On June 27, 2024, Northern Rockies Regional Center, LLC received a “Notice of Intent to Terminate” from the United States Citizen and Immigration Services (USCIS) due to the non-payment of its 2024 EB-5 Integrity Fund fee by December 30, 2023. On July 15, Northern Rockies sued, claiming the notice violated the 2022 Reform and Integrity
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Understanding the Differences Between EB-5 Direct Investment and Regional Center Investment
The EB-5 Immigrant Investor Program offers foreign nationals a pathway to U.S. residency through investment. Through the program, there are two investment options: direct investment and regional center investment. Both pathways aim to stimulate the U.S. economy through job creation, but they differ in their structure and requirements.
EB-5 Direct Investment
In a direct EB-5…
Investment Adviser Registration: Is there a state that is optimal for registration purposes?
At times, people ask me whether there is one state in particular that is optimal for investment adviser registration purposes. I am quick to point out that the requirement to register an investment adviser in a certain state depends on whether the investment adviser maintains its principal office and place of business (“popb”) in the…
Why registered investment advisers should avoid outsourcing their CCO.
Over the past few years, I have been asked a handful of times whether a registered investment adviser may outsource the role of the Chief Compliance Officer. While there are compliance firms that offer such a service, I personally discourage registered investment advisers from outsourcing their CCO.
Rule 206(4)-7 (the “Compliance Rule”) under the Investment…
Compliance Reminder: Preparing the Annual Updating Amendment.
Each year, registered investment advisers and exempt reporting advisers are required to draft their annual updating amendment and file it within 90 days of their fiscal year end, which in most cases is March 31st.
Responses to all items must be updated, and failure to file the annual amendment can lead to revocation of the…
Custody Considerations For Registered Investment Advisers.
[The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this site may not constitute the most up-to-date legal or other information.]
Investment advisers are responsible for filing Form ADV Part…
SEC Risk Alert Describes How Firms Are Selected For Examination
On September 6th, the U.S. Securities and Exchange Commission issued a Risk Alert, providing investment advisers with information regarding the Division of Examination’s process by which they select advisers for examination. The Division also included an attachment that mirrors the Division’s typical initial request for documents and information.
The staff shared the following reasons…
EB-5 Investment: Immigration Attorney or Securities Counsel?
Investors seeking EB-5 status in the United States often turn to an attorney specializing in Immigration Law to draft the necessary petitions and disclosure documents. However, it is very important that the attorney also have an understanding of applicable securities laws. The EB-5 program allows eligible foreign investors and their immediate families to obtain U.S.…
Navigating U.S. capital markets in anticipation of an immigrant investor visa.
Investors who wish to acquire permanent residence in the United States may seek such status by applying to the United States Citizenship and Immigration Services agency (“USCIS”) for a foreign investor visa. The U.S. Congress created this immigrant visa category (EB-5) to benefit the U.S. economy by providing an incentive for foreign capital investment in…