EB5 Investors Magazine Volume 7, Issue 2 | Page 78

TOP AT TORNEYS IN SPECI ALIZED FIELDS LINCOLN STONE STONE GRZEGOREK & GONZALEZ LLP Since 1991, Lincoln Stone has successfully helped several thousand families obtain U.S. permanent residency through investment. He specializes in achieving solutions for denied or challenged cases, and advising about complex business structures and litigation. He has been an immigration counsel for regional centers and organizations in raising $5 billion in EB-5 capital in over 200 different job-creating enterprises. Stone draws from broad private law experience in business litigation and transactions, and U.S. government experience in cour ts and litigation. His approach is interdisciplinary, international and focused on the goals of migrant families. His formal education is in law, business, humanities and global health. HOW WOULD YOU LIKE TO SEE THE EB-5 INDUSTRY CHANGE FOR A BETTER FUTURE? Since 1991, the EB-5 program has been constrained by the lack of clear and fair agency policies. Investors are exposed to program risks that were not contemplated by Congress. I would like to see that change, to see policies aligned with legislative intent to reward the investor making a good faith investment. Similarly, it would help the cause of a sustainable EB-5 program if the regional center industry could rally around to protect good faith investors, and to promote truly transformative investment that is directed to actual disadvantaged areas. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION OR ADVOCACY? Litigation is everywhere, and it should be no surprise in light of the extended processing times, visa unavailability, and hostility to immigration in general. Cases must be filed against the government for extraordinary delay, arbitrary and capricious decisions in individual cases, and unfairly terminated regional centers. It also helps when the professional service providers and principals know the pathways for navigating commercial disputes, reorganizations and liquidations, as well as SEC and other enforcement actions. CLETUS M. WEBER PENG & WEBER PLLC Cletus M. Weber is a partner at Peng & Weber PLLC, a Seat tle - based immigration law firm internationally recognized in EB-5 and other U . S . i m m i g r a t i o n l a w. H e represents EB-5 regional centers, projects and investors in all facets of EB-5. Weber serves on the board of directors of IIUSA and previously served on AILA’s national EB-5 Committee. Weber is the editor-in-chief of “ The EB-5 Handbook: A Guide for Investors and Developers”; the senior editor of “Immigration Options for Investors & Entrepreneurs, 2nd-4th Eds.”; and invited reviewer of the EB -5 section of Ira Kurzban’s “Immigration Law Sourcebook, 14th-16th Eds.” He is also listed in Who’s Who Legal: Corporate Immigration. HOW WOULD YOU LIKE TO SEE THE EB-5 INDUSTRY CHANGE FOR A BETTER FUTURE? Many changes could drastically improve the EB-5 industry, but by far the most important is also the most difficult to achieve in the short term: Congress should increase the number of EB-5 visas available to maximize the EB-5 78 EB5 INVESTORS M AGAZINE program’s ability to create jobs for American workers. It could do so simply by following the congressional intent in requiring only one EB-5 visa number for each principal and no visa numbers for any family members. Also, the government should process cases much more quickly than it does. Regional centers and investors alike should not have to pay Lamborghini fees for Yugo service. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION OR ADVOCACY? Many more clients are choosing to sue not only on unreasonably slow processing times, but also on substantive aggressiveness against regional centers and investors. Advocacy efforts are producing both more unity among industry groups and more careful consideration of a broader range of views. Nonetheless, the more things change in advocacy, the more they remain the same: ongoing disagreement about the true relevance of TEAs continues to slow down the industry’s overall advocacy efforts. We think the recent USCIS regulations are likely to be the law of the land for at least another year or two or more.