigration Services, the U.S. Department of Labor, the U.S. Department of State, and other government agencies and courts.

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Jing Feng, Attorney at Law – EB-5 Immigration Attorney in

Details: Feng earned Bachelor of Laws degree from Zhongnan University of Economics and Law. In the U.S., she earned her Master of Laws degree at St. John's University School of Law. During this time, Feng interned for Judge Elizabeth S. Stong in the United States Bankruptcy Court in the Eastern District of New York.

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Alexander Lebedinski – EB-5 Immigration Attorney in Troy

Details: Alexander Lebedinski is an EB-5 immigration attorney practicing at the law firm of Giarmarco, Mullins & Horton, P.C., located in Troy, Mich. Attorney Lebedinski focuses on immigration, business transaction, healthcare, corporate, and international law. He has represented domestic clients and international clients from Ukraine, Russia, Germany

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Qingqing Miao – EB-5 Immigration Attorney in Seattle, WA

Details: Attorney Miao represents EB-5 investors and practices immigration and business laws. Attorney Miao helps her immigration clients understand the complexities of the U.S. immigration laws. Her bilingual skills and multi-cultural background have proven to be extremely valuable in assisting her clients.

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Top 25 Attorneys 2019: Top 25 Immigration Attorneys

Details: Rohit Turkhud has been practicing the U.S. immigration and nationality laws since 1985. From mid-1994, he has specialized in employment-based immigration. Turkhud has served in senior executive positions at IT companies and has been a partner at an immigration law firm. He joined Fakhoury Global Immigration in 2012.

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Joy Zhang – EB-5 Immigration Attorney in New York, NY

Details: Additionally, the legal team is familiar with Chinese laws and works closely with law firms in China. The firm has a comprehensive website, both in English and Chinese. As an immigration lawyer, attorney Zhang has years of experience helping individuals, families, and even businesses navigate strict U.S. immigration laws.

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Daniel McCarthy – EB-5 Immigration Attorney in San Antonio

Details: Attorney McCarthy’s responsibilities included ensuring adherence to all student visa program laws, both by the individual and by the institution. Attorney McCarthy was the Exchange Visitor Program’s representative and worked with the Office of International Programs to coordinate staff and visa activities.

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Randall Sidlosca – EB-5 Immigration Attorney in Coral

Details: Sidlosca also helps employers maintain compliance with a variety of immigration laws and regulations, and has developed compliance programs and performed I-9 audits. Sidlosca’s immigration practice includes representation of individuals in family immigration, exclusion, and deportation, as well as U.S. investments and tax matters.

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2013 Southern California's EB-5 Conference

Details: Summary of the 2013 Southern California EB-5 Conference. Thank you to all sponsors, speakers, and attendees of the Second Annual Southern California EB-5 Conference. Back again at the beautiful Balboa Bay Club & Resort in sunny Newport, California, this year's conference once again drew the House Judiciary Chairman as well as the most prominent EB-5 experts, stakeholders, and industry …

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Mark Li – EB-5 Immigration Attorney in El Monte, CA

Details: Attorney Mark Xiangru Li is an EB-5 immigration attorney and one of the co-founders of the Law Offices of Li & Associates, a law firm based in El Monte, Calif. that concentrates its practice on U.S. immigration law. Attorney Li, as the co-founder, heads and leads the firm in handling various areas of naturalization and U.S. immigration laws.

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