EB5 Investors Magazine Volume 7, Issue 2 | Page 52

TOP IMMIGRATION AT TORNEYS DARREN B. SILVER DARREN SILVER & ASSOCIATES, LLP Darren B. Silver is the founding pa r tn e r of Da r r e n S il ve r & Associates, LLP. Silver has a c a r e e r o f o ve r 2 5 y e a r s e xc l u s i ve l y i n t h e f i e l d of immigration. Over his career, Silver has enjoyed working within the different areas of immigration law with an emphasis on business and investment related immigration. Silver has devoted a large segment of his practice to the area of EB-5 and is proud of the work that his firm has contributed to the EB-5 community. He has successfully filed over 4,000 EB-5-related applications. Silver has been a long-standing member of AILA, IIUSA and has been awarded a Super Lawyer in his field. WHAT ARE YOUR THOUGHTS ON THE EB-5 MODERNIZATION CHANGES THAT TOOK EFFECT IN 2019 WITH THE INCREASED INVESTMENT AMOUNTS? From a fiscal and inflationary view, the changes were reasonable and have been long overdue. However, from a practical view, as with any significant increase in taxes or fees, a slower, staggered-out increase would have allowed for quicker acceptance. Because of the dramatic and instant increase, we are seeing sticker shock and slow acceptance. However, the good news is that once the shock of the increase settles in, I strongly believe that investors will come to the realization that $900,000 is still an extraordinary reasonable investment amount for U.S. permanent residency. WHAT NEW TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? Due to the higher investment threshold, we are seeing an uptick in interest from more sophisticated investors. These investors are looking for projects that offer more competitive and attractive investment opportunities. In addition, we are seeing what looks like a cognitive move on USCIS’s part to damper the waiting times for EB-5 applicants. Specifically, we have recently seen a more lenient use of Chart B in the visa bulletin, allowing for those applicants inside the U.S. to file adjustment earlier than their priority dates. Finally, USCIS has recently announced changes to adjudication timing to favor those countries that are not retrogressed. CHRISTIAN TRIANTAPHYLLIS JACKSON WALKER, LLP Christian Triantaphyllis is a partner at Jackson Walker, LLP where he focuses his practice on business immigration mat ters, par ticularly those related to EB-5 investments and investor visas. Triantaphyllis represents foreign nationals in the filing of EB-5 cases and advises on lawful sources of investment funds. In his practice, Triantaphyllis regularly serves as counsel to real estate developers and regional centers to facilitate EB-5 projects. He also represents clients to acquire work authorization for employees and advises on visa options involving startup companies in the United States. Triantaphyllis has authored numerous articles and is a frequent speaker on the EB-5 program. WHAT ARE YOUR THOUGHTS ON THE EB-5 MODERNIZATION CHANGES THAT TOOK EFFECT IN 2019 WITH THE INCREASED INVESTMENT AMOUNTS? A positive aspect of the EB-5 modernization changes is that investors, project developers and attorneys now have more predictability for the foreseeable future regarding the EB-5 52 EB5 INVESTORS M AGAZINE investment amounts. For several years, there was a great deal of uncertainty as to when and by how much the EB-5 investment amounts would increase, and the EB-5 industry operated under a series of short-term deadlines anticipating changes to the EB-5 program. However, there are still improvements to be made to the EB-5 program, which can be done more through legislative action that takes a more holistic approach towards modernizing the EB-5 program. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? Since the EB-5 modernization changes came into effect, the EB-5 industry has been focusing on educating foreign national investors about the increased investment amounts and new requirements for qualifying as a targeted employment area. EB-5 developers in 2020 appear more focused than before on rural, infrastructure and service industry projects, while at the same time continuing to market projects in urban locations, resulting in a healthy variety of offerings in the EB-5 marketplace. EB-5 investors and brokers around the world remain interested in the program, and I foresee relationships strengthening among those who are involved with facilitating the EB-5 immigration process.