TOP IMMIGRATION AT TORNEYS
IGNACIO DONOSO
IMMIGRATION ATTORNEYS
EB5 INVESTORS MAGAZINE
F
ounder and Managing Partner
of Donoso & Partners, LLC,
Donoso is a renowned business
immigration lawyer for the United
States and Canada. Donoso’s
c a r e e r s p a n s ove r 2 0 ye a r s
as a lawyer during which he advised thousands of clients
to successfully navigate the visa systems of the U.S. and
Canada.
Donoso has been recognized among the Top 25 immigration
attorneys in the U.S. for entrepreneur visas in 2015, 2016,
2018, 2019 and 2020. He is a frequent speaker at national and
international conferences on immigration law.
HOW DO YOU THINK THE EB-5
PROGRAM SHOULD BE REFORMED?
It is likely that the EB-5 regional center will be renewed via new
legislation, which extends the program for a longer duration
(i.e., 5 years), or a temporary extension, which provides
Congress with additional time to pass more comprehensive
legislation.
Petitions filed before this point in time will likely be
grandfathered into current regulations that govern the
program. If, for any reason, the EB-5 regional center program
temporarily stops, USCIS would hold all filed petitions in
abeyance until the program is extended again. Having a
pending case will be positive in terms of being grandfathered
into the current program (and regulations).
WHAT NEW TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
The changes to the EB-5 program implemented in November
2019 along with the challenges presented due to the pandemic
resulted in many wealthy foreign nationals slowing down the
process, and waiting for the market to adjust before taking the
leap.
In this year, we have seen an increase in interest in the EB-5
program in recent months. Many investors are moving
forward, given the likelihood that doing so will allow ones’
I-526 to begin the adjudication timeline and take advantage of
good projects that have limited spots available...many of the
consulates have begun regular processing of EB-5 visas and
continue to expand as resources allow.
CHAD ELLSWORTH
IMMIGRATION ATTORNEYS
EB5 INVESTORS MAGAZINE
C
had Ellsworth is a partner at
Fragomen’s New York office.
Ellsworth has been with the firm
for more than 15 years. Ellsworth
advises high-net-worth individuals
in their immigration-related investments and liaises with
private clients to address their global entrepreneurial or
investor citizenship or residency immigration needs. Ellsworth
also advises clients on a variety of global immigration matters
with an emphasis on the establishment and improvement of
compliant global mobility programs. He was named among
the Top 25 Immigration Attorneys by EB5 Investors Magazine
in 2017. Ellsworth earned his Juris Doctor from Tulane
University School of Law.
HOW DO YOU THINK THE EB-5
PROGRAM SHOULD BE REFORMED?
My clients are hopeful that the regional center program
will be made permanent, with additional immigrant visa
numbers made available for actual EB-5 investors. The
current policy of counting dependents towards the annual
10,000 cap prejudices all EB-5 investors, but particularly
those from mainland China and Vietnam, who currently face
significant backlogs. Investors are generally looking for more
predictability from USCIS, including a more permanent timing
commitment for the program, rather than short-term program
renewals. This is particularly important given the significant
cost and risk involved to each applicant.
WHAT NEW TRENDS ARE YOU SEEING
IN THE EB-5 INDUSTRY?
Many potential investors have been on the sidelines during the
COVID-19 pandemic, given the inability to travel internationally,
coupled with the difficulties associated with conducting due
diligence remotely. As international travel restrictions are
slowly lifted, there is renewed interest in the EB-5 Program
as investors better understand the benefits of secondary
citizenship and residency that was so critical to many during
the global pandemic. Investors are now focused on the
regional center program’s June 2021 renewal, and concerned
about escrow agreement terms in the unlikely event the
program is not extended.
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