EB5 Investors Magazine Volume 7, Issue 2 | Page 76

TOP AT TORNEYS IN SPECI ALIZED FIELDS AARON GRAU GRAU & ASSOCIATES, LLC Aaron Grau is the president of Grau & Associates, a boutique association management c o m p a ny. I n 2 018 , h e became the executive director of Invest in the USA and leveraged his companies’ management assets with IIUSA’s professional team. As an attorney, a federal lobbyist and an association executive, Grau worked with his IIUSA colleagues to strengthen the association and establish new relationships with other EB-5 industr y stakeholders and congressional offices. Their collective efforts have not only helped set the stage for meaningful federal program reform, but also helped increase IIUSA’s membership, expand its global footprint and reduce the association’s annual costs. HOW WOULD YOU LIKE TO SEE THE EB-5 INDUSTRY CHANGE FOR A BETTER FUTURE? I would like to see economic development professionals in the U.S. seek out and collaborate with EB-5 professionals, including regional centers and our foreign partners, as true economic development partners. Immigrant investors’ funding can be among the strongest and most reliable in any capital stack and they are the only investments required by law to create jobs. The EB-5 program is not only an immigration program. It is an economic development program. The sooner the economic development professionals in the U.S. embrace EB-5 as an economic development tool, the sooner policy makers will embrace EB-5’s value, and the sooner the logic of providing more visas will become clear. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION OR ADVOCACY? I see longer visa application processing times from USCIS, juxtaposed with congressional efforts to improve the EB-5 program. Despite congressional professionals’ reception to IIUSA’s efforts to educate congressional staff and develop legislation to increase integrity measures to the program, the work will stifle unless USCIS improve its administrative protocols. I see USCIS lag months, even years behind in fulfilling Freedom of Information Act requests and timely processing visa applications. I hope I see the openness and progress on Capitol Hill reflect in USCIS’ habits for the sake of the opportunity the EB-5 program presents to U.S. workers, U.S. communities and immigrant investors. H. RONALD KLASKO KLASKO IMMIGRATION LAW PARTNERS H. Ronald Klasko heads the E-2 and EB -5 investors team at Klasko Immigration L aw P a r t n e r s . H e a n d h i s team have represented thousands of investors, over 50 regional centers and many U.S. developers. Klasko currently chairs AIL A’s Administrative Litigation Task Force and served five terms as chair of AILA’s EB-5 Committee. He is also a former national president and general counsel of AILA. He is the only person who has been honored twice with the AILA Founders Award for his contributions to immigration law. He has been selected in Best Lawyers in America for over two decades. He is the North American representative of the Investment Migration Council. HOW WOULD YOU LIKE TO SEE THE EB-5 INDUSTRY CHANGE FOR A BETTER FUTURE? For the EB-5 industry to again thrive, at least 3 things have to happen, only one of which we control. We need 76 EB5 INVESTORS M AGAZINE legislation to address unrealistic and unsustainable quota delays. We need an administrative agency that views EB-5 as an important foreign direct investment and job creation program and gives it appropriate priority. Finally, we need to unify behind ameliorative legislation that significantly increases compliance oversight and deters abuses against foreign investors. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION OR ADVOCACY? Unfortunately, the immediate future of EB-5 lies in the courts. With completely unrealistic processing times for all EB-5 related petitions, mandamus complaints in federal court are often the only way to obtain adjudications. In the absence of liaison, improper legal interpretations can only be resolved in the courts. Our law firm and others are litigating many of the issues that have resulted in unprecedented denials of benefits in the EB-5 program. I expect to see significant federal court decisions overcoming unduly restrictive USCIS interpretations in the next year.