EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 29

TOP IMMIGRATION AT TORNEYS ELSIE HUI ARIAS STONE GRZEGOREK & GONZALEZ LLP | PARTNER Elsie Hui Arias is a partner of Stone Grzegorek & Gonzalez LLP, a full-service immigration law firm in Los Angeles, California. The State Bar of C a l i fo r n i a h a s d e s i g n a te d Arias as a certified specialist in immigration and nationality law. She advises regional centers and developers in preparing EB-5 investment offerings, applying for initial regional center designations and I-526 exemplar approvals, maintaining compliance, and developing strategies in tackling complex issues that emerge during the I-526 and I-829 process. She is a graduate of the University of California, Berkeley and the University of California, Davis School of Law. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? I have represented EB-5 clients since 2007, so I have observed how USCIS adjudications have evolved. First, USCIS is revising substantive legal requirements through issuance of policy with little notice or opportunity for meaningful feedback from stakeholders, which is hugely problematic for pragmatic and due-process reasons. Also, USCIS is more closely scrutinizing investor source of funds and currency exchange issues, especially where a third party is involved. A cursory presentation addressing the sources and transfers of capital will not pass muster with USCIS, even under the preponderance of the evidence standard. Transparency and consistency with investor documents are paramount. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY? I spent the first several years of my career focused on family- and employment-based immigration, as well as preparing appeals and motions for removal (deportation) cases. I joined Stone & Grzegorek LLP approximately 11 years ago, where I learned directly from Lincoln Stone, a renowned expert in EB-5 who has been practicing in this field since the early 1990s. I find the work to be rewarding because of the positive impact that EB-5 capital can have on the economy and job creation, and I get to play a small role helping investors and their families realize their American dream. EDWARD BESHARA BESHARA GLOBAL MIGRATION LAW FIRM | MANAGING PARTNER E d wa r d B e s h a r a m a n a g e s Beshara Global Migration Law Firm in Orlando, Florida. He has been exclusively practicing U.S. business immigration law and offering approvable solutions since 1983. Beshara is an active member of AILA and achieved AILA’s highest award for outstanding contributions. He is also an active member of IIUSA’s Best Practices Committee and New Investor Markets Committee. He serves on the advisory committee of the Investment Migration Council based in Geneva, Switzerland. For several years Beshara was an adjunct professor of business immigration law at the University of Florida Levin College of Law. The firm also offers global migration services. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? The residency-by-investment laws are here to stay. The EB-5 program offers an effective way for foreign investors to obtain U.S. residency while creating U.S. jobs. The program also allows U.S. businesses to obtain financing for their projects. To approach new investor markets and compete globally with other countries’ residency-by-investment programs, regional centers will need to develop competitive projects and processes that will still be successful, even though the minimum investment amounts may increase. There must be advising regional center clients on how to be competitive and predictable, and how their projects can become the most popular globally. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY? For 35 years, I have been helping foreign investors obtain E-2 and L-1 visas so that they may direct their U.S. businesses. The cost of running these businesses is substantial. The EB-5 regional center program in comparison may not be as costly and will be more predictable. The EB-5 investor does not have to worry about directing his own business but can rely on a credible U.S. business project managed by experienced operators. I began representing EB-5 investors 27 years ago, which was a natural and compatible progression for providing better options to clients contemplating E-2 or L-1 visas. EB5INVESTORS.COM 29