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The EB-5 Book 1st Edition
Editors: Paul Ruby and Phil Cohen.

Articles by Laura Danielson, Robert Gaffney, Michael Gibson, Jennifer Hermansky, David Hirson, Jose E. LaTour, Daniel B. Lundy, Brandon Meyer, Elizabeth Peng, John Roth, and Joseph Whalen

Out-of-Print

Outline Bios BUY NOW!

BOOK OUTLINE

I. For Immigration Attorneys

  • Structuring and Market Planning for EB-5 Regional Centers and Their Projects by Jose Latour
  • Building Your I-924 Submission Package by Brandon Meyer
  • How to Lawfully Advise Your Clients About Regional Center Choices by John Roth
  • Advising Investors: Pre- Post-I-526 approval by Laura Danielson
  • Tax Counseling for EB-5 Investor Clients Before and After Immigrating to the U.S. by David Hirson
  • Practice Pointers: I-526 Petitions by Paul Ruby
  • Practical Approaches to Lawful Source of Funds Issues by Robert Gaffney
  • Country-Specific Issues: How to Successfully Represent Chinese Investors in EB-5 Investments by Elizabeth Peng
  • I-829 Practice Pointer: Removing Your Investor's Conditions by Jennifer Hermansky
  • The Future of the EB-5 Immigrant Investor Program from the Perspective of an Immigration Lawyer, or Past Performance is Not Indicative of Future Results by Daniel B. Lundy
II. The EB-5 Program For Regional Centers, Project Developers and Investors by Phil Cohen

  • Section 1: EB-5 Program Overview
  • Section 2: Key Logistical & Legal Issues
  • Section 3: Groundwork Before Getting Started
  • Section 4: Your EB-5 Team
  • Section 5: Getting to Work on Building Your I-924 Submission Package
  • Section 6: Positioning and Marketing to Foreign Investors
  • Section 7: Admitting Investors
  • Section 8: Financial Overview
  • Section 9: The Direct/ Individual Investor EB-5 Option
  • Section 10: Keeping Up to Date
  • Glossary
  • EB-5 Resources
  • Appendix A: Compendium of Instructions and USCIS Requirements
  • for I-924
  • Appendix B: Precedent Decisions
  • Appendix C: Sample Letter to Economists

III. Resource Materials

IV: CD-ROM Resource Materials

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EDITORS

Paul Ruby is general counsel at ILW.COM, where he guides development of CLE seminars and the book catalog. Prior to comming on board at ILW.COM, Paul was in private practice in Milwaukee, Wisconsin. He is a graduate of Marquette Law School and Brown University.

Phil Cohen is the founder and president of Strategic Element. Phil has a long history of developing businesses, business concepts and products, dating back to 1993. With a career that began in the manufacturing sector, and grew to include new developments in technology and a variety of start-ups, Phil has progressively built up experience in the area of new business development with a focus on transforming ideas in to viable business models. Phil has worked with large public companies such as Rogers Communications and Transcontinental Inc., as well as small and mid-sized start-ups and businesses. Beyond the development of business concepts, models and plans, Phil has taken a hands-on role in the launch of several businesses and business initiatives. In so doing he has faced firsthand the realities and challenges faced by new businesses. This firsthand experience has provided him with the insight and real-life exposure necessary to develop businesses concepts that work. The Strategic Element team has been hand-picked based on one thing: their love of business. A passion is not something that can be learned in school or forced with a bonus. Everyone on the Strategic Element team has been chosen because they resist the lure of being involved in creating and building businesses. Our people read business books in their spare time and dream about spreadsheets; it’s just in their blood. This is how as a team, Strategic Element has come to gain a breadth of experience that spans several industries in different shapes and forms.

