EB5 Investors Magazine Volume 3 Issue 3 | Page 40
Continued from page 37
EB-5
marketing firms, exhibits, and international trips to foreign countries for the sole purpose of marketing EB-5 projects, whether
or not the projects come to fruition, all encompass activity that
serves the purpose of the Immigrant Investor Program.
Conclusion
The suggestions described above are arguments that can be
implemented to breathe life into what appears on the surface to
a dead regional center. To mitigate the risk of receiving a NOIT
in response to future filings, consider providing as much detail as
possible with regard to activities related to EB-5 projects that the
regional center has undertaken during the fiscal year. If a NOIT
is eventually issued by USCIS, continue to provide specific details
on any progress made by the regional center to complete projects
and recruit EB-5 investment, including what actions have been
taken along the way and timelines and expectations for completing the project.
Responding to the initial NOIT may not be the end of the correspondence between the regional center and USCIS with regards
to its activity during a given fiscal year. USCIS is capable of
issuing further inquiries in response to the information provided
to demonstrate economic growth and EB-5 investment, but the
strategies listed above are known to be an effective, transparent
way of prevailing against a possible termination of a valuable asset,
the USCIS-designated regional center.
★
Christian Triantaphyllis
Christian Triantaphyllis, is an EB-5 immigration
attorney at Foster LLP. Triantaphyllis concentrates his practice on business immigration
matters and is a member of the firm’s EB-5 legal
team. He assists foreign nationals from around
the world through the EB-5 visa program, and
has prepared and filed many I-526 petitions
and I-829 petitions for regional center investors
and direct investors. He is also experienced in
preparing I-924 applications for regional center
designation and reviewing EB-5 project documents for compliance with USCIS requirements.
IIUSA Compliance and Best
Practices Committee
Top 25 Immigration & EB-5
Attorney, by eb5investors.com
Past President of AILA (CFL)
AV-Rated Martindale-Hubbell®
Global and National EB-5 Immigration Practice for Investors
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Compliance and Best Practices for Regional Centers and Direct
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covering Tax and Wealth Management Guidance for Investors
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EB5 INVESTORS MAGAZINE