EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 34

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, 34 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.