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On October 15th, the Immigrant Investor Program Office (IIPO) posted the Average Processing Times for I-526, I-829, and I-924 petitions as of August 31, 2015. I-526 Immigrant Petition by Alien Entrepreneur: 13.8 months I-829 Petition by Entrepreneur to Remove Conditions: 15.5 months I-924 Application for Regional Center Under the Immigrant Investor Pilot Program: 12.3 months  For the most up-to-date average processing …

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New Form I-829 Petition The USCIS uploaded a new Form I-829 Petition to their website. The newly uploaded petition is the 05/07/15 edition. USCIS will accept editions dated 3/11/13 or earlier only until 8/14/15. Note: Starting on 8/15/15, the USCIS will only accept the newly released 05/07/15 edition of the Form I-829 Petition. EB-5 Investment Coalition (EB-5IC) Report The EB-5 …

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New EB-5 Bill Introduced On June 3rd, Charles Grassley (R-Iowa) and Patrick Leahy (D-Vermont) introduced S.1501 (American Job Creation and Investment Promotion Reform Act of 2015). This newly introduced EB-5 bill, co-sponsored by two influential senators, appears to currently have the strongest chance of passage. EB-5 Stakeholder Engagement On June 4th, the USCIS held an EB-5 Stakeholder Engagement with economists. …

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Website Securities Compliance On May 7th, Catherine DeBono Holmes, Esq. and Victor T. Shum, Esq. released an interesting article titled The Basic Rules of Website Advertising for EB-5 Securities Offerings. This article is an important read for all Regional Center managers to help ensure continued website compliance with U.S. securities laws. A Roadmap to the Use of EB-5 Capital (NYU) …

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EB-5 Retrogression  The National Law Review posted an article stating that “the EB-5 China immigrant visa category will retrogress beginning May 2015.” This information was obtained directly from Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State. It is important to note that EB-5 retrogression will only impact those individuals born in mainland …

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Mayorkas on the Hot Seat For the month of March, the majority of EB-5 related news revolved around a report released by the Department of Homeland Security’s (DHS) Inspector General. The EB-5 related report focused on three separate cases, involving major Democrats, in which Alejandro Mayorkas “created an appearance of favoritism and special access.” For more information, we invite you …

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February proved to be a relatively quiet month in the world of EB-5. Bloomberg Article On February 13th, Bloomberg published an article titled SEC to Target Deals Giving Visas to Rich Foreign Investors. The article, citing people familiar with the matter, states that the SEC is preparing sanctions against as many as two-dozen immigration attorneys. “The most recent SEC foray …

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The commencement of the Republican-controlled 114th Congress may mean serious trouble for the EB-5 program. On January 8, 2015, Senator Chuck Grassley (R-Iowa) became the first non-lawyer to be elected Chairman of the influential Senate Judiciary Committee, replacing EB-5 proponent Senator Patrick Leahy (D-Vermont).[1] Over the past few years, Senator Chuck Grassley (R-Iowa) has been one of the most vocal …

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We received a couple of emails yesterday questioning the impact of the new visa agreement between the U.S. and China on the EB-5 industry. For those that have not yet heard, starting today (November 12th), China and the U.S. have agreed to begin granting each other’s citizens longer business, tourism and education visa terms. The White House has said that …

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This past Tuesday, Republican Mike Rounds defeated Democrat Rick Weiland in the South Dakota Senate race. Rounds, the former governor of South Dakota, has remained in the spotlight throughout the entire election process for his involvement in mismanagement of the EB-5 program in South Dakota. During Rounds’ administration, the state of South Dakota offered green cards to foreign investors in …

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Over the past month we have received a few questions about the use and structure of EB-5 intercreditor agreements. Therefore, we have decided that this topic warrants a public post instead of individual responses. An intercreditor agreement is broadly defined as an agreement between one or more creditors who have shared interests in a particular borrower. This agreement is used …

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Late last month, a federal grand jury brought criminal charges against Anshoo Sethi.1 The indictment, charging Mr. Sethi with eight counts of wire fraud and two counts of making false statements, brings with it the potential for a lengthy prison sentence. The maximum sentence, if convicted, would be 20 years for each of the fraud counts and an additional 10 …