[ IMMIGRATION ATTORNEYS ]
Daniel Lundy is a senior associate attorney at Klasko,
Rulon, Stock & Seltzer, LLP, where he leads the firm’s EB-5
project group, and dedicates his practice full-time to EB-5
clients. The complexity of the EB-5 program is what first led
Dan to EB-5 cases four years ago when an influx of EB-5related cases at his prior law firm quickly sparked his interest.
At Klasko, Lundy primarily specializes in representing
regional centers, projects and developers, while still handling
the occasional investor case.
Headquartered in the firm’s Philadelphia office, Dan and
his team have represented dozens of regional centers and
hundreds of EB-5 projects, with an impressive track record.
His clients include large and sophisticated developers.
Indeed, Dan loves being at the center of highly complex
deals, and seeking creative immigration solutions to business
problems. His goal is to help his clients structure projects
that are compliant with EB-5 regulations and marketable to
investors, so that the projects can be successfully built and
the jobs created. To accomplish this, he couples his business
ingenuity with expectation management in a program that
he has found to not always be transparent or predictable.
In the past several years, Dan has seen the industry grow
up, from producing relatively simple and straightforward
projects, to multifaceted deals with complex collateral
packages sponsored by major brands. Dan expects this trend
An immigration lawyer of 22 years, David M. Morris is
chair of AILA’s EB-5 Investor Visa Committee and a senior
editor of one of the leading EB-5 books, Immigration Options
for Investors & Entrepreneurs (3rd ed.). David manages Visa
Law Group’s Washington, D.C., office, which exclusively
practices immigration and visa law. He is a preeminent
speaker and widely published in the EB-5 industry.
When asked to comment about today’s EB-5 program,
David always starts by describing his unique EB-5
perspective gained between 1996 and 2000, when the
program was effectively turned upside down. Prior to 2000,
when the EB-5 program was still small but growing, David’s
firm represented a large percentage of foreign investors. He
feels that then, like today, there was strong optimism that
the pilot program would fully realize its legislative intent and
provide a reliable path to residency as a result of investment
and American job creation.
David was present when all of that changed literally overnight
in 1998, when the federal government issued the Matter of
Izummi precedent decision, upending the entire EB-5 program.
He describes how the INS instituted immediate and sweeping
rule changes, many applied retroactively, through a series of
AAO decisions. The INS then formed special adjudication
teams to deny or revoke almost every I-526 petition that had
not yet resulted in conditional residency.
Daniel B. Lundy
to continue, and predicts
that regulatory action in
the near future will alter
the program in a positive way.
He shares his industry expertise as
a frequent speaker and writer on EB-5
topics, and has been featured in publications such as The New
York Times. Dan is also a member of AILA and the Banking
Committee of IIUSA.
Dan brings a broad immigration background, and an
advanced level of business knowledge to the table, allowing
him to find necessary solutions to his EB-5 clients’ business
quandaries. When he is not handling tough cases, Dan
For David, and the
handful of other lawyers
practicing in EB-5 in the late
1990s, the program’s darkest days
have provided him with invaluable
experience. There is no doubt in David’s mind that today’s
EB-5 policies can all be traced back to issues raised by the
INS in 1998. He believes many of these same legal and
industry potential pitfalls exist today, and can be seen in
recent denials and RFEs. With his in-depth knowledge of
EB-5 history, David is well suited to help his clients navigate
current USCIS policies an B&VF