EB-5 News

Federal appeals court overturns USCIS decision on EB-5 guaranteed redemption, establishes new definition of ‘at risk’

Posted by GCBI Team on September 18, 2020

The Klasko law firm successfully challenged a USCIS denial of EB-5 investments that included “put options” — the right of the investor to sell back their investment at a point in the future. This was the first federal court decision...

What the SEC’s broadened definition of ‘accredited investor’ means for EB-5

Posted by GCBI Team on September 18, 2020

Immigration lawyers Robert Divine and Kathleen Harrison have commented on the SEC’s expanded definition of “accredited investor.” A “spousal equivalent” who is not legally recognized is now included in the accredited investor definition. Further, the SEC has made it clear...

Auditor of Quiros EB-5 fraud: State of Vermont was in conflict from the start

Posted by GCBI Team on September 18, 2020

Vermont has begun an audit of the biggest EB-5 fraud case of all time — seeking to determine the state’s involvement. While the audit now must wait for the criminal case and investor lawsuit to wrap up before interviewing state...

Law firm and ex-partner sued by regional center for helping company officer launch rival business

Posted by GCBI Team on September 18, 2020

Law firm and ex-partner sued by regional center for helping company officer launch rival business Southern States Regional Center, based in Atlanta, is accusing its former corporate counsel, Nelson Mullins, and an ex-partner, Steve Park, of costing them “tens of...

White House Seeks Reauthorization of EB-5 Regional Center Program

Posted by GCBI Team on September 18, 2020

With a sunset date of September 30 approaching, the White House has requested reauthorization of the EB-5 Regional Center Program. Since 2015, the program has been extended by Continuing Resolutions for periods of a year or less.  See The National...

USCIS continues to extend response time for certain EB-5 notices and requests

Posted by GCBI Team on September 18, 2020

Due to the pandemic, the agency is continuing to give some petitioners an extra 60 days to respond to certain notices and requests including Requests for Evidence (RFE), Notices of Intent to Deny (NOID), and Notices of Intent to Terminate...

AILA & IIUSA oppose USCIS redeployment ‘clarification’

Posted by GCBI Team on September 1, 2020

The American Immigration Lawyers Association and IIUSA, the EB-5 national not-for-profit association, have issued a 30-page formal response to the recently published U.S. Citizenship and Immigration Services policy “clarification."  AILA and IIUSA staunchly oppose the policy and say it constitutes...

USCIS made mistake with investor denials, contradicted its ‘at risk’ definition: Federal appeals court

Posted by GCBI Team on September 1, 2020

A Washington court said the agency wrongly denied five Chinese investors, and wrongly applied its definition of “at risk.” The issue seemed to center on sell-back options for a nursing home project. The court ruled that because these options are...

USCIS avoids August 30 furlough of 70% of staff — but at a price

Posted by GCBI Team on September 1, 2020

The agency’s plan to furlough 13,400 staff members has been shelved, but at a steep price: “Averting this furlough comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can...

Florida judge allows EB-5 investor lawsuit against Harbourside developer Mastroianni to go forward

Posted by GCBI Team on September 1, 2020

Though Mastroianni tried to have what he labeled a  “sham suit” against him dismissed, a Florida judge thought otherwise; Chinese investors can move forward with their suit against the developer regarding a mixed-use commercial project in Jupiter, Florida. The investors...

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