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Douglas Hauer

Member

[email protected]

+1.617.348.3044

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Doug is a noted authority on the EB-5 investor visa program, which gives developers a path for securing capital for real estate, hospitality, and infrastructure projects. His fluency with the program makes Doug an essential resource for companies looking for financing from offshore sources. International entrepreneurs and companies also rely on him when launching a business within the borders of the US. He is ideally positioned to advise clients on immigration and corporate law issues that arise in doing business in the US. 

Doug is a Member in the firm's Corporate & Securities Practice and Immigration Practice. On the corporate side, he focuses on private offerings and related securities work. Doug serves as counsel to developers and businesses seeking capital from offshore sources including through the EB-5 investor visa program. He also works with entrepreneurs, new ventures and established businesses on setting up operations in the US, providing advice on entity formation and on the legal risks of expanding into the US. In the immigration law space, Doug represents corporate, institutional, and individual clients in routine and complex immigration matters. He has in-depth experience advising companies on the immigration consequences of corporate restructuring, as well as representing clients in immigration-related investigations involving the US DOL, USCIS and FBI. Doug frequently speaks, writes and is often quoted in the press about immigration, corporate and securities law, and foreign investment.

Education

  • Boston University School of Law (LLM, Tax)
  • Boston University School of Law (JD)
  • Harvard University (MA)
  • University of Chicago (MA)
  • Ohio State University (BA)

Experience

  • Served as lead counsel for prominent resort developer in structuring $55 million preferred equity private placement
  • Counseled Israeli technology company on entity formation at entry into the US market and solved visa challenges
  • Partnered with general counsel of publicly traded company to manage global immigration law risks and mobility issues associated with a large-scale acquisition in China, Singapore and India
  • Served as lead deal counsel for a publicly-traded resort company in a $52 million private placement through the EB-5 Program
  • Formed EB-5 regional center and secured exemplar petition approval from USCIS for a $20 million EB-5 financing for a real estate project in New York City, with no USCIS “requests for evidence”
  • Advised major equity investors on the risks involved in participating in an EB-5 private placement seeking to raise more than $100 million
  • Represented leading clean energy executive/scientist through all aspects of the U.S. immigration process

Recognition & Awards

  • Recommended by The Legal 500 United States for Labor & Employment: Immigration (2013 – 2016)
  • Best Lawyers in America: Immigration Law (2014 – 2018)

Involvement

  • Member, International Bar Association (2013 – present)
  • Member, National Association of Corporate Directors (2013– 2016)
  • Board member, German American Business Council of Boston (2011 – 2017)
  • Member, Board of Trustees, American Immigration Council (2009 – 2014)

Languages

- German

- Hebrew

- Russian

Viewpoints

Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court’s recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on agency-sought disgorgement in SEC enforcement actions.

Getting Ready for Change in the EB-5 Ecosystem

June 1, 2017 | Blog | By Douglas Hauer

As we head into the summer, there is no certainty that we will see changes to the EB-5 Program. Lawmakers may simply not act, which may result in EB-5 being included in Continuing Resolutions alongside other immigration programs that are temporary, at least in the near future.
Douglas Hauer, Co-Chair of the EB-5 Financing Practice and a Member of the Corporate and Securities and Immigration Practices of Mintz, Cohn, Ferris, Glovsky and Popeo, P.C., is speaking at the North American Securities Administrators Association’s (NASAA) 2016 Corporation Finance Training.

EB-5 Awaits Action in Lame Duck Session of Congress

November 7, 2016 | Blog | By Douglas Hauer

Our colleagues at ML Strategies have just published a helpful alert about the status of the EB-5 Program, which is awaiting an extension as we gear up for a lame duck session of Congress.

Proposed USCIS Rule for Entrepreneurs Would Benefit Very Few if Finalized

September 29, 2016 | Blog | By Douglas Hauer, Samuel Asher Effron

United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be in the United States) to jumpstart and build their businesses in the United States.
Partner Douglas Hauer on our sister blog, EB-5 Financing Matters, provides an update on EB-5 authorization as part of a pending Continuing Resolution. This afternoon, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November election.
This afternoon, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November election.
Viewpoint General

MintzTech Industry Update: Entrepreneur Rule

September 15, 2016 | Article | By Douglas Hauer, Samuel Asher Effron

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be in the United States) to jumpstart and build their businesses in the United States. The rule is a path-breaking proposal because it seeks to use and retrofit an existing immigration benefit called “parole” to meet the needs of entrepreneurs, who may otherwise be unable to secure a nonimmigrant visa such as an H-1B or E-2 visa.

