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EB-5

EB-5 Reform and Integrity Act of 2022

The 2022 Consolidated Appropriations Act was signed into law in March of 2022, and with it came a major reform to the EB-5 system.
The relevant portion of the Act is Div. BB, otherwise known as the EB-5 Reform and Integrity Act of 2022.

Full Bill Text

Important Takeaways:

More Resources:

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EB-5 Uncategorized

EB-5 Updated Investment Cost

The EB-5 Reform and Integrity Act also lays out changes to the EB-5 investment cost.
The new cost is effective March 15, 2022, and will be adjusted by inflation every 5 years based on the Consumer Price Index for All Urban Consumers (CPI-U).

Investment TypeBeforeAfter
Minimum Investment$1,000,000$1,050,000
Targeted Employment Area Investment Amount$500,000$800,000
High Employment Area Investment Amount$1,000,000N/A

These values are given in US Dollars.

A Target Employment Area is either (at time of investment):

  1. A rural area, or
  2. A high unemployment area.

Source: USCIS

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EB-5

EB-5 Immigrant Visa Set Asides

The EB-5 Reform and Integrity Act dictates that a certain percentage of EB-5 visas will be set aside for investors who invest in specific areas each fiscal year, the breakdown is as follows:

  • 20% – Rural
    A rural area is any area other than an area within a metropolitan statistical area (MSA) (as designated by the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more according to the most recent decennial census of the United States.
  • 10% – High Unemployment
    A high-unemployment area consists of the census tract or contiguous census tracts in which the new commercial enterprise is principally doing business, which may include any or all directly adjacent census tracts, if the weighted average unemployment for the specified area based on the labor force employment measure for each tract is 150% of the national unemployment average.
  • 2% – Infrastructure
    An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the regional center program from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.
    Unused visas in these categories are held for use in their respective category for 1 more fiscal year before being released to the general EB-5 visa pool.

Source: USCIS

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Business Firm News

An International Business Dispute

An international dispute pending in the US District Court Northern District of Ohio, case number 1:20-CV-00601-SO has been settled to the parties’ satisfaction. We represented the plaintiff.

The case started in March 2020 when the plaintiff filed its complaint with the district court. Since then, parties filed pleadings, motions and engaged in discovery. Based on newly obtained information, plaintiff filed its amended complaint which drastically changed the landscape of the case. Soon after, both parties were able to sit down and discuss possible resolutions for the dispute. With the court’s assistance, the parties finally settled all issues between them in December 2021.

The case was litigated during the COVID pandemic. Thus, all hearings were conducted in a virtual setting. Plaintiff received just compensation and was satisfied with the result and our service because we maximized the client’s rights and benefits.

International business litigation has many more challenges than routine domestic civil litigation. It also requires additional skills and abilities. For example, the first step – service of process could be a daunting task. In this case, the defendants tried all means to avoid being served. The service alone took many months. Nonetheless, we were good at it, and in the end, we obtained a good result for the client. If you have an international business dispute, please contact us.

© 2021 Copyright by Lei Jiang LLC. All rights reserved.

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Business Firm News

A Successful Five Million Dollar Merger and Acquisition

A five-million-dollar merger and acquisition was concluded right after the Thanksgiving Holiday. The initial closing was set for November 24, 2021, the day before Thanksgiving. Instead it was closed on November 26, 2021.

In this case, the purchaser was a Nasdaq listed company specializing in international education.  It acquired 70% of the ownership of an Ohio private investment company specializing in higher education. This acquisition was done in two steps. The first was the purchasing of the 70% ownership interest. Then, immediately following the first closing, the company subscribed 900 new shares as part of the deal (subscription closing). Two closings were scheduled back-to-back.

There were some challenging issues of the deal which required special skills. For example, the seller company had several classes of shares and non-diluted shares.  Also, the seller company’s shareholders were non-US persons. Finally, the seller company had de facto subsidiaries, including an international subsidiary. All of these factors increased the deal’s complexity.

We represented the seller company and were working around the clock to meet the deadlines. In the end, both closings were successfully completed. Our client was satisfied with our help. Moreover, the client went the extra mile to acknowledge our work by rating us positively on Google. 

Mergers and acquisitions (M&A) require high-level skills that are not easily obtainable. Skills and experience from legal areas such as business transaction, taxation, IP, or even immigration may be called together in this type of work.

We are happy with the positive results and synergies created by this deal. Case after case shows that our commitment to our client’s success is real and never fading. If you have M&A work, please contact us.

© 2021 Copyright by Lei Jiang LLC. All rights reserved.

