Comment: EB5 Act Implementation Webinar Video

Kate Kalmykov & Mark A.Katzoff on EB5 Reform Act Implementation

Kate Kalmykov and Mark A.Katzoff share what they think are the three most important and interesting aspects of the EB5 Reform Act of 2022 Attorneys analyze the impact of various provisions of the EB5 Reform Act such as: Designation of existing regional centers and need for new filings, Implications of set asides for existing investors, What needs to be clarified in implementation by the Agency, Securities compliance extends beyond the offering documents, The implications of the new agent registration requirements, Relaxation of geographic scope of redeployment and more.

Click on the time stamps of the questions below to take you DIRECTLY to the question and its answer.

00:00 Introduction
02:02 What does USCIS mean by redesignation or recertification?
06:18 What new securities law compliance provisions are in the new EB5 Reform and Integrity Act?
09:52 What are the implications of et-asides, for new investors and existing investors ?
11:42 What are the new agent registration requirements?
19:26 What does USCIS need to clarify about the implementation of this act ?
25:33 What are the redeployment changes in the new statute?
28:51 Do RCs not seeking any new investors need to get “reauthorized”, “recertified”, “redesignated” ?
30:36 Are you folks advising your clients that they will need to file new applications for NCE (?) designations for, even if the project previously received I-924 Exemplar Approval?
32:25 Is concurrent filing for adjustment of status now available who filed I-526 many years ago?
34:04 Can EB5 funds be raised as 506(C) offerings, and what are the benefits and limitations therefore?
36:00 How does a RC with projects for which the business plan was approved under the prior statute and prior regulations comply with the new requirements ?
45:14 Do any of you think that the agent registration and fee disclosure requirements will result in more ""standardized"" fee arrangements within the industry?
47:32 Do the requirements that specifically reference implementing regulations ( such as limits on bonds, limits on foreign involvement) take effect before the regulations are finalized or are they now in effect?

About the Speakers

Kate Kalmykov focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Mark A. Katzoff is devoted to navigating his clients through often complex regulatory landscapes and finding solutions that work both legally and practically. Opportunity zone and EB-5 programs offer companies the occasion to raise capital at a lower cost. The rules governing these programs are constantly developing and evolving. Clients look to Mark to stay on top of the latest requirements and provide creative solutions to the legal and operational challenges presented by these programs.

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