EB5 Investors Magazine Volume 5, Issue 2 | Page 55

TOP IMMIGRATION ATTORNEYS
DAVID HIRSON Managing Partner David Hirson & Partners LLP

David Hirson is the managing partner of

David Hirson & Partners LLP . He has been certified continuously as a Specialist in Immigration and Nationality Law by the State Bar of California , Board of Legal Specialization since 1990 , and he has worked on EB-5 cases since the program was established . In 1991 , Hirson personally prepared and filed one of the very first EB-5 cases with the INS ( now
USCIS ), and he filed many of the EB-5 cases that were approved throughout the first 10 years of the EB-5 visa program . He is very active in the immigration law community . His memberships include the immigration law sections of the Los Angeles County Bar Association and the Orange County Bar Association , the American Bar Association , the Law Association for Asia and the Pacific , AILA , and the Public Policy Committee of IIUSA .
WHAT DO YOU THINK THE FUTURE OF THE EB-5 INDUSTRY LOOKS LIKE ?
Once current uncertainties pass , the EB-5 industry ’ s future is bright . Excluding mainland Chinese investors , EB-5 investment will continue and the number of investors will continue to grow . A reasonable increase in the investment amount is unlikely to deter many Chinese investors . However , visa delays and the unavailability of visa numbers is a significant deterrent for mainland Chinese investors . Discussions on future visa availability generally indicate a 10-year delay ; this is the true problem . Proposed changes to the EB-5 program assign one visa number to the principal investor and qualified dependents . An effort is also underway to recapture and reallocate visas retroactively . If achieved , Chinese nationals will have virtually no wait for visas .
WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY ?
Countries like India are easing foreign currency exchange requirements , while other countries tighten controls , like China . Financial institutions and wealth management companies are moving to embrace the EB-5 program and to introduce their customers to select EB-5 projects . Minimum investment amounts will likely be increased , perhaps substantially . USCIS and U . S . Consuls under the Trump administration will more closely scrutinize applications and individual applicants . The investment funds once paid to the NCE will probably require detailed explanations and accounting in order to meet the proposed reporting and transparency laws . Lastly , USCIS may take back its right currently given to states to determine TEAs . Special designated areas and rural areas might get a specific allocation out of the 10,000 EB-5 visas .
KATE KALMYKOV Shareholder Greenberg Traurig LLP

Kate Kalmykov is an EB-5 immigration attorney and shareholder in the New York City area offices of international law firm Greenberg Traurig LLP . She is an active member in the immigration law community and has been working on EB-5 cases for a decade . Kalmykov recognized the opportunity that the EB-5 program offered to immigrants who did not have the option of obtaining a visa through family or employment connections , while simultaneously contributing to the growth of the U . S . economy through job creation . These factors prompted her involvement in the EB-5 program and serve as continued motivators . As part of Greenberg Traurig ’ s EB-5 team , Kalmykov represents both immigrant investors and regional center clients . She is adept at navigating her clients through a process where the rules are constantly changing based on government adjudication trends . Her experience runs the gamut of EB-5- related applications and takes her all over the world .

WHAT DO YOU THINK THE FUTURE OF THE EB-5 INDUSTRY LOOKS LIKE ?
I think that there will be greater scrutiny in the EB-5 program over use of investment funds . There will be greater compliance and reporting requirements and this in fact will be a positive thing for the industry as it will give investors greater confidence in the program and address many concerns raised in oversight hearings and reports . I think that we will also see a more diversified use of the program by nationals from around the world instead of being used primarily by Asian applicants .
WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY ?
I find EB-5 to be a fascinating field that has experienced exponential growth and am rewarded by helping investors fulfill their dreams . As an immigrant myself , I can personally relate to my clients , and I also find a certain satisfaction in seeing projects develop from the ground up . I understand investor concerns and motivations for seeking immigration through investment and that insight fuels my unique approach to investor filings .
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