Published: July 25, 2017

Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk,” the authors of this updated White Paper have revised the original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment.

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Published: July 18, 2017

The phenomenon of escalating home buying and home prices continues in China. According to recent publications, the real estate sector now accounts for one-third of China’s GDP compared to 10% just a decade ago. Household debt has increased significantly during the last decade (now 42%). However, since it is only as a share of new loans, it is still far less than the 78% factor encountered in the United States. Home prices have dramatically risen in the major cities in China compared to other major cities in the world.

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Published: July 7, 2017

It seems as though the EB-5 Program is a moving target. First, we received notification in August of 2015 that loans could be repaid before I-829 final adjudication after the required jobs have been created, provided that funds were then deployed in an “at-risk” activity. Then the Policy Guidelines attempted with great difficulty of trying to clarify what “at-risk” means. One could argue that their examples and statements both directly and through footnotes created more confusion than clarification.

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Published: June 5, 2017

In the early afternoon of Friday, May 26th, IIUSA circulated its weekly report indicating the all-time high processing times, as stated below:

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Published: May 31, 2017

A very interesting letter from Senator Grassley to the Securities and Exchange Commission and U.S. Department of Homeland Security indicates he is tackling the Kushner EB-5 project marketing approach. You can read the full letter by clicking here.

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Published: May 25, 2017

I just returned from a week in China. Along with speaking at the EB-5 Investors Magazine’s 2017 EB-5 & Investment Immigration Expo, I had the opportunity to visit with many migration agents, as well as other professionals in the EB-5 industry. My impressions of the marketplace, particularly China, are as follows:

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Published: May 22, 2017

It is common knowledge the EB-5 investor program received extensions through September 30, 2017. Accordingly, until further changes happen, the existing program will remain in place. There are currently two (2) key bills that have been presented. One is the Grassley Bill, which is a modification of the old Senate 1501 Bill proposed back in June of 2015 by Senators Grassley and Leahy. The active call “American Job Creation and Investment Promotion Reformat to 2017.” The other bill was proposed by Senator Cornyn of Texas, which has also been submitted in the Senate.

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Published: February 21, 2017

The EB-5 investment community is now facing a new challenge, as many of the more seasoned EB-5 investment projects begin to mature and the original investment capital is returned by the project owner to the new commercial enterprise. USCIS has clearly stated its policy that EB-5 investment capital is required to remain “at risk” in the new commercial enterprise until each EB-5 investor’s I-829 petition is adjudicated. However, USCIS has provided no guidance on what requirements that new investment is required to meet, other than that it must meet the definition of “at risk.”

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Published: February 14, 2017

USCIS recently published a statistics report on the impact of the EB-5 Program for the fiscal years 2012 and 2013 (downloadable on the Economics and Statistics Administration's website by clicking here). Furthermore, IIUSA has published statistics on various performance factors concerning the EB-5 Program. Both are summarized below, since the results are quite interesting.

USCIS Report

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Published: January 30, 2017

Following the December 9, 2016 extension of the EB-5 Regional Center Program until April 28, 2017, there have been additional developments from an administrative, legislative and practical standpoint. Needless to say, the Program remains in limbo as to where it will end up and at what point in time legislation will be passed, especially considering the advent of a new administration and Congress. There could be final legislation current as of the April 28, 2017 deadline.

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