TOP IMMIGRATION ATTORNEYS
ROBERT C. DIVINE Chair, Immigration Group
Baker, Donelson, Bearman, Caldwell & Berkowitz P. C.
Robert C. Divine is chair of the Immigration
Group at Baker, Donelson, Bearman, Caldwell, & Berkowitz P. C., a law firm of 800 lawyers and public policy advisors with offices in 24 U. S. cities including Washington, D. C. Divine served as chief counsel of USCIS from 2004 until 2006 and for a time as acting director. He is the author of Immigration Practice, a 1,600-page practical treatise on all aspects of U. S. immigration law that is revised and reprinted annually to reflect the law’ s constant changes. Divine has practiced immigration law since 1986 and has served as chair of various committees of AILA and served for seven years as vice president of IIUSA. He represents large and small international and domestic employers, family sponsors, developers, investment regional centers and individual foreign nationals. Divine has also litigated significant immigration-related civil and criminal matters.
WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY?
Misuse of EB-5 capital by regional centers and developers who paid huge agent commissions – sometimes using EB-5 capital itself – is concerning and should fuel questions about conflicts of interest. Long waits for visa numbers, combined with USCIS new redeployment policy, are incentivizing developers to seek EB-5 capital for unfettered use of EB-5 capital for successive projects, and investors should seek clarity about redeployment parameters and advisor arrangements before investing. Moreover, USCIS needs to clarify its parameters for redeployment.
WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY?
I have been an immigration lawyer for 30 years. While at USCIS, I supported Bill Yates ' efforts to revive a dormant EB-5 program. When I returned from government service in 2007, I saw that the growing industry needed help to advocate for better USCIS policy development. I enjoy trying to help bridge that gap. I enjoy strategizing projects with innovative, determined developers and centers, and helping individual investors document sources of funds and navigate their paths toward U. S. residence. I also work with developers, receivers and affected investors in troubled situations, which I find challenging.
51 EB5 INVESTORS MAGAZINE