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Estate and Trust News Uncategorized

Tax Planning I: Charitable Remainder Trusts

With the Biden administration in power, an increase in taxes may be coming fast. The impact may be on many areas, for example, income tax, capital gain, estate tax, etc. Therefore, proper planning is more relevant than ever. This series reviews some common tax deferral strategies. One such strategy available in many states, including Ohio, is the charitable remainder trust.

In essence, a charitable remainder trust (“CRT”) is a trust that is funded by an individual (“donor”) during life. The CRT makes distributions to a non-charitable beneficiary, which can be the donor or the spouse, for life or a term up to 20 years. After that, any remaining property may pass to one or more charities. The tax benefit is that when you fund the trust, you can claim a charitable income tax deduction equal to the present value of the remainder interest (subject to applicable limits on charitable deductions). Your annual payouts from the trust can be based on a fixed percentage of the trust’s initial value — known as a charitable remainder annuity trust (CRAT). Or they can be based on a fixed percentage of the trust’s value recalculated annually — known as a charitable remainder unitrust (CRUT). CRUT may be preferable for some people because it allows the income to keep up with inflation. Also, a donor can make additional contributions.

The IRS requires that the present value of the remainder interest must be at least 10% of the initial value of the trust assets. This determination is made at the time the assets are transferred (it’s an actuarial calculation based on the trust’s terms).

The benefits of a CRT are:

  • Fixed income for life
  • Avoid capital gains tax on the sale of your appreciated assets
  • Charitable income tax deduction for remainder portion of your gift

An example (illustrated at Ohio State University website)

Susan, 75, wants to make a gift to The Ohio State University Foundation but would also like more income in the future. Susan creates a charitable remainder unitrust with annual lifetime payments to her equal to 5% of the fair market value of the trust assets as revalued annually. She funds the trust with assets valued at $500,000.

Susan receives $25,000 the first year from the trust. Subsequent payment amounts vary each year depending on the annual valuations of the trust assets. She is eligible for a federal income tax charitable deduction of $299,845* in the year she creates and funds the trust. This deduction saves Susan $95,950 in her 32% tax bracket.

*Based on a 1.2% charitable midterm federal rate. Deductions and calculations will vary depending on your personal circumstances.            

Charitable Remainder Trusts requires careful planning. Before you act, contact us or your trusted attorney/CPA to discuss your options.

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Immigration News

EB-5 Program Revived: U.S. District Court Restores $500,000 Investment

The U.S. District Court of the Northern District of California decided on June 23rd, 2021 to rule in favor of its request to vacate the EB-5 Modernization Rule implemented by the Department of Homeland Security (DHS) in 2019. The court’s decision restores the original rules for the EB-5 program, which was created by the Immigration Act of 1990 as a method for providing qualified investors the opportunity to obtain a permanent green card. The program requires a minimum $500,000 investment in a U.S. business that would create at least 10 full-time jobs for American workers. The 2019 Modernization Rule bumped the investment from $500,000 to $900,000, an update that stifled participation in the program. The suit was brought by Behring Co., a real estate developer and the operator of Behring Regional Center.

The Modernization Rule also made problematic changes to the program’s Targeted Employment Area (TEA) designation process, removing the states’ authority to determine TEA eligibility without a viable replacement and resulting in processing times that took years to complete. This change helped contribute to EB-5 petitions dropping by more than 99% percent since November of 2019. “The Court’s decision to right this wrong will provide a positive opportunity for EB-5 investors and regional centers to unite with policymakers in forging meaningful legislative change that ultimately leads to creating American jobs and economic growth”, said Laura Foote Reiff, an immigration attorney who helped represent Behring Co.

With the original rules in effect, EB-5 investors may once again invest $500,000 in TEA-qualified locations that create at least 10 full-time jobs. Since its inception, EB-5 investors have injected more than $41 billion into the United States economy and created over 820,000 jobs. However, the program is set to expire June 30th, with lawmakers currently considering modifying certain components of the EB-5. If you have any immigration issues or would like to try and apply for the EB-5 program, feel free to call the Lei Jiang Law Firm at 440-835-2271, as we handle a variety of immigration legal issues and applications. 

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Business News

Employment Law Uniformity Act: What Does it Mean for Ohio Businesses?

Ohio Gov. Mike Dewine signed H.B. 352 into law earlier this year, and it went into effect April 15th, 2021. Also known as the Employment Law Uniformity Act, it will enact broad changes to how employment discrimination claims are handled in Ohio. The legislation is meant to improve the business climate in Ohio, as well as draw more investment into the state.

Major Changes

Smaller caseload- One big change that H.B. 352 implements is that plaintiffs with discrimination claims will first go to the Ohio Civil Rights Commission instead of going right to court. This will help lessen the burden the employer usually faces when having to deal with court battles and hearings with the Ohio Civil Rights Commission.

