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Update on EB-5 Legislation

As April 28, 2017, approaches we are seeing the release of edits to proposed draft bills from the last session of Congress. Just today, Senator Patrick Leahy (D-VT) and Senator Charles Grassley (R-IA) circulated a staff draft very similar to what was circulated in December 2016. We do expect to see other drafts being circulated from other members of Congress and we will be working with all EB-5 stakeholders on a potential EB-5 compromise. It appears that the April 28 expiration of the program will be extended for a few weeks in the short-term (maybe as long as four weeks) as Congress works on other issues that need to be addressed to keep our government open and funded. As you know, the comment period for the proposed EB-5 regulations has been closed as of April 11.  It is possible that EB-5 legislation will be passed before the regulations are implemented.

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About this Author

Kristen W.  Ng, Greenberg Traurig, Business Immigration Lawyer
Associate

Kristen W. Ng focuses her practice on business immigration and compliance matters. She advises individuals and companies on a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases, citizenship issues (acquisition, retention and relinquishment) and investor cases (E-2 and EB-5). She communicates directly with clients, including HR managers, high-level executives, and employees to ensure comprehension of each respective immigration process and procedure and to collaboratively produce the best immigration strategy and approach for...

703.749.1300
Laura Foote Reiff, Greenberg Traurig, business immigration lawyer, foreign company legal counsel, immigrant compliance attorney, targeted employment law
Northern Virginia Co-Managing Shareholder; Co-Chair, Business Immigration & Compliance Practice; Co-Chair, Global Human Capital Solutions

Laura Foote Reiff focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 alien employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation. Laura publishes and frequently lectures on I-9 issues, including penalties for failure to act in accordance with government regulations, anti-discrimination laws and employers' responsibilities upon receiving social security "no-match" letters.

Laura represents many businesses in creating, managing and using "Regional Centers" that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying "targeted employment areas" and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

703-749-1372