EB5 Investors Magazine "Top 25 Awards Edition" Volume 8 Issue 1 - Page 53

TOP CORPORATE AT TORNEYS OSVALDO TORRES CORPORATE ATTORNEYS EB5 INVESTORS MAGAZINE O svaldo F. Torres, Esq. graduated from the University of Pennsylvania Law School in 1987. During his 34-year career, Torres has helped clients navigate complex corporate and securities transactions. For the past 10 years, Torres has been immersed in the EB-5 space. He regularly represents regional centers, developers and issuers with offering, loan and redeployment matters for hotel, multi-family, senior living, franchising and other projects. Torres frequently speaks at EB-5 conferences on securities issues. He is a member of the EB-5 SEC Roundtable, serves on IIUSA’s Leadership, Public Policy and Editorial Committees, and is rated AV Preeminent by Martindale-Hubbell. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? With visa backlog impacting mainland Chinese, Vietnamese and Indian investors, and continued regulatory uncertainty, the pipeline for new EB-5 business is diminishing. Visa backlog also contributes to more of our regional center clients having to deal with investor withdrawals. Issuers are facing increasing pressure from investors to release them from the projects and return investor funds. In many cases, it is prudent to allow for voluntary investor withdrawals, even if they may not have a contractual right to demand withdrawal. Of course, this may strain already challenged projects, but it is usually best to be rid of disgruntled investors. HOW ARE YOU HANDLING THE ISSUE OF REDEPLOYMENT? Redeployment remains a difficult issue that is riddled with contentions. It is a complex issue. Poor USCIS guidance is not helpful. The competing interests of projects and investors further complicates matters. We are currently dealing with several redeployments. They are each troubled by various issues, including whether the NCE has sufficient authority to redeploy. Valuation and the fairness of the redeployment deal are recurring issues. Clearly, projects must be well-counselled to navigate the alternatives and potential outcomes. Corporate clients should understand the business judgement rule and conform their behavior accordingly to benefit from the protections of the rule. Securities counsel to EB-5 issuers info@kingstonpetersen.com • + 1 (206) 257-2107 EB5INVESTORS.COM 53