How To Understand The Eb5 Visa

Transcription

1 This conference provides practical and how to information on the EB-5 visa category for attorneys representing both the individual investor and regional center. The core aim of this conference is to present the practical nuts and bolts aimed to demystify. Experts will be available during networking breaks to answer attendee questions one-on-one. The conference covers cutting edge issues in advanced, in-depth panels with economists and securities lawyers led by renowned EB-5 attorneys to offer insight into other disciplines core to practicing in this area. Experts will also be available for a half hour Q&A following an hour of Hot Topics addressing the latest in USCIS s application of the comprehensive EB-5 May 2013 Policy Memo as well as EB-5 Program changes on the horizon. AILA Room Rate: $209 Single/Double plus applicable taxes Phone Reservations: or (312) (Please ask for AILA EB5 Conference rate.) or Reserve through the Online Conference Booking Link NOTE: The specially discounted AILA group rate has been contracted for room nights reserved from August 21, 2014 through August 23, 2014 only. The AILA group rate is not guaranteed for any other dates and will be based on availability. Hotel Cut-off Date: July 25, 2014* *Hotel reservations are made on a first-come, first-served basis. Rooms at the AILA rate will sell out before the deadline, so we advise you to make your reservation as early as possible. FRIDAY, AUGUST 22, 2014 Day Coordinator: Vanessa Sanchez, Santa Monica, CA 7:30 am 5:00 pm REGISTRATION AND EXHIBITS 7:55 am 8:00 am OPENING REMARKS Denyse Sabagh, AILA Past President, Conference Program Chair, Washington, DC

2 8:00 am 9:00 am EB-5 101: HOW TO GET STARTED This session will use a series of role play scenarios to demystify the EB-5 and to walk practitioners new to EB-5 through the following issues: Initial Intake Determining What Your Client Really Wants to Do Comparison of EB-5 with Other Visa Alternatives in Common Scenarios Initial EB-5 Eligibility and the Regional Center Program Considering Removal of Conditions Is EB-5 Truly a Viable Option? Stephen Yale-Loehr (DL), Ithaca, NY Robert F. Loughran, Austin, TX Christine Chen, New York, NY 9:00 am 10:00 am PROTECTING YOUR PRACTICE: ETHICAL ISSUES & MINIMIZING RISK This panel will walk through a sample engagement letter and will address key ethical concerns encountered in EB-5 practice. Duties of Immigration Lawyers Knowing When to Co-Counsel and When to Use Experts Responsibility for the Actions of Promoter Agents Considerations Relevant to Payment of Finder Fees to Attorneys Practice Pointers for the Engagement Letter Edward J. Carroll (DL), Grand Isle, VT H. Ronald Klasko, AILA Past President, Philadelphia, PA Cyrus D. Mehta, New York, NY 10:00 am 10:15 am NETWORKING BREAK ASK AN EXPERT 10:15 am 11:15 am PREPARING THE EB-5 CASE PRACTICE TIPS AND DOCUMENTATION Job Creation/Saving (the Comprehensive Business Plan) Targeted Employment Area (TEAs) At Risk Capital and Appropriate Use of Funds Bona Fides of Investment Source Managerial Role of the Investor Sources of Funds Direct Investment Scenarios - Existing Business - New Business Cletus M. Weber (DL), Mercer Island, WA Farah Abbas, Washington, DC Julie Ferguson, AILA Author, AILA s Focus on Waivers, Miami, FL 11:15 am 12:15 am ADVANCED ISSUES IN REPRESENTING INDIVIDUAL INVESTORS Entities Analysis and Proving Investment Advanced Discussion of TEAs Investment in Existing Businesses What Is New and Proving Jobs Straight Advice for the Risk-Averse Investor; Post-Izumii Acceptance of Investment Features Designed for Security and Exit Due Diligence Investment in Regional Centers Preparing for and Advising Investor Clients about Material Change Regional Center Due Diligence on Behalf of Investors Lawyer s Duties When Encountering a Bad Project

