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Douglas Hauer

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[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.

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. 

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
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viewpoints

Hear from Adam Sisitsky, a member of Mintz Levin’s Securities Litigation Practice, on the three D’s of EB-5 risk mitigation.
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On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery.
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The EB-5 regional center program is set to expire today. But the program will get a temporary reprieve through December 11 if, as expected, Congress passes a Continuing Resolution today to fund the government through that date.
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Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire today but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will fund the government through December 11 and also temporarily extend the regional center program through that same date.  
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With the proliferation of market makers and brokers abroad in the EB-5 space, U.S. issuers need to pay close attention to the Foreign Corrupt Practices Act (FCPA).
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Issuers of EB-5 securities are often new to running a deal where they structure and then market an investment product. There is often the perception that because EB-5 deals have potential immigration benefits flowing to investors, federal and state securities laws are not central, and minor violations don’t matter.
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There is speculation on the Hill that lawmakers will not take on reforming or improving the EB-5 Program until January 2016. But don't think for a second that lawmakers will simply pass an extension of the Program and indefinitely shelve refashioning EB-5.
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EB-5 financing can be a useful tool for developers. But planning and structuring a deal with EB-5 funding takes time. Developers seeking this capital need to balance concerns of senior lenders with those of an EB-5 lender, if EB-5 financing comes into a deal as a loan subordinate to a senior loan.
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The Wall Street Journal recently published two articles about the EB-5 Regional Center Program: a blog entry and a front page editorial-like review of the program.
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Section 4A(c) of the Securities Act of 1933 ("The 1933 Act"), 15 USC § 77d-1(c), is part of the new crowdfunding regime. The JOBS Act of 2012, Pub. L. No. 112-106, 126 Stat. 306 (2012), created a liability scheme for issuers and intermediaries in an exempt crowdfunding offering.
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News & Press

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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In Law360, Mintz Member Douglas Hauer commented on the upcoming increases to the EB-5 visa program's minimum investment amounts and how it is affecting investors, immigration lawyers, and EB-5 petitioners.
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.
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.
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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.
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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. 
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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.
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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.
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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.
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.
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Events & Speaking

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

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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. 

Recognition & Awards

  • Chambers USA: Massachusetts - Immigration (2021 – 2023)

  • Best Lawyers in America: Immigration Law (2014 – 2018, 2021 - 2023)

  • Recommended by The Legal 500 United States for Labor & Employment: Immigration (2013 – 2016)

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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. 

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)
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