Information Seminar - What does the new EB-5 regulation mean and how will it affect me and my investors?

Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC

As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an increase to the minimum investment amount to US$900,000 Targeted Employment Area (“TEA”) and in a Non-TEA to $1.8 million, there are still many issues that are not so clear or obvious. 

Join us for an informational seminar where we discuss such issues as:

‘1. What happens to my Project after November 21st? Will it still qualify in a TEA? Can the project obtain funding and complete the project? What happens to existing investors if it fails to do so?

2. What effect will this have on my existing investors who have already filed an I-526 Petition? What if my project changes its offering documents to allow for the increased investment amount?

3. The rush to file petitions before November 21st – what are the risks? Recent USCIS policy in denying incomplete petitions. 

4. Will this regulation actually take effect in November? What might happen between now and then to stop or delay it?

5. How to make sure your investor can qualify for the lower investment amount? What are the potential problems, e.g., timing of investment and using an escrow; is the project still in a TEA?

6. How does the regulation relate to the September 30th sunset of the Immigrant Investor Program?

7. What does it mean to “retain the Priority Date” of an earlier approved petition? Does my investor have to invest more money? At what amount? 

Many of the answers to these questions are not so clear and there are many other questions which have not even been asked. Join us for a discussion of these questions and answers from our experienced EB-5 lawyer David Enterline.

This event is unlimited registration, contact at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

EB-5 Modernization Regulation Pending Review At The Office Of Management And Budget

On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule, if and when it is finalized” and noted that DHS is considering other regulatory actions related to the EB-5 program, including seeking to propose regulations that may include changes to the process for initially designating entities as regional centers, a requirement for regional centers to utilize an exemplary filing process, continued participation requirements for maintaining regional center designation, and changes to the process for terminating regional center designations.

The final rule, first proposed on January 13, 2017, is still pending regulatory review at the Office of Management and Budget. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000 raise to US$1.35 million. We emphasize, as Director Cissna noted in his letter, there is no way to tell “if and when” the rule might be published and come into effect.