EB-5 Investment Fraud Red Flag #2, Commission Breath

[Also available on LinkedIn.] “Commission breath” is a slang expression used in the sales industry to describe a salesperson that reeks of desperation and will say or do anything to close a deal. Many times this is expressed in slick tactics such as creating a false sense of urgency. For instance, a salesperson may attempt […]

EB-5 Investor Fraud Red Flags:

[Also available on LinkedIn.] As with any significant investment, extensive due diligence is prudent before writing a check. There are several common red flags that should give any investor pause when they encounter them. One major red flag that can come up in the EB-5 context is if the developer has a limited or hard […]

Form I-864 Financial Support & Work Credits

One event that can end the financial support obligations created by the Form I-864, Affidavit of Support, is if the sponsored immigrant (typically a spouse) has worked, or can be credited with, 40 qualifying quarters. This is the equivalent of 10 years worth of work.    

Various Thoughts on EB-5 Litigation

EB-5 Class Actions [Also available on LinkedIn.] Anyone expect to see an increase of class action litigation related to EB-5 investment fraud in the coming years? Cases alleging this seem to come to light in drips every year. There is clearly volatility in the space and that may accelerate latent frauds or fiduciary breaches to […]

I-864 Affidavit of Support Obligations & Bankruptcy

[Also available on Reddit.] Can A Sponsor Avoid I-864 Financial Support Obligations By Declaring Bankruptcy? It depends. Some courts have held that financial support owed to spouses under the affidavit of support is akin to domestic support obligations and therefore NOT dischargeable in bankruptcy. Non domestic support obligations (such as for a sponsored siblings), presumably […]

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