United States: Inward/ Foreign Investment

Developers of infrastructure and mining projects face mounting cost pressures, shifting trade policies, and evolving regulatory requirements that threaten project economics and investment decisions.

The EB-5 Visa Program offers foreign investors a pathway to U.S. permanent residency through qualifying capital investments. Recent legislative reforms have introduced the Rural EB-5 Program, which provides faster processing times, lower investment thresholds, and priority adjudication compared to traditional categories.

The CHIPS and Science Act implementation has evolved significantly, with the CHIPS Program Office expanding beyond semiconductor fabrication to strengthen supply chains, while the CHIPS Research and Development Office accelerates funding for quantum computing and advanced R&D projects. Two major funding opportunities are currently open: CPO's Notice of Funding Opportunity for semiconductor materials and manufacturing equipment facilities, and CRDO's Broad Agency Announcement for semiconductor R&D projects,

The IRS has issued Notice 2026-40 to address the transition from the expiring Qualified Opportunity Zone program under the Tax Cuts and Jobs Act to the new framework established by the One Big Beautiful Bill Act of 2025. This guidance provides critical safe harbors and compliance pathways for investors and qualified opportunity zone businesses navigating the shift from QOZ 1.0 to QOZ 2.0, including specific relief for projects that began before 2026 but will continue development beyond the original program'

This Advisory is a companion to our June 2026 Advisory on the proposed rule (Docket No. USDA-2026-0001; RIN 0560-AI70) published by the U.S. Department of Agriculture (USDA) on June 25, 2026, that would, if finalized in its current form, make significant changes to the Agricultural Foreign Investment Disclosure Act (AFIDA). Here, we focus more closely on the proposed expanded definition of “foreign persons” subject to filing requirements under AFIDA.

Herbert Smith Freehills Kramer's global FDI team provides an interactive map and comprehensive country-by-country guide examining foreign direct investment and public interest control processes across key jurisdictions. How are evolving FDI regulations reshaping cross-border investment strategies in an increasingly complex regulatory landscape?

Greenberg Traurig attorneys explore the writ of mandamus as a federal litigation tool to compel government action when immigration agencies unreasonably delay case adjudications. The discussion examines mandamus applications across various immigration contexts, including EB-5 investor visas, family-based immigration, naturalization, and employment authorization, while addressing the challenges of consular delays and the doctrine of consular non-reviewability.

When the Office of Foreign Assets Control (“OFAC”) sanctions a person or entity by adding that person or entity to OFAC’s Specially Designated Nationals and Blocked Persons List, or SDN List, their property...

Geopolitical volatility and the desire for defense resilience are creating a powerful new investment cycle, with governments looking to mobilize private capital to scale industrial capacity, particularly in dual-use and technology-led assets. But this is not a conventional market: complex regulation, political oversight and constrained deal dynamics demand a fundamentally different approach from investors seeking to participate.