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Investment Law Blog

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Financing Real Estate Projects with EB-5 Funds

On August 25, 2014, Catherine DeBono Holmes was featured in the GlobeSt.com article, Financing Projects with EB-5 Funds?, posted by Natalie Dolce, national executive editor of the publication: “Some of the largest real estate developers in the country, including Related Cos., Silverstein Properties, Forest City Ratner, and many others, have…

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How EB-5 Regional Centers and Sponsors Can Evaluate Broker-Dealer, Investment Company and Investment Adviser Registration Requirements under U.S. Securities Laws – Part 2: Securities broker-dealer registration requirements and hiring U.S. and Non-U.S. brokers

This article is the second in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws. You may want to read: Part 1 – EB-5 offerings do not fit standard SEC registration requirements Check back…

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How EB-5 Regional Centers and Sponsors Can Evaluate Broker-Dealer, Investment Company and Investment Adviser Registration Requirements under U.S. Securities Laws – Part 1: EB-5 offerings do not fit standard SEC registration requirements

This article is the first in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws. Check back soon for the rest of the series, or subscribe to the Investment Law Blog, and you will…

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What is Happening Now in the Market for EB-5 Financing for Hotel, Multi-Family and Mixed Use Real Estate Developments

Competition for EB-5 Financing is Strong. Demand for EB-5 financing among U.S. real estate developers is at record high levels, and demand for high quality EB-5 investments in China remains strong. Marketing agents in China and elsewhere are looking for the “best” EB-5 projects, meaning those that will be viewed…

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A practical guide to compliance with U.S. securities broker-dealer laws for regional centers and project developers using EB-5 financing

Are regional centers really required to register as broker-dealers under U.S. securities laws? Recent articles have suggested that every United States Citizenship and Immigration Services (“USCIS”)-approved regional center which pools foreign investor funds for EB-5 investment offerings sold to foreign investors may be required to register as securities broker-dealers under…

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Using Multiple Sources of Alternative Financing for Hotel Development

Four years after the collapse of the traditional financing markets for new hotel developments, most hotel developers are still struggling to find the necessary financing to fill the capital stack required to build new hotels. Even for developers with access to construction loans, loan to cost ratios are hovering at…

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EB-5 Financing for Hotel Development: Use of Stabilized Hotel Revenues for Determining Job Creation from New Hotel Development

USCIS has challenged EB-5 financing for hotel projects that rely on stabilized revenues as the basis for determining job creation. Since 2012, the U.S. Citizenship and Immigration Services (USCIS) has issued multiple Requests for Evidence (RFE) challenging the validity and reasonableness of economic job creation models for hotel projects that…

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EB-5 Financing for Hotel Development: Use of Hotel Industry Standards for Determining Job Creation from New Guest Expenditures

USCIS has challenged EB-5 financing for hotel projects that rely on guest expenditures. Since 2012, the U.S. Citizenship and Immigration Services (USCIS) has issued multiple Requests for Evidence (RFE) challenging the validity and reasonableness of economic job creation models for hotel projects that include jobs created from increased visitor arrivals…

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Protecting the Integrity of the EB-5 Investment Market Through the Adoption and Use of Due Diligence Best Practices

通过使用尽职调查最佳实践保护EB-5投资市场 EB-5 stakeholders must act to protect the integrity of the EB-5 investment market in the wake of the SEC fraud complaint against the International Regional Center Trust of Chicago, LLC. The EB-5 immigrant investor program provides an important source of capital for investment in job-creating businesses in the United…

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Due diligence tips for your next hotel acquisition

What is due diligence? Particularly in the context of a hotel acquisition, “due diligence” generally refers to the investigation conducted by a potential buyer of the hotel that is the target of the acquisition. The investigation covers both the physical asset (i.e. the hotel structures, parking, systems, equipment, inventories) as…

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