This Comment examines whether continuation of the EB-5 Visa Program, as it currently stands, must be assessed in light of national security concerns. Part II will discuss the basics of acquiring an EB-5 Visa. Part III will discuss the changes in EB-5 requirements since the program was created, the recent surge in demand for EB-5 visas, and problems of EB-5 fraud. Part IV will examine the shift in perceived national security threats since the creation of the EB-5 Program and recent actions by CFIUS. Part V will address several shortcomings of the EB-5 Program and conclude that the EB-5 Visa, as it currently exists, is inadvisable in light of the recent national security concerns flagged by CFIUS and is inconsistent with the policies underlying CFIUS review. Part VI will suggest alternatives to remedy several national-security shortcomings of the EB-5 Program.
Too Porous for Protection? Loopholes in EB-5 Investor Visa Oversight Are Cause for National Security Concern,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol16/iss2/4