With some careful research and due diligence , NCEs can explore redeployment options that can generate marketcompetitive returns , reduce investor risk , and ultimately preserve and enhance the reputation of regional centers , by presenting win-win solutions for all stakeholders .
Because a good portion of EB-5 deals involve affiliated structures where the same principals control both the NCE and the JCE , in other words a conflict of interest is present , then the entire fairness analysis informs us that the “ process ” matters . As such , quite simply , as a manager making a redeployment decision , you will want to make sure that you have as many arrows in your quiver as possible . That goes to being “ informed ” and being able to rely on professional advice . For this reason , it is recommended to obtain an opinion from a well-recognized EB-5 immigration firm as to the adequacy ( from an immigration compliance perspective ) of the contemplated redeployment . While it is very likely that you will not receive an iron clad opinion ( what legal opinion is ever iron clad ), the opinion may provide the necessary comfort for the manager to proceed . There also may be instances where a valuation or some other independent financial analysis or appraisal should be obtained . The point , of course , being that the manager should arm itself with as much reasonable support for its decision as possible .
Phil Cohen is the president of Strategic Element Inc ., and a vice president at Altytude Advisers . Strategic Element has been offering business plans and feasibility studies to the EB-5 industry since 2010 , and has participated in offerings raising over $ 3.5 billion in EB-5 capital . In 2018 , Cohen expanded his involvement in the EB-5 industry by participating in the development and launch of Altytude Advisors to address EB-5 redeployment . Altytude works closely with a platform of independently verified private credit fund managers , which currently has over $ 600 million in assets under management . Cohen regularly speaks at and participates in EB-5 events and conferences including EB5 Investors Magazine , iGlobal Forum and AILA . He was also the founder of The EB-5 Definitive Guide .
Jessica DeNisi is a senior associate with Greenberg Traurig , LLP . DeNisi works with developers and investors who seek to use foreign capital under the EB-5 program to fund job-creating projects as well as E-2 treaty investors . Prior to practicing immigration law , DeNisi worked as a tax and business attorney . She completed her undergraduate studies at Wake Forest University and earned an M . A . in Near Eastern studies from the University of Arizona . She received her JD from Tulane University Law School and a master ’ s degree in taxation from the University of Washington School of Law .
Osvaldo F . Torres , Esq ., a graduate of the University of Pennsylvania Carey Law School , has , over his 35-year career , helped clients navigate complex corporate and securities transactions . For the past 12 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 is frequently invited to speak 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 .
1 USCIS Policy Manual , Volume 6 , Part G , Chapter 2 .
2 Id .
3 A reasonable time has been defined by USCIS as twelve ( 12 ) months or one year . Policy Manual ,
Volume 6 , Part G , Chapter 2 .
4 USCIS Policy Manual , Volume 6 , Part G , Chapter 2 .
5 https :// www . uscis . gov / working-in-the-united-states / permanent-workers / employment-basedimmigration-fifth-preference-eb-5 / eb-5-questions-and-answers-updated-april-2022
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