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Brooklyn Journal of International Law

Journal

2017

Foreign Investment; Australia; EB-5 Visas; Australia; Foreign Acquistions and Takeover Act 1975; Foreign Investment Review Board; Real estate; United States; Immigration Act of 1990; Targeted Employment Areas; Greencard; Regional Center Program; Australian Taxation Office; Tax; Limited liability corporations citizenship; China; Chinese investors; Immigrant Investor Program; U.S. Treasury Department

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Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn May 2017

Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn

Brooklyn Journal of International Law

This Note examines the controversy of the EB-5 Immigrant Investor Visa, which was created under the 1990 U.S. Immigration Act. The EB-5 Immigrant Investor Visa was meant to encourage foreign investment in U.S. real estate. Under the EB-5 immigrant visa program, an investor can obtain U.S. permanent residency through the EB-5 category, if the investor fulfills either of the two requirements. After an applicant proves they have met the requirements, the holder of the visa and their immediate family members can begin their paths to citizenship, first through the Greencard program. While created with good intent, the EB-5 visa program …