TOP IMMIGRATION AT TORNEYS
SONIA OLIVERI
KELLEY KRONENBERG
Sonia Oliveri is a partner with
Ke ll ey K ro n e n b e r g , o n e of
the largest law firms in South
Florida, where she leads the
firm’s EB-5 practice group and
focuses on corporate clients’
business immigration and international business needs.
Oliveri assists investors on complex immigration matters,
with an emphasis on the EB-5 program and the E-2 Treaty
Investor Program. Oliveri holds two law degrees from Italy
and the U.S., and is licensed to practice law in the State
of Florida and in the District of Columbia. Oliveri is fluent
in six languages. She is an active member of AILA, the
Italian-American Chamber of Commerce, and the Brazilian-
American Chamber of Commerce.
WHAT ARE YOUR THOUGHTS ON THE
EB-5 MODERNIZATION CHANGES THAT
TOOK EFFECT IN 2019 WITH THE
INCREASED INVESTMENT AMOUNTS?
Although the new investment amounts are severely
impacting less wealthy investors, I do not see such increases
being destructive for the industry as a whole. In fact, the
majority of our EB-5 clients are high net worth individuals
who will continue to invest and have a future in the United
States. However, for regional centers and developers, these
capital investment increases will undoubtedly reduce the
investor pool, forcing regional centers to increment their
marketing efforts to attract accredited investors. Higher
investment amounts will result in fewer investors needed to
complete the EB-5 capital stack. I hope to see legislative
action that will mitigate the impact of these changes.
WHAT NEW TRENDS ARE YOU
SEEING IN THE EB-5 INDUSTRY?
We are noticing an increase in EB-5 direct projects and E-2
Treaty Investor visas. Specifically, the investors that cannot
afford the new EB-5 threshold are completely shifting their
interest to the E-2 Treaty Investor Visa program, which is
available for lower investment amounts. On the other hand,
high net worth investors are finding EB-5 direct projects to
be more attractive. In fact, the new trend appears to be that
investors are willing to make a higher investment amount to
grow their own EB-5 projects while maintaining control of
their funds and aiming at higher returns on investments.
KRISTAL OZMUN
MILLER MAYER LLP
Kristal Ozmun is a partner with
Miller Mayer LLP in Ithaca, New
York. Ozmun represents an
array of business and individual
clients on employment-
based immigration matters. She has extensive experience
representing individuals seeking classification as extraordinary
ability immigrants as well as those requesting national interest
waivers. Ozmun also represents individuals in various family-
based immigration filings. Ozmun is a recognized expert in
the EB-5 visa category. She represents EB-5 regional centers
in matters related to immigration law, including designation,
compliance. and governance. She 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.
WHAT ARE YOUR THOUGHTS ON THE
EB-5 MODERNIZATION CHANGES THAT
TOOK EFFECT IN 2019 WITH THE
INCREASED INVESTMENT AMOUNTS?
There are good and bad aspects of the new regulations.
48
EB5 INVESTORS M AGAZINE
Clearly, pluses include priority date retention and the ability
of dependents to file their own I-829 petitions even in the
absence of an I-829 filing by the principal applicant.
Negatives include the increased investment amount and
retention of the ability to assess targeted employment
areas by USCIS. Hopefully, the good components of the
regulations will eventually outweigh the bad such that the
market thaws enough to encourage participation of new
immigrant investors.
WHAT TRENDS ARE YOU SEEING IN
THE EB-5 INDUSTRY?
Under the new regulations, hesitation seems to be the
primary trend with immigrant investors, who are seemingly
unwilling or unable to make a present commitment to the
program. However, we are seeing signs of change and are
cautiously optimistic that immigrant investment will be on
an upward trajectory in 2020.