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FCPA Compliance Report

FCPA Compliance Report: Michelle Tavares on Why Compliance Teams Need EB-5 on Their Radar

In this episode, Tom Fox welcomes Michelle Tavares, a former federal government forensic accountant and former USCIS EB-5 compliance officer who helped rewrite the EB-5 statute into the Reform and Integrity Act (RIA).

Tavares explains EB-5 as an investor visa program where foreign nationals invest $1,000,000 (or $800,000 in a TEA) in U.S. projects that must create jobs, and she describes how EB-5 transactions sit at the intersection of immigration, securities, banking/AML, and corporate governance, making consistent documentation and a unified “story” critical for adjudication. She outlines the roles of regional centers, NCEs, and JCEs; the challenges of proving a lawful source of funds; and the importance of third-party oversight, KYC/AML controls, and tone-from-the-top governance. She discusses how RIA added compliance expectations, penalties, and increased scrutiny of regional centers and overseas promoters, and shares why she founded Standard & Proof Investigations to close knowledge gaps in EB-5 compliance.

Key Highlights:

  • EB-5 Basics and Why It Matters
  • RIA Overhaul and New Compliance
  • Inside the Adjudicator Mindset
  • Boardroom Governance for EB-5
  • Third-Party Oversight Essentials

Resources:

Standard & Proof Investigations

Counsel Ready

Michelle Tavares on LinkedIn

Tom Fox

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My first work of general non-fiction is now out: Deluge Before Dawn, the story of the 2025 flood in Kerr County, Texas, which killed 119 people and devastated a county. It is a story of tragedy, heartbreak, survival, and resilience.

It is available on the following sites:

Amazon.com

Stoney Creek Publishing

Barnes and Noble

Texas A&M University Press

Bookshop.org

Google.Books

Walmart

This week only, the Kindle e-book version is available for $0.99 on Amazon.