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USCIS Warns Against Use of Certain Names for EB-5 Regional Centers and Related Commerical Enterprises

Posted by Ann Badmus | Aug 17, 2015 | 0 Comments

Recent USCIS Message to Stakeholders :

USCIS would like to remind you that EB-5 regional centers and related commercial enterprises should not contain the words “United States,” “U.S.,” “US” and “Federal” in their names. If you use these words in the name of your regional center or enterprise, you may falsely imply a relationship between the entity using the name, and USCIS, DHS and the U.S. government. Using such names on websites, promotional and other marketing materials could also be considered deceptive acts or practices and false advertisements, which may violate federal laws governing unfair trade and false advertisements. See 15 U.S.C. §§ 45 and 52. 

If a regional center or related commercial enterprise has a questionable name, the Immigrant Investor Program Office (IPO) may refer it to the Federal Trade Commission for further action.

Additionally, use of the words “Federal” or “United States” in advertising by businesses engaged in the financial services sector may be a violation of 18 U.S.C. § 709, which prohibits false advertising or the misuse of names to indicate a federal agency. In this situation, IPO may refer regional centers and related commercial enterprises with questionable naming practices to the Department of Justice for further action.

Kind Regards,

USCIS Public Engagement Division

About the Author

Ann Badmus

Principal and Managing Attorney


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