3 12:15 pm 1:00 pm LUNCH Denyse Sabagh (DL), AILA Past President, Conference Program Chair, Washington, DC David Hirson, Irvine, CA 1:00 pm - 1:45 pm LUNCHEON KEYNOTE PRESENTATION: Shawn O'Neill, Associate District Director, FINRA Chicago District Office, Chicago, IL 1:45 pm 2:45 pm BUSINESS CONSIDERATIONS FOR YOUR CLIENT IN REGIONAL CENTERS Understanding the Deal Structure Answering Investor Due Diligence Questions Entities and Transactions (Equity vs. Loan) Understanding the Capital Stack, Different Sources of Capital Evolution of Escrow Then & Now Identifying & Managing Investment Risk Factors - The Business Risks David M. Morris (DL), Washington, DC Michael George Homeier, Sherman Oaks, CA M. Jay Yurow, Business & Real Estate Lawyer, Washington, DC 2:45 pm 3:45 pm SECURITIES LAW COMPLIANCE & DETERRING FRAUD EB-5 Fraud & EB-5 Projects Gone Bad SEC s Role in EB-5 Law & Regulations USCIS Collaboration with SEC Regulation D-General Solicitation & Regulation S and Other Exemptions from Registrations Responsibility for the Actions of Promoter Agents Broker Dealer Issues Finder Fees Daniel B. Lundy (DL), Philadelphia, PA Kevin Callaghan, Aspyre Capital Group, Registered Broker Dealer Representative, New York, NY Ronald R. Fieldstone, Arnstein & Lehr LLP, Corporate SEC Council, Miami, FL 3:45 pm 4:00 pm NETWORKING BREAK ASK AN EXPERT 4:00 pm 5:00 pm JOB CREATION METHODOLOGY Indirect Jobs What Are They? Key Vocabulary Accepted Input-Output Models Input Reasonable Supporting Documentation Discussion of RIMS II Construction Jobs, Operations Jobs, & Other Jobs Tenant Occupancy Guest Spending TEA Analysis David M. Morris (DL), Washington, DC John Barrett, Economist, Somerville, MA Jeffrey Carr, Economic & Policy Resources, Williston, VT Elliot Winer, TEA Specialist, Sudbury, MA

4 SATURDAY, AUGUST 23, :00 am 12:50 pm REGISTRATION AND EXHIBITS Day Coordinator: Vanessa Sanchez, Santa Monica, CA 8:00 am 9:00 am HELPING YOUR CLIENT START OR PARTNER WITH A REGIONAL CENTER This session will use role play scenarios to walk practitioners through the important issues when deciding whether to partner with or start a Regional Center. To Be or Not to Be a Regional Center Role of the Immigration Attorney Ensuring the Regional Center s Ongoing Compliance Selecting the Appropriate Geography and Industry Scope (Avoiding Amendments and Delays) EB-5 Compliant Deal Structure Issues Regional Center Affiliation Kate Kalmykov (DL), Florham Park, NJ Peter D. Joseph, Chicago, IL Drexell Owusu, Civitas Capital Management, Dallas, TX 9:05 am 10:05 am I-829 REMOVAL PROCESS Existing Legal Framework for the I-829 Petitions Component Parts of a Successful Petition Solutions for Removing the Conditions in Imperfect Cases - Insufficient Job Creation - Failure to Sustain Investment and Jobs - Material Change - Reasonable Period of Time - Impact of Retrogression on Job Creation Requirements Denied Cases and Possible Areas of Litigation Michele A. Franchett (DL), Los Angeles, CA Ira J. Kurzban, AILA Past President/AILA Author, Kurzban s Immigration Law Sourcebook, Miami, FL Martin J. Lawler, San Francisco, CA 10:05 am 10:20 am NETWORKING BREAK ASK AN EXPERT 10:20 am 11:20 am CHINA ISSUES Abandonment Issues Understanding the Cultural Issues & the Chinese Market - Filing Re-entry Permits - Tax Reasons - Post-Immigration Planning The Entry & Exit Systems Tax, Currency, & Securities Laws Enforcement What s Enforced, What s Not? Relevant Agencies Restrictions on U.S. Immigration Activities, Licensed Immigration Agents Membership in the Communist Party of China Visa Backlogs USCIS Registration Bernard P. Wolfsdorf (DL), AILA Past President, Santa Monica, CA Robert P. Gaffney, San Francisco, CA Yi Song, New York, NY

5 Charles Oppenheim, Chief, Immigrant Visa Control & Reporting, U.S. Department of State, Washington, DC 11:25 am 12:50 pm HOT TOPICS & OPEN Q&A New Developments & Trends - Recent Stakeholder Calls & Regulations - USCIS Review Board - Realignment Progress - ELIS - Interagency Cooperation May 2013 Memo Open Questions Visa Backlog and Impacts Legislative Reform and Sunset Extension Hot Topics & Q&A Carolyn S. Lee (DL), Ithaca, NY K. David Andersson, Vancouver, BC Paul W. Virtue, Washington, DC Q&A David M. Morris, Investor Visa Committee Chair, Washington, DC Bernard P. Wolfsdorf, AILA Past President, Santa Monica, CA 12:50 pm CONFERENCE CONCLUDES CONFERENCE PROGRAM COMMITTEE Denyse Sabagh, Conference Program Chair, AILA Past President, Washington, DC Robert C. Divine, Chattanooga, TN Carolyn S. Lee, Ithaca, NY David M. Morris, Washington, DC Bernard P. Wolfsdorf, AILA Past President, Santa Monica, CA Emmie R. Smith, AILA Associate Director, Education, Washington, DC The Conference Program Committee wishes to thank prior AILA EB-5 Conference Program Committees for building a foundation of excellence in continuing legal education in the EB-5 area. These panels build upon their contributions.