EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 - Page 45

TOP IMMIGRATION ATTORNEYS
KRISTAL OZMUN
MILLER MAYER

Kristal Ozmun is a partner with Miller Mayer LLP . Ozmun represents an array of business and individual clients on employment-based immigration matters . Ozmun is recognized in the fifthemployment based immigrant preference category . She represents EB-5 regional centers in designation , compliance , and governance and also advises EB-5 immigrant investors in navigating the immigration process . She is a well-known advisor and prolific speaker and writer on the subject . Ozmun is a member of the American Immigration Lawyers Association ( AILA ) and also serves as a co-chair of the Best Practices Committee of Invest in the USA ( IIUSA ), the EB-5 Trade Association .

WHAT DO YOU THINK ABOUT THE EB-5 REFORM AND INTEGRITY ACT OF 2022 ?
The EB-5 Reform and Integrity Act of 2022 takes many steps in the right direction . Pros include concurrent filing of I-526 petitions and adjustment of status ( AOS ) applications for petitioners with current priority dates , grandfathering and protection provisions , and integrity measures . However , making 245 ( k ) protection available to EB-5 investors is perhaps one of the most important yet least talked about provisions in the Act . Section 245 ( k ) is an exemption available to certain AOS applicants who have failed to continuously maintain a lawful status , engaged in unauthorized employment , or otherwise violated the terms of their nonimmigrant status .
WHAT NEW TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY ?
It ’ s difficult to concretely identify new trends at such an early juncture . Looking ahead , I would expect the market to shift in favor of projects located in rural areas due to the reservation of 20 percent of EB-5 visas for petitioners investing in such projects .
NATALIA POLUKHTIN
GLOBAL PRACTICE GROUP

Natalia Polukhtin , attorney at Global Practice ( Scottsdale , AZ ), specializes in investment immigrant and non-immigrant visa categories . Native to Moscow , Russia , Polukhtin earned her graduate and undergraduate degrees from Moscow State University before obtaining a law degree from Mercer University School of Law . She developed unique expertise in documenting source of funds originated from CIS-countries and published several articles on integration of non-traditional sources of funds , such as cryptocurrency , into the EB-5 process . Polukhtin is a recipient of multiple professional awards , including Top 25 EB-5 Attorneys by EB5 Investors Magazine and recognition from IIUSA . She is a longstanding member of the Executive Council of the Immigration Law Section of the State Bar , a blogger , speaker , and an author of a comprehensive guide written in Russian to business immigration to the U . S .

WHAT DO YOU THINK ABOUT THE EB-5 REFORM AND INTEGRITY ACT OF 2022 ?
EB-5 Reform and Integrity Act brings numerous changes to the EB-5 industry , most of which is welcomed by both investors and regional centers . Placing a greater emphasis on transparency , regulation of agents and protection for investors and project developers alike , the Act may become the most significant reform that the industry has seen . However , the reform itself is not going to modernize the industry without the Agency ’ s efforts in expediting adjudication of EB-5 petitions and restoring confidence in prospective investors who rely on efficiency of government institutions .
WHAT NEW TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY ?
With concurrent filing currently allowed to EB-5 investors present in the U . S ., the industry is going to see more interest from prospective applicants staying in the United States on student or work visas . This trend that will undeniably result in increased marketing efforts within the U . S . will increase demand for securities attorneys to ensure compliance with SEC offering requirements . The period of political turbulence in Europe in the past year made U . S . immigration through investment market more desirable for investors from that region , thus opening new marketing opportunities for EB-5 developers . Additionally , high-net-worth individuals from the CIS countries are developing a perception of the EB-5 program as an asset protection mechanism , rather than an immigration tool . They developed higher tolerance for the longer adjudication time , as long as they invest in credible projects with predictable return on investment .
EB5INVESTORS . COM 45