TOP IMMIGRATION AT TORNEYS
NICOLAI HINRICHSEN
MILLER MAYER | PARTNER
Nicolai Hinrichsen has over
a d e c ad e of ex p e r ie n c e in
E B - 5 i m m i g r a t i o n l a w. H e
represents regional centers
and developers in structuring
EB-5-compliant projects either
through initial regional center designation applications
or by partnering with existing regional centers. He also
represents individual investors obtaining permanent
resident status through regional center or direct EB-5
investments. Prior to joining Miller Mayer, Hinrichsen
practiced corporate and securities law in San Francisco and
Paris, France. He is a member of AILA and the New York
and California state bar. He received his J.D. from Boston
University School of Law and his B.A. from UC Berkeley.
WHAT TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
With retrogression effectively quashing China’s EB-5 market,
regional centers and developers have generally reduced the
size of capital raises. In addition, fund raising has shifted
from China to smaller EB-5 markets like Vietnam, South
Korea, India and Brazil. These markets have experienced
robust growth in 2018, a trend that despite (or perhaps
because of) current or looming retrogression should
continue into 2019. Industry practices will continue to face
increased scrutiny and enforcement from regulators, even
as we await potential regulations or legislation.
WHY DID YOU GET INVOLVED
IN THE EB-5 INDUSTRY?
Seeking a new professional challenge after years of
practicing corporate law for a Fortune 500 company in Paris,
France, and then securities law for a leading U.S. law firm in
San Francisco, I began working at Miller Mayer in 2007. With
my esteemed colleague Stephen Yale-Loehr as a
consummate mentor, my EB-5 knowledge developed in
tandem with the program’s rapid growth following the 2008
financial crisis. For over a decade now, I’ve been an integral
member of Miller Mayer’s EB-5 team. In 2013, I opened our
branch office in Shanghai, China. Recently, I’ve relocated to
Ho Chi Minh City, Vietnam.
DAVID HIRSON
DAVID HIRSON & PARTNERS, LLP | MANAGING PARTNER
David Hirson is the managing
p a r t n e r of D av i d H i r s o n &
Par tners, LLP. He has been
cer tified as a specialist in
immigration and nationality
law by the State Bar of
California since 1990, and has worked on EB-5 cases since
the program was established. Hirson filed many of the EB-5
cases that were approved throughout the first 10 years
of the EB-5 visa program. His memberships include the
immigration law sections of the Los Angeles County Bar
Association and the Orange County Bar Association; the
Law Association for Asia and the Pacific; and the American
Immigration Lawyers Association.
WHAT TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
The EB-5 industry is moving forward on a significantly
smaller scale compared to the last couple of years. While
this is sad, it was to be expected, given visa availability, the
ability to transfer investment funds out of certain countries,
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EB5 INVESTORS M AGAZINE
and the investor market. EB-5 regional centers and projects
are now exploring and implementing new investment
models that combine EB-5 requirements with either more
traditional fund-model attributes or even more innovative
ideas. The industry continues to need more guidelines
provided by USCIS in order to see how to effectively operate
the industry in the immediate future and beyond.
WHY DID YOU GET INVOLVED
IN THE EB-5 INDUSTRY?
Having immigrated from South Africa as a young
professional, I became involved in the immigration industry
out of love and understanding for the dream that every
immigrant businessman and woman has to come to America
and work hard. The EB-5 industry is the embodiment of
foreign nationals both living and contributing to the
American dream, coming to the U.S. for a better life and
providing a better life for U.S. workers. I was fortunate to
help a client successfully file one of the first EB-5 petitions
ever filed in 1991, and have loved working in the industry
ever since.