Statute of Limitations amended- Before H.B. 352, an employee had up to six years to pursue a civil claim for discrimination and 180 days to go before the Civil Rights Commission. Now, a two-year statute of limitations applies to all charges filed with the commission and civil lawsuits. The new law tolls the statute of limitations for civil lawsuits until the Civil Rights Commission completes its investigation. This will ease the recordkeeping burdens that businesses often carry and will create more reliable witnesses, as they will have a fresher memory of the event if it only happened within the last couple of years.

Affirmative defense- H.B. 352 codifies the federal Faragher-Ellerth Defense. According to Thomson Reuters Practical Law, this is an affirmative defense employers can use to defend against claims of hostile work environment harassment if: No tangible adverse employment action was taken against the plaintiff, the employer exercised reasonable care to prevent and promptly correct the harassing behavior, and the plaintiff unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to otherwise avoid harm by, for example, not taking advantage of reporting procedures outlined in an anti-harassment policy.

What Does This Mean for Ohio Business Owners?

If you are a business owner, update your human resources department about the new law. If a former employee or current employee accuses you of discrimination, make sure to tell your IT department or employee to retain all communications and emails having to do with the subject of the lawsuit. Furthermore, make sure to hire experienced representation, like Lei Jiang Law Firm, as we are well versed in labor and employment disputes. If you have such an issue, please contact us at (440) 835-2271.

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Business Firm News

A SUCCESSFUL COMPLETION OF A WAGE CASE

After near a four-year litigation, a wage case in the US District Court Northern District of Ohio was recently settled to our client’s satisfaction. T. Wang v. China Wok, et al. Case number 3:17-cv-00691 was filed on April 3, 2017. Our firm represented Plaintiff Ms. Wang. The original complaint was subsequently amended and supplemented. Additional parties were added as defendants. Ms. Lei Jiang was the lead counsel in this case.

The case was at the final stage – waiting for the trial when it was settled. All discovery was completed, and summary motions were filed and determined by the court. Due to COVID, the trial was delayed. Unexpected delay eventually facilitated the settlement. This proved to be advantageous for all parties involved because there will be no appeals.

Labor and employment disputes are one of our areas. If you have such issues, please contact us.

© 2021 Copyright by Lei Jiang LLC. All rights reserved.

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Firm News Uncategorized

SUCCESS IN FOUR CIVIL CASES in 2021

In 2021, we successfully litigated 4 cases, winning favorable outcomes for our clients. CV-19-925835 and CV-20-930311 were two companion cases in Cuyahoga Common Pleas Court filed by a plaintiff against our client, a defendant.  CV-19-925835 was filed on November 26, 2019. Plaintiff alleged breach of two contracts. Based on evidence, we quickly filed counterclaims against the plaintiff and a third-party complaint against plaintiff company’s owner. Evidence showed that the lawsuit was frivolous. More appalling, Plaintiff filed second suit against our client on March 3, 2020 with similar claims.

Plaintiff filed numerous motions to distort, delay and/or disrupt the cases, most of them were meritless. In a short period of one year during the global pandemic, a total of 46 motions/briefs were filed (21 in CV-19-925835 and 25 in CV-20-930311), not to mention many other documents, pleadings, and hearings.  This was extraordinary. Yet, our defense team defeated and dissolved all these baseless motions.

In the end, Plaintiff ran out of gas and tricks. On March 26, 2021, Plaintiff voluntarily dismissed all claims against our client in these two cases. Thus, our client triumphed and was satisfied with our representation.

We also defended our clients in two other cases and obtained measurable success. 20CV000003 is a civil case in Lake County Common Pleas. This was another highly contested case (if not more) which involved the same entity in the above two Cuyahoga cases (plaintiff there). Approximately 53 motions/briefs were filed in one year. Types of motions filed by this entity (third party defendants here) included, but not limited to:

  • Motion to disqualify defense counsel
  • Motion to reconsideration
  • Motion for extension of time
  • Motion to compel discovery
  • Renewed and amended motion to disqualify
  • Motion for protective order
  • Motion to strike
  • Motion to dismiss
  • Substituted motion to strike
  • Motion for non-prejudicial dismissal under doctrine of forum non conveniens
  • Motion to continue
  • Motion in limine
  • Motion for leave to file sur-reply

We defeated all these motions and obtained a favorable outcome for the client.

The fourth case was in Cleveland Height Municipal Court where our client, a defendant, prevailed after the trial. Case number is CVI2001426.

Big or small, plaintiff or defense work, we handle the cases with the highest level of care, professionalism, and skill. If you have a business dispute, please contact us for help. 

© 2021 Copyright by Lei Jiang LLC. All rights reserved.

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