EB-5 Global Ventures Blog articles

Does the President Have Authority to Issue an Immigration Ban?

The President’s recent executive order on immigration triggered heated debate in the immigration community and throughout the nation, and left many questioning the President’s authority to issue such a sweeping ban on foreign nationals entering the US.

In support of his authority to issue the executive order, the President cites Immigration and Nationality Act (INA) 212(f), which states:

What Does Retrogression Mean for Chinese Investors?

The Immigration Act of 1990 established both the EB-5 visa and the current immigrant classification preference system. The current system places limits on how many and what types of immigrants can receive green cards each year. The current law allows for the issuance of up to 140,000 employment-based immigrants for each fiscal year (October 1 to September 30). INA § 201(d)(1)(A). There are five employment-based categories; among these the EB-5 category has the least number of visas allocated.


A pivotal aspect of the EB-5 investment is to prove that the funds invested come from legitimate earnings. For some investors, like Iranians, there is an extra hurdle, for transferring the funds from Iran to the U.S. In fact, most Iranian investments are encumbered and, therefore, necessitate a diligent compliance with U.S. law.

EB-6: Myth or Reality?

Foreign entrepreneurs are still waiting for the United States Senate Finance Committee to evaluate the proposed Startup Visa Act of 2015 (or EB-6 Visa) that will allow foreign entrepreneurs to obtain permanent residency in the U.S. by investing and raising capital from a qualified U.S. investor. At present, there is no employment-based immigrant visa available for foreign entrepreneurs. Unfortunately, the Act is currently stuck at the committee level, and, thus, the EB-6 Visa has become somewhat of a myth in the immigration law community. 

Issues that an investor should consider when deciding to invest through direct investment or through a Regional Center

Regional Centers are institutions that allow immigrant-investors to invest through a fund that is used to sponsor an EB-5 project. In contrast, a direct investment requires the immigrant-investor to directly invest in his or her own business In both cases, it is the immigrant-investor’s responsibility to ensure that investment is put towards a sound business or project.

Deciding between those two types of EB-5 investments can be confusing. The following questions and answers provide the immigrant-investor with initial guidance: