EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 57

TOP LITIGATION AT TORNEYS IRA KURZBAN KURZBAN, KURZBAN, TETZELI & PRATT P.A. | PARTNER Ira Kurzban was retained by one of the first EB-5 regional centers to represent individual investors and has since spent the last 20 years involved in the program. Today, Kurzban, Kurzban, Tetzeli & Pratt P.A. is a go-to immigration litigation firm. Kurzban has been a partner in the firm’s Miami office for over three decades and is the chair of the immigration department. Kurzban and his team handle more than 90 percent of all federal litigation cases for the EB-5 Immigrant Investor Visa program. Kurzban has been listed for over 35 years in the Best Lawyers in America. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION? Today and in the near future, there will undoubtedly be more litigation by investors dissatisfied with USCIS policies as well as the actions of bad actors in a limited number of regional centers and new commercial enterprises. We are seeing the rise of SEC involvement in the field; the challenges brought about by delays in adjudications; the age-out process of children due to the method of counting derivatives in the EB-5 category; and the unreasonable interpretations of “at-risk,” “redemption agreements,” “ job creation” and “investment.” All of these challenges will lead to further litigation in the near term. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY AND WHAT DO YOU HOPE TO ACHIEVE? EB-5 has been an exciting intellectual and strategic challenge because it is an emerging and constantly changing area of immigration law. For example, we recently filed a lawsuit to challenge the way in which spouses and children are counted for visa purposes in the EB-5 category. No one previously challenged the concept that derivative family members in the EB-5 context must be issued separate visas when counting their investor spouse. Congress mandated that 10,000 visas should be issued to investors, yet the majority of visas go to spouses and children. Our lawsuit may dramatically effect visa allocation in the future. JOHN P. PRATT KURZBAN, KURZBAN, TETZELI & PRATT P.A. | PARTNER John P. Pratt is a partner at Kurzban, Kurzban, Tetzeli & Pratt P.A. He has a bachelor’s degree from Florida State University and a juris doctor from Tulane University. He has admitted to bar in Florida, New York and Washington, D.C., as well as various federal district and appellate courts. He serves on the board of governors for the American Immigration Lawyers Association, is AV rated by Martindale-Hubbell and is certified by the Florida Bar in immigration and nationality law. He concentrates in all areas of immigration and nationality law, including complex EB-5 federal court litigation. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION? There will be an increase in litigation by regional centers, projects and/or investors based on shifting and undefined USCIS policies, inconsistent adjudications, and I-526/I-829 USCIS arbitrary and incorrect legal and factual denials. In addition, there will be an increase in litigation by investors against projects due to bad acts, redeployment/management decisions, and other civil commercial actions. There will be a coordinated effort between civil commercial litigators and immigration law litigators to protect investor's interests and overcome or prevent adverse USCIS EB-5 adjudications. Additionally, there is a trend of increased litigation representing investors in USCIS I-829 denied petitions in removal proceedings. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY AND WHAT DO YOU HOPE TO ACHIEVE? I started my involvement because I was litigating complex immigration cases in federal courts. Also, when I started my career with Ira Kurzban, we were litigating complex EB-5 cases, which eventually lead to the only federal court circuit decision in EB-5, Chang v. U.S., 327 F.3d 911. EB-5 involves complex corporate, securities, immigration and job economic methodologies issues that are challenging. In addition, federal court litigation is very rewarding because it can achieve amazing results, such as overcoming denials, and is the best mechanism to restrict USCIS from arbitrary adjudications that do not conform to facts, the statute or regulations. EB5INVESTORS.COM 57