Fifth Employment Based category (EB-5) was created when the Immigration Act of 1990 (“IMMACT 90”) amended the Immigration and Nationality Act (“INA”). However, during the mid-1990s many companies did not raise the full required invested capital or hire the required number of employees. USCIS wanted to stop such misuse of the EB-5 program. Thus, several lawsuits followed reulting in legislative amendments to the EB-5 program. In 1998, four decisions were issued to serve as precedents for the future of the EB-5 program: Matter of Soffici, 22 I & N Dec. 158; Matter of Izumii, 22 I & N Dec. 169; Matter of Hsiung, 22 I & N Dec. 201; Matter of Ho, 22 I & N Dec. 206. Starting in 2003, the EB-5 program was amended to include the creation and operations of Regional Centers.
Initially the government agency wanted to implement these rulings retrospectively to earlier EB-5 participants, but in May 2001, a Federal District Court ruled in Chang v. United States that applying the new standards of adjudication retroactively in connection with approved EB-5 petitions is improper. Furthermore, in 2003, the Ninth Circuit Court of Appeals confirmed the lower court’s opinion issued in Chang v. United States, reaffirming that the retroactive application of the 1998 precedent decision was improper.
The projects described and depicted herein are based on current development plans, which are subject to change without notice. Information presented in relation to these projects is accurate to the best of M&D Regional Center, LLC’s knowledge, but has not been specifically confirmed and verified by M&D Regional Center, LLC. This website and the projects described herein are simply for general information purposes only and are not offers to sell any security or real estate. This website is only a summary of certain important matters relating to M&D Regional Center, LLC and is not intend to be used for consideration in making any investment decision. The projects described and information provided herein, or any opportunity to invest therein, have not been registered under the Securities Act of 1933 and may not be offered or sold in the United States or to U.S. persons unless the securities are registered under the Act, or an exemption from the registration requirements of the Act is available. The information provided herein is not, and shall not be taken as, (i) an offer to sell, or a solicitation of an offer to buy, an interest in any investment, security or any other financial product; or (ii) M&D Regional Center, LLC providing any form of investment management or advisory services. M&D Regional Center, LLC does not offer, or intend to offer, securities through the viewing of this website or by providing general descriptions of its projects. Any offer or solicitation to purchase an interest in any security may be made, if at all, by the issuer of those securities and/or affiliated licensed broker-dealers, pursuant to requirements and exemptions set out in applicable securities laws, and such offerings and/or solicitations shall only be made through the delivery of confidential offering materials relating to a particular securities investment to qualified investors in those jurisdictions where permitted by law. Prospective investors should rely solely on detailed information provided in offering materials for particular investments, and must take note of the risk factors described therein.
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