Eb5 Investors Magazine Top25 edition 2023; Issue 10:1 | Page 80

TRISTANI LAW , LLC Dennis Tristani Managing Attorney
The use of an independent expert to assist in the source of funds presentation may also help present a more compelling analysis to meet the “ preponderance of the evidence ” standard . A foreign tax professional may be of assistance in demonstrating that a foreign company filed the appropriate types of tax returns and paid the appropriate taxes . When commingling of funds has occurred , a forensic accounting expert may be helpful in presenting an accepted tracing methodology that demonstrates the path of funds which were commingled .
BEING PREPARED CAN LEAD TO SUCCESSFUL OUTCOME
Making an EB-5 investment can be a life-changing decision for an investor . Advanced planning on the source of the EB-5 investment may prevent “ hiccups ” in the process by allowing the investor to present a source of funds presentation that is solid and easily understood by USCIS . Engaging with experienced professionals will help the investor achieve a successful EB-5 process .
Melissa Davis is a partner at KapilaMukamal , LLP , a boutique CPA firm located in South Florida . She provides forensic accounting , litigation support and insolvency advisory services to clients . She has conducted large scale fraud investigations , including forensic and securities fraud and corporate business conduct analysis . Her experience includes civil and criminal litigation support , asset tracing , tracing commingled funds , damage calculation services , and forensic accounting services associated with EB-5 investor related matters . Davis has extensive experience in investment and Ponzischeme investigations , which have involved working in conjunction with the SEC , the FTC , the CFTC , federal equity receivers , investors , and bankruptcy trustees .
Sources :
1 1 8 CFR 204 . 6 ( j )( 3 )
2 In re Matter of Izummi , 22 I & N Dec . 169 , 195 ( Assoc . Comm . 1998 ).
3 8 CFR 204 . 6 ( j )( v )
4 INA 203 ( b )( 5 )( L )
5 8 CFR 204 . 6 ( e )
6 INA 203 ( b )( 5 )( L )( iii )( II )
7 8 CFR 204 . 6 ( j )( 3 )( i )
8 8 CFR 204 . 6 ( j )( 3 )( ii )
TRISTANI LAW , LLC Dennis Tristani Managing Attorney
Compassionate advice . Experience-driven results .
COMPREHENSIVE IMMIGRATION SOLUTIONS
Practice Areas :
• Direct and Regional Center EB-5 investor petitions
• E-2 and L-1 visas for entrepreneurs and executives
• Temporary employment visas
• Employment-based green cards
• Family-based visas
Contact Us : www . tristanilaw . com dennis @ tristanilaw . com Phone : + 1 202-579-9497
80 EB5 INVESTORS MAGAZINE