EB-5 Reauthorization Heading into Lame Duck Session of Congress

September 1, 2016 | Blog | By Douglas Hauer

The extension of the reauthorization for the EB-5 Investor Visa Program may lapse on September 30, 2016. Whether lawmakers will invest time in EB-5 this coming month is an open question, but it is more probable than not that we will see no movement.
Check out what’s new in the EB-5 world, where a team of securities lawyers are at work offering to help lawmakers understand complex legal provisions of proposed EB-5 integrity legislation.

News & Press

This feature article discusses proposed legislation that would have extended the EB-5 Visa program for five years. The article quotes Mintz Member Douglas Hauer among industry sources providing commentary.

Immigration Policy To Watch In 2018

January 1, 2018 | Law 360

Law360 published an article looking ahead at immigration trends for 2018. Doug Hauer is quoted in the article, regarding potential changes to the EB-5 program and the possibility of the Department of Homeland Security passing final regulations.
Mintz secured United States Citizenship and Immigration Services’ approval for Peak Resorts, Inc.’s application for the company’s proposed Great North Regional Center.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Doug Hauer, a Mintz Member, is quoted in this Law360 article on potential prison sentencing in response to EB-5 visa program fraud. Doug’s comments indicate that because of limited resources, criminal cases will likely only be pursued in the future when there is clear evidence of fraud. 
Three Mintz attorneys will be participating in the National LGBT Bar Association’s annual Lavender Law conference and career fair. Douglas Hauer, Lyzzette Bullock, and John Koss will be panelists at the event for lesbian, gay, bisexual, and transgender individuals and allies in the legal profession.
This Law360 article discusses contentious updates to the EB-5 visa program, which gives green cards to foreign residents who invest heavily in U.S. businesses.

What likely won’t change under Trump: Foreign investment in Boston

December 1, 2016 | https://www.bostonglobe.com/business/2016/12/01/trump-unlikely-change-rules-around-foreign-investment-real-estate-boston-elsewhere/rdBylRCZqx2FLLaiS9RslK/story.html The Boston Globe

Doug Hauer, a Corporate & Securities and Immigration Member, is quoted in this article discussing how despite President-Elect Trump’s plans to rewrite the rules of foreign trade, he will likely leave overseas investment in U.S. real estate untouched.
Mintz Corporate & Securities and Immigration Member Doug Hauer were quoted in this Bloomberg BNA Daily Labor Report article on the policy update to the Immigrant Investor Program.  
Douglas Hauer, Co-Chair of the EB-5 Financing Practice and a Member of the Corporate and Securities and Immigration Practice at Mintz, is speaking at the North American Securities Administrators Association’s 2016 Corporation Finance Training.
Mintz Corporate & Securities and Immigration Member Doug Hauer is quoted in a CoStar article covering the popular EB-5 Investor Visa financing program, which is likely to be extended for a third time in a year.
Doug Hauer, Mintz Corporate & Securities and Immigration Member, is quoted in this Law360 article on the reform bill introduced in the House prior to the reauthorization deadline as it pertains to the upcoming expiration of the EB-5 visa regional center program.
Mintz Corporate & Securities and Immigration Member Doug Hauer is quoted in this Bloomberg BNA Daily Labor Report article covering efforts to push changes to the EB-5 visa program in Congress as its reauthorization deadline approaches.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Mintz Corporate & Securities and Immigration Member Doug Hauer is quoted in this Vermontbiz article on Vermont’s Department of Financial Regulation’s (DFR) approval of the SouthFace Village at Okemo, a new EB-5 project.

Negative Assurance Letters in EB-5 Offerings

February 11, 2016 | https://iiusa.org/blog/negative_assurance_letters_in_eb5_offerings/ Mintz Boston Members Doug Hauer, Adam Sisitsky, and Larry Schoen authored this …

Mintz Members Doug Hauer, Adam Sisitsky, and Larry Schoen authored this EB-5 Regional Center Business Journal column. The authors note with increased scrutiny of the program, they expect increased attention to securities compliance and litigation risk mitigation throughout the EB-5 industry.

Events

Speaker
Dec
7
2017

2017 AILA EB-5 Investors Summit

AILA Agora

Las Vegas, NV

Speaker
Nov
15
2017

U.S. Immigration Roundtable Briefing: What Businesses in Turkey Need to Know

The Turkey-U.S. Business Council (TAİK)

Levent, Istanbul

Speaker
Nov
12
2017
Panelist
Moderator
Speaker
Oct
30
2015

German American Conference at Harvard

Harvard University

Cambridge, MA

Moderator
Panelist
Oct
8
2015

On The Move – A Global Immigration

International Bar Association (IBA) Annual Conference

Austria Center Vienna Vienna, Austria

Speaker
Speaker
Apr
14
2015

Immigration for the HR Professional

Hyatt House 2 Van de Graaff Drive Burlington, MA