HomeWebcastThe EB-5 Program Reform: What Your Firm Should Be Aware Of in 2017
Online CLE EB-5 Program CLE

The EB-5 Program Reform: What Your Firm Should Be Aware Of in 2017

Live Webcast Date: Wednesday, May 17, 2017 from 12:00 pm to 2:00 pm (ET)
CLE Immigration LawRecording

Online CLE EB-5 Program

Join us for this Knowledge Group Online CLE EB-5 Program Webinar. Over the years, the EB-5 Immigrant Investor Program has been true to its promise of boosting foreign capital investments and providing quality jobs for Americans. However, due to the rising fraud incidents involving investors and regional centers, key legislators believe that EB-5 reform should be included in the Program's reauthorization. Recently, three separate bills have already been proposed by the House of Representatives. These bills, if approved, will considerably enhance the EB-5 Program particularly in detecting fraud and protecting investors. Thus, it is crucial for companies to be aware of the critical issues and latest developments to mitigate litigation risks.

In this two-hour Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will provide the audience with an in-depth discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding the EB-5 Program Reform. Speakers will also offer best practices in ensuring compliance with securities laws.

Some of the major topics that will be covered in this course are:

  • EB-5 Immigrant Investor Program – An Overview
  • Significant Court Decisions
  • Common EB-5 Violations
  • EB-5 Reauthorization and Reform
  • Best Practices in Mitigating Litigation Risks

Who Should Attend

  • Finance Lawyers
  • Foreign Investors
  • Foreign Investment Lawyers
  • Immigration Officers
  • Chief Financial Officers
  • Financial Reporting Managers
  • Fund Managers
  • Investment Advisers
  • In house M&A practitioners
  • Other Interested Professionals

Faculty

Online CLE EB-5 Program
Carolyn S. Lee
Partner
Miller Mayer, LLP
Online CLE EB-5 Program
Osvaldo F. Torres
Shareholder
Torres Law, P.A.
Online CLE EB-5 Program
Matthew Sava
Partner
Reid & Wise LLC
Online CLE EB-5 Program
Mickayla Zinsli
Director of EB-5 Services
Baker Tilly Capital, LLC

Click Here to Read Additional Material

Online CLE EB-5 Program

EVENT MODERATOR:
Carolyn S. LeePartner
Miller Mayer, LLP

                BRIEF INTRODUCTION

SEGMENT 1:
Osvaldo F. TorresShareholder
Torres Law, P.A.

  • Introduction to the EB-5 Program
  • What is a TEA and how it is designated in practice
    • Gerrymandering issue
    • Rural versus urban debate regarding TEAs
  • Minimum Investment Amount
    • Debate over whether these amounts should increase, and if so, to what amount
    • Purported reasons for changing the minimum investment amount (e.g. to account for inflation, to make the EB-5 Program more competitive with other countries’ immigrant visa programs, and to alleviate the VISA backlog)

SEGMENT 2:
Matthew SavaMember
Reid & Wise LLC

(Litigation perspective)

  • Types of Claims In EB-5 Litigation
    • Securities
    • Breach of Contract
    • Fraud / Negligent Misrepresentation
    • Challenges to USCIS Determinations
  • Illustrative Cases
    • SEC v Muroff — SEC Action
    • Mao v US Bank — Contract Claim
    • John Doe v USCIS — Challenge to USCIS Denial of I-526 Petitions
  • Practical Guidance
    • How industry participants can mitigate litigation risks

SEGMENT 3:
Carolyn S. LeePartner
Miller Mayer, LLP

(EB-5 project creation perspective)

  • What’s the current state of legislation and regulations
  • Any residual discussion of TEAs, picking up from Ozzie’s presentation
  • What to expect for the remainder of 2017
  • Prospect of new regulations – highlights of NPRM and ANPRM
  • New requirements of EB-5 projects under new proposed laws and regulations
  • New requirements of Regional Centers under new proposed laws and regulations – Compliance regime
  • Regional Center Compliance Audits

SEGMENT 4:
Mickayla ZinsliDirector of EB-5 Services
Baker Tilly Capital, LLC

(Investment banker perspective)

  • Value of a Broker Dealer
  • Targeted Employment Areas
    • Background on TEAs as they stand today
    • GAO report
    • Proposed new definitions
    • TEA administration going forward
  • Regional Center Operations
    • JCE Site Visits
    • RC Audits

Online CLE EB-5 Program

Online CLE EB-5 Program

Carolyn S. LeePartnerMiller Mayer, LLP

Carolyn is the Managing Partner of Miller Mayer’s EB-5 Group. Carolyn’s practice focuses on EB-5 Regional Centers, developers, funds, and investors.  She is currently the Vice Chair of American Immigration Lawyers (AILA) national EB-5 Committee, and has previously served as Chair.  Carolyn has served as industry leader in EB-5 legislation and policy advocacy, authoring and editing key commentary of AILA and Invest in the USA (IIUSA), the EB-5 regional center trade association.  Carolyn speaks nationally and internationally on EB-5 and is the author of leading EB-5 publications, including EB-5 Regional Center Program Reauthorization: 2015 (PLI, December 2015), Material Change: Managing the Inevitable During EB-5 Visa Retrogression (PLI, December 2014), State Designations of EB-5 Targeted Employment Areas (IIUSA, March 2014), and Effect of Material Change Doctrine in EB-5 Deference Policy (AILA 2012).  Carolyn is listed in the International Who’s Who of Corporate Immigration Lawyers and in The Best Lawyers in America in the practice area of Immigration Law.

