EB5 Investors Magazine Volume 5, Issue 2 | Page 59

TOP IMMIGRATION ATTORNEYS
DANIEL B . LUNDY Partner
Klasko Immigration Law Partners LLP

Daniel B . Lundy is a partner with Klasko

Immigration Law Partners LLP , and heads the firm ’ s EB-5 Developer / Regional Center and EB-5 Compliance practices . Lundy represents numerous developers and regional centers who seek to raise money through the EB-5 program . He works with various securities lawyers , economists , business plan writers and others to structure deals to be EB-5 compliant . Lundy represents many clients in troubled EB-5 projects , including various matters involving SEC complaints and allegations of fraud or misappropriation , where he helps to preserve the immigration interests of the investors throughout the restructuring of those projects . Lundy has extensive experience litigating immigration cases in the federal courts and is frequently retained to help with RFEs , NOIDs , and appeals of USCIS denials . He received his J . D . from Fordham University School of Law .
WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY ?
As the Chinese market cools , the flow of new EB-5 projects is slowing somewhat . However , the number of troubled projects continues to grow , both in terms of cases of fraud and cases where projects have been completed but struggled economically or have had challenges in reaching completion . These projects often need to be restructured in a way that preserves the investors ’ ability to immigrate under the EB-5 program . USCIS policy continues to evolve , often without warning . The overall level of complexity in EB-5 is rising , and we have been continuously developing new and creative strategies to deal with it .
WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY ?
I was attracted to the EB-5 field because it is a very small niche within the immigration field , and one that involves a substantial level of complexity and a corresponding opportunity for creative lawyering that really has the ability to help clients achieve their goals . The business side of EB-5 is constantly evolving , and , as a result , so is the practice of law in this field .
BRANDON MEYER Managing Partner Fakhoury Global Immigration

Brandon Meyer is the managing partner of the San Francisco office for Fakhoury Global Immigration . He is a member of the Bars of the State of Connecticut and the District of Columbia . Meyer is also a member of AILA , the Academy of Political Science , the British American Business Council , the Bay Area Mobility Managers and IIUSA , among other professional organizations . He received his

J . D . degree from University of San Diego School of Law , his Masters of Arts in East Asian Studies from George Washington University , and his Bachelor of Arts in Economics from the American University . He is the author of numerous articles on the intersection of economics and politics with immigration law and policy .
WHAT DO YOU THINK THE FUTURE OF THE EB-5 INDUSTRY LOOKS LIKE ?
I hope to see increased visa numbers . How that happens ( not counting derivatives against the 10,000 vs . increasing the number above 10,000 vs . recapturing years of unused visa numbers ) is irrelevant . The program risks a prolonged slump without addressing the visa numbers issue . While TEA rules need updating , concepts such as visa set-asides for " rural areas ," " infrastructure " or inventing new concepts such as " urban distressed " designations are not the way forward . These concepts only increase the complexity of an already complex program and shift the " systemic gaming exercise " currently plaguing TEA designation towards projects angling to fit into these artificial distinctions .
WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY ?
I expanded my EB-5 involvement out of sheer boredom . While I had worked on a handful of EB-5 matters between 1998- 2006 , I primarily worked on corporate work visas ( H-1B , L-1 , PERM ). In the days of two successive dotcom booms , most large immigration law firms wanted nothing to do with EB-5 . EB-5 was hard . H-1B ' s were easy then , and for every one EB-5 , there were probably 1,000 H-1B ' s . My timing was fortuitous as EB-5 began its revival around the same time that the corporate market imploded . I was well-placed to leverage these shifting market dynamics .
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