International Law and Immigration
Ca. Int'l Law Journal VOL. 25, NO. 1, FALL 2017
Content
- Comply at Your Own Risk: Reconciling the Tension between Western Due Diligence Practices and Chinese State Secrets Law
- Contents
- Development of New Approaches in International Trade Law
- Discrimination against Refugees: the Limits of Presidential Authority under International Law
- Editor's Comments
- Global Legal Research
- Letter From the 2016-2017 Chair of the International Law Section
- Letter From the 2017-18 Co-chairs of the International Law Section
- Masthead
- The 'Don' of a New Era: Untangling the Sanctions Policy of the Trump Administration and its Compliance Implications
- The Travel Ban and the Ninth Circuit's Holding in State of Washington v. Trump
- Risk Factors in Eb-5 Regional Center Private Placement Memoranda
Risk Factors in EB-5 Regional Center Private Placement Memoranda
By William Tolin Gay*
I. INTRODUCTION
The EB-5, or immigrant investor, visa provides a means for wealthy foreigners to invest in a new business enterprise in the United States, create jobs, and thereby obtain the right to permanent residence. For many years, most EB-5 applicants have elected to invest in existing, government-approved businesses called "Regional Centers."1
For a number of reasons, the favored business structure for the Regional Center has been the limited partnership (LP). Use of the LP for Regional Centers has express sanction of the federal immigration authorities, provided the immigrant investors are sufficiently involved in the management of the business enterprise. Failure to become sufficiently involved in management could result in denial of the visa.