EB5 Investors Magazine (English Edition) Volume 5, Issue 1 - Page 97

SEC investigations into the Regional Center sponsoring the EB-5 project , adverse findings during FBI security checks , or the potential that USCIS may determine that a “ material change ” to the job-creating entity ’ s business plan has occurred , which would require the investor to file another form I-526 .
After a writ of mandamus is filed , an attorney from the U . S . Department of Justice ( DOJ ) is assigned to the case and will check with USCIS to inquire about the status of the application . The DOJ attorney will often review the substance of the case and may prefer to resolve the case through negotiation or settlement as opposed to fighting the merits of the case . However , EB-5 investors need to be aware that DOJ attorneys do not always respond with negotiation or settlement and may seek to dismiss the case .
A writ of mandamus can be a useful tool for EB-5 investors whose form I-526 petition or form I-829 petition have been pending for an unreasonable amount of time . However , because litigation can be complex and costly if done incorrectly , it is recommended that EB-5 investors only use legal counsel with experience in EB-5 and litigation to advance the case .
Bernard P . Wolfsdorf
Bernard P . Wolfsdorf is managing partner of Wolfsdorf Rosenthal LLP , a full-service immigration law firm with 30 years of experience providing immigration services . He has been a California State Bar certified specialist in Immigration Law for over 25 years , past president of the 14,500 lawyer American Immigration Lawyers Association and awarded “ Most Highly Regarded Immigration Lawyer in North America ” in 2016 and “ Immigration Lawyer of the Year ” for 2017 in Who ’ s Who Legal .
Vivian Zhu
Vivian Zhu is a partner of Wolfsdorf Rosenthal LLP , a full-service immigration law firm with 30 years of experience providing quality immigration services . She practices in the areas of EB-5 , E-2 , L-1 and EB1C investmentbased visa petitions . Zhu has several years ’ experience in corporate and securities laws primarily working with Chinese companies . Her experience includes reverse mergers , PIPEs , initial public offerings , follow-on public offerings and Exchange Act filings . She is a member of the American Immigration Lawyers Association .
Joseph " Joey " Barnett
Joseph “ Joey ” Barnett is an attorney of Wolfsdorf Rosenthal LLP , a full-service immigration law firm with 30 years of experience providing immigration services . He represents immigrant investors seeking permanent residency in the United States through USCIS-designated Regional Centers and investment in their own businesses . He also specializes in assisting individuals obtain employment-based green cards and temporary work visas and working with U . S . companies , securities attorneys , economists and other professionals to establish corporate and financing structures for capital from immigrant investors .
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SEC investigations into the Regional Center sponsoring the EB-5 project, adverse findings during FBI security checks, or the potential that USCIS may determine that a “material change” to the job-creating entity’s business plan has occurred, which would require the investor to file another form I-526. After a writ of mandamus is filed, an attorney from the U.S. Department of Justice (DOJ) is assigned to the case and will check with USCIS to inquire about the status of the application. The DOJ attorney will often review the substance of the case and may prefer to resolve the case through negotiation or settlement as opposed to fighting the merits of the case. However, EB-5 investors need to be aware that DOJ attorneys do not always respond with negotiation or settlement and may seek to dismiss the case. A writ of mandamus can be a useful tool for EB-5 investors whose form I-526 petition or form I-829 petition have been pending for an unreasonable amount of time. However, because litigation can be complex and costly if done incorrectly, it is recommended that EB-5 investors only use legal counsel with experience in EB-5 and litigation to advance the case. Bernard P. Wolfsdorf Ber ɐ@]͑ɘ́)ѹȁ]͑ɘI͕ѡ11@)ձ͕٥Ʌѥ܁ɴ)ݥѠ啅́ɥɽ٥)Ʌѥ͕٥̸!́) ɹMхє ȁѥЁ%Ʌѥ)1܁ȁٕȀԁ啅̰ЁɕͥЁѡа)ȁɥ%Ʌѥ1́ͽѥ)݅ɑq5Ё!Iɑ%Ʌѥ1ȁ)9Ѡɥt؁q%Ʌѥ1ȁѡ)eˊtȀ܁]é]1)Y٥i)Y٥iԁ́ѹȁ]͑ɘ)H́Ё00@ԁ́ȁ؁)Ʌѥ܁ɴݥѠ啅)ɥɽ٥Յ)Ʌѥ͕٥̸MɅѥ)ѡɕ́԰Ȱ0ā ٕѵд)͕٥̈́ѥѥ̸iԁ͕ٕ́Ʌ啅ϊdɥ)Ʌє͕ɥѥ́́ɥɥݽɭݥѠ) ̸͔!ȁɥՑ́ɕٕ͔)ɝ̰A%A̰ѥՉɥ̰ܵՉ)ɥ́፡Ё̸Ḿȁ)ѡɥ%Ʌѥ1́ͽѥ))͕)䈁 ɹ))͕q)t ɹЁ́ѽɹ䁽)]͑ɘI͕ѡ11@ձ͕٥)Ʌѥ܁ɴݥѠ啅́)ɥɽ٥Ʌѥ)͕٥̸!ɕɕ͕́Ʌ)ٕѽ͕́ɵЁɕͥ䁥ѡUѕ)Mхѕ́ѡɽ՝UM %LͥѕI ѕ́)ٕѵЁѡȁݸ̸͕ͥ!ͼ)ͥѥ٥Յ́х嵕е͕ɕ)ɑ́ѕɅݽɬ٥́ͅݽɭݥѠTL)̰͕ɥѥ́ѽɹ̰́ѡ)ɽͥ́Ѽх͠Ʌє)Սɕ́ȁхɽɅЁٕѽ̸)%9YMQ=IL =4(