Global Investment Voice

The current administration seems to be intentionally slowing down the adjudication process for EB-5. On this episode, Mona and Mark are joined by Brad Banias and Jon Wasden to discuss how they are leveraging litigation to address the egregious delays. Listen in for insight around what protects investors from government retaliation, how the USCIS funding mechanism is designed to support reasonable...

The new EB-5 regulations did, in fact, take effect on November 21st as planned. On this episode, Mona, Mark and Rebecca discuss the uncertainty in the program in a post-reg world and the lawsuit filed in response to the new rules. Listen in to understand what this litigation means for the EB-5 and how it might force Congress to take action around the proposed EB-5 legislation. Have a topic or ques...

Draft legislation around immigration is currently making its way through Congress. On this episode, Mona and Mark are joined by Tammy Fox-Isicoff to discuss how each of the proposed bills would impact EB-5. Listen in for Tammy’s insight on the downside of SB 386 and learn how the RELIEF Act eliminates backlog and keeps families together. Have a topic or question you would like covered on a future...

Mona and Rebecca have been busy with the upcoming deadline, but take some time to sit down with Mark to talk about Partial Investments. Have a topic or question you would like covered on a future episode of EB-5 Investment Voice? Let us know over at http://mshahlaw.com/contact-us/ or using the contact details below. Phone: 212-233-7473Email: info@mshahlaw.com To discover the show notes on this epi...

How will the new rules around Target Employment Areas (TEAs) impact the EB-5 program? On this episode, Mona and Mark are joined by Jeff Carr to explain the intent behind the changes to TEA designations and their potential unintended consequences. Listen in to understand how shifting the responsibility for determining TEA away from states to USCIS caseworkers will impact the program. Have a topic o...

What should EB-5 investors be looking for in a last-minute project? On this episode, Mona and Mark are joined by MSA attorneys Rebecca Singh and Hermione Krumm to explain the importance of track record, project location and proper oversight. Listen in for insight on how to avoid skeletal filings and learn what makes for a compliant operating agreement. Have a topic or question you would like cover...

We can all agree that the landscape of EB-5 will look a lot different after November 21st. On this episode, Mona and Mark are joined by Sam Udani to discuss his vision of the post-reg EB-5 world. Listen in for Sam’s take on pending EB-5 legislation and the changing profile of projects and investors in light of the new regs. Have a topic or question you would like covered on a future episode of EB-...

What should EB-5 investor-applicants be thinking about when it comes to Source of Funds? On this episode, Mona and Mark are joined by MSA attorneys Rebecca Singh, Hermione Krumm, and Shagufta Shaikh to discuss the challenges around filing with multiple sources and the rules regarding loans and gifts. Listen in for insight on navigating currency restrictions and learn how to proceed in light of the...

This is our first in a series of episodes where we analyze various exit plan options and what affects them. What should EB-5 investors look for in a PPM to ensure they’ll eventually get their money back? On this episode, Mona and Mark are joined by Ronald Fieldstone to discuss potential delays in capital repayment and the differences between the loan and preferred equity models. Listen in for insi...

As an industry, real estate technology is experiencing exponential growth. On this episode, Mona, Mark, and Hermione are joined by Umesh Harigopal to discuss his startup in the space, PropMix. Listen in for insight around how the Prop Tech space has evolved, how the convertible note structure benefits investors, and why Umesh is pursuing EB-5 funding for PropMix! Have a topic or question you would...

EB-5 adjudication delays have become unreasonably long, doubling to a 45-month wait for I-526 petitions in recent months. On this episode, Mona and Mark are joined by top immigration attorney Ron Klasko to explain how we can use the Writ of Mandamus to address outrageous processing times. Listen in for insight into who can file a case, how it compels USCIS to make a decision, and when you should a...

What do the new EB-5 regulations mean for investors? How about developers? In this episode, Mona and Mark are joined by Robert Divine, former Chief Counsel of USCIS, to discuss the short- and long-term implications of the changing TEA designation and increase in minimum investment under the regs. Listen in to understand the potential impact of closing Regional Centers, the risks associated with sk...

