EB5 Investors Magazine Volume 5, Issue 2 | Page 52

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 .
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