EB5 Investors Magazine "Top 25 Awards Edition" Volume 8 Issue 1 - Page 57

TOP LITIGATION AT TORNEYS DAN LUNDY LITIGATION ATTORNEYS EB5 INVESTORS MAGAZINE D aniel B. Lundy is a partner at Klasko Immigration Law Partners and leads the firm’s EB-5 regional center and developer practice as well as leads the litigation team. He has been deeply involved in litigating USCIS denials of EB-5, and delays in adjudicating cases. He advises clients on EB-5 projects involved in civil litigation. Lundy has litigated more than 100 cases, including adjustment of status and waiver denials; I-526 and I-829 denials; H-1B, L-1, EB-1 and other immigration denials; denials of asylumbefore the U.S. District Courts, U.S. Courts of Appeals, and the U.S. Supreme Court. WHAT NEW TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION? Investors, tired of long and unpredictable processing times, have been filing more mandamus actions to compel USCIS to act quickly in adjudicating their cases. This has resulted in more resistance to mandamus by the government. The vast majority still settle, and mandamus is often the only way to get USCIS to act. USCIS is notorious for making policy changes without notice and applying them retroactively. Two issues currently being litigated are the changes to the redeployment policy and the so called “value transfer exchange,” where an investor uses a third party to swap foreign currency for U.S. dollars. WHAT HAS BEEN YOUR MOST IMPACTFUL LITIGATION CASE, AND WHY? It’s hard to choose. We often get results for our clients through settlement, where there is no published decision. In terms of EB-5 decisions, Mirror Lave Village, LLC v. Wolf, 971 F.3d 373 (D.C. Cir. 2020). The court held that the investment was at risk even though the investors had a right to request their money back at a certain because there was no guaranty that they would ever get any money back. This reversed a USCIS policy that EB-5 investment agreements can never provide an opportunity for investors to ask for their money back. Law Offices of Robert V. Cornish, Jr., PC Announces Its opening for the handling of securities and litigation matters for the EB-5 community and its investors, including mediation services. Washington, DC Office: 1701 Pennsylvania Avenue NW, Suite 200 Washington, D.C. 20006 Email: rcornish@rcornishlaw.com Jackson, WY Office: 680 South Cache Street, Suite 100 Jackson, WY 83001 Tel: Office: (307) 264-0535 Fax: (571) 290-6052 EB5INVESTORS.COM 57