AT TORNEY SPOTLIGHT
by EB5 Investors Magazine Staff
Linda Lau is an immigration attorney whose practice
has a strong focus on EB-5 matters. A member of
the EB5 Investors Magazine Editorial Board of
Advisors, Ms. Lau graciously conducted a Q&A that
gives unique insight into the EB-5 Visa Program.
Ms. Lau is the President of Global Law Group,
which is headquartered in South Pasadena, Calif.
and has a representative office in Shanghai, China.
Originally from Hong Kong, Ms. Lau has served as
the American Immigration Lawyer Association’s
Vice Chair of the EB-5 Committee and has been
recognized by the American Registry as one of the
Best California Attorneys.
EB5 INVESTORS MAGAZINE STAFF: What do you think
are the biggest lessons of 2012 for the EB-5 Visa Program?
LINDA LAU: I think the biggest lesson is the ability to navigate
the adjudication process. For example, some Regional Centers,
when they first got approved, planned to gain EB-5 credit from
jobs derived from tenants. All of a sudden, in 2012, we were
told by USCIS that tenant occupancy is an issue. It is challenging trying to figure out this process.
STAFF: Do you think we are moving towards fixing these
LINDA: I think everyone is trying hard to get clarity and guidance, including USCIS. I think internally they really want to
fix this issue. It is hard for adjudicators, I am sure, to be able
to figure out what rules they should apply and when they can
apply them. I feel it is a work in progress, just like in the mid90s when we had issues with cases involving promissory notes.
There was total chaos…but the stake is a lot higher now because
we have over 200 Regional Centers and hundreds of projects
and millions of dollars at risk.
The fact that all these projects are ongoing really forces everybody to come up with some kind of policy that everyone can
work with. In addition, as you know, some of the Regional
Centers have filed law suits and are trying to force the issue.
Hopefully we will have some kind of resolution.
E B 5 I n v e s to r s M ag a z i n e