Online CLE EB-5 Program

Osvaldo F. TorresShareholderTorres Law, P.A.

Osvaldo F. Torres, Esq. is a 1987 graduate of the University of Pennsylvania Law School.  For his entire professional career spanning nearly 30 years, Mr. Torres has counseled clients on complex transactions, including securities offerings and large mergers and acquisitions.  For the last 6 years, Mr. Torres has been immersed in EB-5 work and has prepared numerous offerings involving hotel development, multi-family residential construction, senior independent living complexes, healthcare companies, restaurants, franchised services and others.  Mr. Torres frequently speaks at EB-5 conferences on securities issues and other aspects of the EB-5 practice.  He is a member of the EB-5 SEC Roundtable, a group of distinguished securities law practitioners in the EB-5 space.  He also serves on IIUSA’s President's Advisory Council and its Compliance, Public Policy and Editorial Committees, and also on the Steering Committee for the EB-5 Investment Coalition.  Mr. Torres is rated AV® Preeminent by Martindale-Hubbell and ranked a Top 15 EB-5 Securities Attorney by EB-5 Investors Magazine.  In addition, Torres Law has been selected as a Medallion Partner by NES Financial.  Mr. Torres has worked as a corporate and securities attorney at several large and prestigious law firms, including Schulte Roth & Zabel in New York and Greenberg Traurig in Miami, and has served as General Counsel for Telemundo Group and HBO Latin America.

Online CLE EB-5 Program

Matthew SavaPartnerReid & Wise LLC

Matthew Sava is the Head of Litigation at Reid & Wise LLC. Matthew has more than 20 years’ experience in commercial litigation matters and has represented many clients in EB-5 related litigation. His main areas of practice include securities, breach of contract, commercial transactions, partnership disputes, and international arbitration. Matthew was formerly a litigation attorney with Skadden, Arps, Slate, Meagher & Flom LLP, a partner with litigation firm Shapiro Forman Allen & Sava LLP, and General Counsel of Afa Dispensing Group BV.

Online CLE EB-5 Program

Mickayla ZinsliDirector of EB-5 ServicesBaker Tilly Capital, LLC

Mickayla Zinsli, director of EB-5 services at Baker Tilly Capital, has been with the firm since the addition of Wright Johnson’s EB-5 practice in 2017. Mickayla has been in the EB-5 industry since 2013, bringing a unique EB-5 operational background to the team. She was formerly the director of a regional center, navigating the many challenges that come with EB-5. 

Online CLE EB-5 Program

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in immigration law

Course Code:
   145981

NASBA Field of Study:
   Business Law - Technical

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

For almost 20 years, Miller Mayer has provided exceptional counsel to regional centers, developers and individual investors seeking EB-5 capital and visas. Miller Mayer has counseled clients in raising over $5.5 billion in EB-5 funding for projects all around the United States. The EB-5 Practice Group combines an unsurpassed depth and breadth of experience with a demonstrated and unrivaled capacity to achieve approval of EB-5 projects and immigrant visas. Miller Mayer has the proven experience, expertise, and knowledge of EB-5 law to guide clients over the complex and evolving standards of EB-5 adjudication.

Website: https://www.millermayer.com/

Torres Law, P.A., is a boutique South Florida law firm that concentrates on complex corporate and securities law matters.  We counsel on a variety of offerings, including multiple EB-5 projects, and on joint ventures, mergers and acquisitions, financings, employment, licensing, distribution, franchising and company formation matters.  We are trusted advisors to real estate investment firms, regional centers and real estate developers and project operators.  We are fortunate to enjoy success because our clients trust our work and value our trust and dedication to their legal matters.

Website: https://www.torreslaw.net/

Reid & Wise LLC is an international law firm that provides premium legal services. Reid & Wise has a sophisticated cross-border transactional practice, is a recognized leader in counseling clients in EB-5 investor immigration issues, and has a broad-based commercial litigation practice.  Reid & Wise has offices in New York, Shanghai and China.

Website: https://www.reidwise.com/

Baker Tilly Capital, LLC has expanded its EB-5 service offering with the strategic combination of Wright Johnson’s EB-5 consulting practice. Wright Johnson is recognized as one of the most successful providers of comprehensive consulting services for EB-5. Baker Tilly Capital is a broker-dealer member of FINRA and wholly-owned by Baker Tilly Virchow Krause, LLP. Baker Tilly Capital is approved to offer EB-5 investments, and this union leverages Wright Johnson’s high-quality consulting services to make Baker Tilly Capital one of the largest EB-5 consulting firms in the US and a preeminent partner for EB-5 projects.

Website: https://www.bakertillycapital.com/

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