How will the new DHS rules regarding investment thresholds and TEA designation shift the EB-5 industry long-term? In this episode, Mona and Mark are joined by Leon Rodriguez, former Director of USCIS, to discuss the timing of the new regulations and the impact they may have on the industry moving forward. Listen in for Leon’s insight around how the investor profile is likely to change and why a re...

It has finally happened……and here is our take on the new EB-5 Regulation Changes less than a day they were announced. On Wednesday, July 24th, 2019, the new EB-5 program regulations were published in the Federal Register. In this episode, Mona, Rebecca, and Mark stay back late to discuss the new rules that will go into effect on November 21, 2019. EB-5 investors will be grandfathered u...

What qualifies as material change? How do you defend against it in the absence of an objective standard? In this episode, Mona and Mark are joined by Carolyn Lee, the Chair of IIUSA’s Public Policy Committee, to discuss the concept of material change and its adverse consequences. Listen in for Carolyn’s insight around how USCIS formulates policy, why some policies around material change violate du...

The current state and implementation of EB-5 has a lot to do with its short history. Today, Mona and Mark are joined by the former USCIS Headquarters EB-5 Program Manager and Chief Adjudications Officer in charge of the EB-5 Immigrant Investor Program Maurice (Morrie) Berez. The three of them discuss how the program evolved in the early days, how some of the implementations and understandings came...

In light of Charlie Oppenheim’s most recent revelations, Indian and Chinese nationals may feel as if the door to the US is closing. Today, Mona and Mark are joined by Rohit Turkhud of Fakhoury Global to discuss the significant wait times to apply for a visa and the current misunderstandings around what filing an I-526 does and does not do. Listen in to understand the options Indian and Chinese nat...

Though large real estate projects have become the norm in EB-5, Indian investment firm Infinity Multi Ventures is taking a much different approach. Today, Mona and Mark are joined by Sandeep Mehta & Sanjay Dayma to discuss their support of smaller, niche projects in pharma, tech, and education. Listen in for insight around key India-US connections and learn how Infinity is supporting startups...

Because policymakers have failed to act, the EB-5 Regional Center program continues to face a great deal of uncertainty. Today, Mona and Mark are joined by Jeff Carr of Economic & Policy Resources, Inc. to discuss the EPR report on the economic impact of EB-5 Regional Center projects and his aim to inspire lawmakers to extend the program long-term. Listen in for insight around how the report...

Cases requiring administrative processing have increased exponentially in the last two years. In this episode, Mona and Mark are joined by Ramin Asgard to explain what ‘administrative processing’ really means and how the introduction of Form DS-5535 influenced the number of cases in administrative processing. Listen in for insight on the difference between a discretionary provisional refusal and a...

IIUSA is the trade association designated to represent the interests of the EB-5 industry and influence policy decisions on Capitol Hill. In this episode, Mona and Mark sit down with Aaron Grau to discuss the current status of the EB-5 program and the legislation IIUSA is drafting at present. Listen in for insight into IIUSA’s efforts to reach out to diverse stakeholders and learn how the organiza...

When EB-5 investors are already in the US, project developers must play by slightly different rules. In this episode, Mona and Mark sit down with Clem Turner to discuss the ins and outs of SEC compliance when private offerings are sold inside the US. Listen in for insight around the Reg D exemption process, the verification of accredited investors, and the safety in filing Form D as a compliance m...

When we finance a real estate project with both private equity and EB-5 money, immigrant investors have the potential to earn a much higher return than the typical ½%. In this episode, Mona and Mark sit down with Nick Salzano to explain how National Realty Investment Advisors was introduced to EB-5 and share the standard structure of an NRIA project. Listen in to understand the benefits of investi...

The backlog numbers announced by Charlie Oppenheim at the AILA & IIUSA Conference have caused quite an uproar. In this episode, Mona, Mark and Rebecca are taking the time to discuss what the numbers really mean. They explain the cause of the current EB-5 visa backlogs and interpret Charlie’s estimates of the number of petitions on file. Listen in for insight around Charlie’s wait-time and Fin...

Over the years, the EB-5 program has undergone a natural evolution. Today, Mona and Mark sit down with Peyman Attari to discuss EB-5 2.0, explaining how the size and structure of projects has changed and describing the flaws in the Regional Center model. Listen in for insight around the redeployment of funds, the role of an investment advisory, and the impact of a likely increase in the minimum EB...