EB5 Investors Magazine Volume 7, Issue 2 | Page 82

TOP EB-5 INDUSTRY RISING STARS JOSEPH BARNETT WOLFSDORF ROSENTHAL LLP Joseph “Joey ” Barnet t is a partner at Wolfsdorf Rosenthal LLP who specializes in EB - 5. He represents immigrant investors seeking permanent residency through regional centers and direct EB -5 businesses, as well as U.S. developers and regional centers to prepare EB-5 exemplar applications. Barnett has worked in the EB-5 industry since 2011 and has successfully challenged USCIS adjudications through administrative appeals and federal writ of mandamus lawsuits. Barnett is a prominent EB-5 blogger and author of numerous articles in American Immigration Lawyers Association journals and is a member of the editorial committee of IIUSA. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? The biggest recent trends are litigating unreasonably delayed EB-5 petitions, terminations of regional centers for failure to promote economic growth, and examining new markets for immigrant investors who are not subject to a visa backlog. Regional centers are also exploring the transfer and use of EB-5 capital from troubled or distressed businesses that have not been able to create jobs for I-829 purposes. Additionally, many immigrant investors are turning to E-2 and L-1 nonimmigrant visa petitions to enter the U.S. more quickly than through EB-5. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY? My first permanent job out of law school involved EB-5, and I have focused on this employment-based category ever since. I have enjoyed working in this industry because EB-5 is a multidisciplinary visa program that involves immigration, real estate development, business and corporate, and administrative law. Adding in the ever-changing policy guidelines and adjudication trends, there’s a lot to keep you on your toes. As someone who has always been highly competitive and relatively impatient, I enjoy writing compelling arguments on behalf of my clients when USCIS does not follow the law. MARK A.M. CATAM CATAM GLOBAL LAW,P.C. Mark A.M. Catam is the founder and principal attorney of C a ta m G lo bal L aw, P.C. (CGL), a Los Angeles-based legal services firm that specializes in the areas of business and corporate immigration, EB-5 investment and global immigration. He established CGL after more than a decade of experience mastering his craft in all facets of immigration, including EB-5, and forging relationships with foreign investors, entrepreneurs, regional centers, developers and other EB-5 stakeholders. Additionally, he provides in-house and independent legal counsel to startups, mid-sized and high growth companies in immigration worksite compliance, audits and enforcement. He was selected by Super Lawyers as one of the 2020 Rising Stars in immigration. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? First, the recent implementation of the EB-5 Modernization Rules, which included the increase in the investment threshold and changes in TEA, has certainly impacted the program. Perhaps we are in a transition phase and all 82 EB5 INVESTORS M AGAZINE stakeholders are gradually adjusting to the new rules, most especially the investors, but I am optimistic that foreign investors will continue to realize and appreciate the value the EB-5 program would bring to their families. Second, I am seeing lots of EB-5 related litigation. IPO has not been very transparent in what is causing all the processing delays. My belief is the only way to retain the program’s appeal, albeit the new investment tag price, is to cut the government processing time significantly. WHY DID YOU GET INVOLVED IN THE EB-5 INDUSTRY? I have always been interested in EB-5 immigration since I started my law firm career many years ago. However, during that time, the law firm I was working at was not yet actively involved in EB-5. We were first mostly doing source of funds, but what really excited me was the project and regional center side of things, so I pushed for my previous employer to provide I-924 filings, exemplars, project template work and regional center registrations. The standalone EB-5 is my personal favorite since I get to assist true entrepreneurs to structure their investments to comply with EB-5. We have our usual real estate projects, but I especially love structuring EB-5 for niche companies.