TOP IMMIGRATION AT TORNEYS
CLETUS M. WEBER
PENG & WEBER PLLC | PARTNER
Cletus M. Weber is a partner at
Peng & Weber PLLC, a Seattle-
based immigration law firm
internationally recognized in
EB-5 and other U.S. immigration
law. He represents EB-5 regional centers, projects and
investors in all facets of EB-5. Weber serves on the board
of IIUSA and previously served on AILA’s national EB-5
Committee. Weber is an author of “The EB-5 Handbook:
A Guide for Investors and Developers” (EB5investors.com
2014); senior editor of “Immigration Options for Investors
& Entrepreneurs,” 2nd-4th Eds. (AILA 2010-2018); and an
invited reviewer of the EB-5 section of Kurzban’s Immigration
Law Sourcebook, 14th-16th Eds. (AIC 2014-2018).
WHAT TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
As mainland China EB-5 market drops off, the overall world
market steadily grows. Vietnam and India markets expand,
but backlogs will eventually slow them as well. Investors
from backlogged countries still desire to immigrate, but
EB-5 backlogs create interest in faster alternatives, such as
EB-1A aliens of extraordinary ability and EB-1C multinational
managers or executives. Although perfect for a small
percentage of otherwise EB-5 investors, these alternatives
do not work well for most petitioners. Regional centers
continue to pursue investors the world over. Overall industry
continues to push Congress to increase the EB-5 visa quota.
WHY DID YOU GET INVOLVED
IN THE EB-5 INDUSTRY?
EB-5 is complex, multidisciplinary, interesting and challenging.
It resides at the intersection of my lifelong interests in law,
business, politics, entrepreneurialism, real estate, construction,
economics, finance, teamwork, world travel, culture and
language. EB-5 is a natural place for me after having earned my
way through business school and law school by working in
construction and interning at the Securities and Exchange
Commission, having previously practiced corporate and real
estate law and having taught myself basic Chinese. I love the
success stories of investors. I also enjoy the teamwork inherent
in project-related work for regional centers and developers.
MITCH WEXLER
FRAGOMEN | PARTNER
Mitch Wexler is a partner with
Fragomen, the leading global
immigration firm. He manages
the firm's Los Angeles, Irvine
a n d S a n D i e g o , C a l i fo r n i a
of f i c e s . We x l e r s e r ve s o n
the firm's executive committee and has been practicing
immigration law for over 33 years. He represents high
net worth individuals (EB-5) and employers of all sizes in
managing their visa/immigration programs and foreign
national portfolios. Wexler is a State Bar of California
certified specialist in immigration and nationality law. He is
also a frequent lecturer and teaches a module on business
immigration law, including EB-5, at UC Irvine School of Law.
WHAT TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
Although we are seeing adjudication times at USCIS speed
up a bit, we are seeing them up the standard on source of
funds documentation, which is why we spend extra time
with clients making sure every dollar is accounted for and
will pass muster. Another trend we are seeing, primarily with
India-born clients, is to have children at about 16 or 17 years
of age be the principal investor/applicants to reduce the
odds of aging out. The upcoming retrogression in mid-2019
is causing applicants to rethink whether it remains safe for a
parent with an older child to be the principal applicant.
WHY DID YOU GET INVOLVED
IN THE EB-5 INDUSTRY?
I got into the wonderful world of EB-5 really out of necessity.
We come across many clients looking for a relatively quick
way to immigrate that does not require sponsorship by a
U.S. employer. Many are entrepreneurs not looking for a job
in the U.S. Quite to the contrary. Many EB-5 clients are serial
job creators/employers, not employees. Another reason is
the extremely long backlogs for my Indian clients in the EB-2
and 3 categories. They needed another green card option
that would achieve the objective much quicker so they can
move on with their lives.
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