CONTRIBUTING AUTHORS

Laura Danielson is the chair of the Immigration Department at Fredrikson & Byron. She has been an immigration lawyer since 1989, is a frequent speaker at national and international conferences, and teaches immigration law at the University of Minnesota Law School. She is also co-author of Immigration Law in a Nutshell and co-editor of Green Card Stories (www.greencardstories.com). As a member of the Alliance of Business Immigration Lawyers (www.abil.com), a premiere group of twenty-one U.S. lawyers, she has been especially active in developing its global consortium of immigration practitioners in countries throughout the world. Splitting her time between Minneapolis and Fredrikson & Byronís Shanghai office, Laura is committed to developing and providing global and investment-related immigration services, particularly EB-5 matters for foreign investors. Concentrating on arts, business and investor-based immigration, Laura works with companies, investors, and other professionals in non-immigrant and immigrant visa matters. She also has expertise in I-9 audits, employer sanctions, family immigration, asylum and naturalization matters.

Robert Gaffney, a California State Bar certified Specialist in Immigration and Nationality Law, has maintained a strong practice focus and developed significant expertise representing immigrant investors since enactment of the "EB-5" provisions in 1990. Through his firm in San Francisco, Mr. Gaffney has nearly 30 years of experience counseling a wide range of corporate and individual clients in areas of employment-related, investment, and family-based visa and immigration matters. Fluent in Mandarin Chinese, Mr. Gaffney is the author of "Country Specific Issues and Challenges in Representing EB-5 Petitioners from the People's Republic of China", a leading source of information on this rapidly evolving topic published in Immigration Options for Investors & Entrepreneurs, (American Immigration Lawyers Association, Edited by L Stone, et al. 2006, 2010). J.D. Hastings College of the Law (1980), National Foreign Language Fellow, Univ. of Michigan, Center for Chinese Studies (1973 - 76), B.A. summa cum laude, Chinese Studies, U.C. San Diego 1973.

Jennifer Hermansky (Jen), an Associate in the Firm's Philadelphia office, focuses her practice on both employment-based and family-based immigration. A member of the Eb-5 immigrant investor team, Jen has prepared and filed numerous successful I-526 petitions, both through regional center investments and individual investment opportunities, along with filing corresponding I-829 petitions to remove the conditions on permanent resident status. She also works with developers on options available for funding new projects that might qualify for EB-5 investments, either based on individual EB-5 petitions or through new or existing regional centers. She has extensive experience reviewing and editing both regional center and project business plans, economic reports, securities offering documents, and corporate documents for Eb-5 issues. She has prepared and filed I-924 applications for initial regional center designations, regional center amendment applications, and exemplar I-526 petitions for project pre-approval by USCIS. Jen also has prepared template I-526 and I-829 petitions for regional centers that were distributed to investors and their attorneys for filing with USCIS. She also has advised regional centers on record keeping for USCIS reporting requirements, record keeping for I-526 and I-829 petitions and job creation, and general regional center organizational, management, and staffing issues.

David Hirson has 30 years experience in the practice of immigration law. David co-manages the Firm's Irvine office and is the partner in charge of Fragomen's Consular Practice, which facilitates the processing of U.S. nonimmigrant and immigrant visa applications filed at U.S. Consulates and Embassies worldwide. He has been certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization for 20 years.

Jose Latour immediately upon graduating law school, was appointed to the U.S. Foreign Service by the late President Ronald Reagan. He served as a US Diplomat and Consular Officer in Mexico and Equatorial Guinea, West Africa. He began private law practice in the US in 1990, initially in the area of international real estate law, concentrating on land registration and title issues in Central America and the Caribbean. Subsequently, his focus became business US immigration law, international trade, and consular law. The firm's Florida law business rapidly expanded, resulting in the opening branch offices in Washington, D.C., Manila, Philippines, and Hong Kong. In 2003, Attorney Jose Latour sold his US immigration practice to his business partner. Mr. Latour, who received the highest possible A/V peer rating by Martindale-Hubble shortly after beginning private practice (and which he has continuously preserved), has long embraced technology in developing new ways to assist his national and international clients; he pioneered the concept of Internet-based delivery of legal services in the 1990s, providing direct client case management online. His daily Web column, Port of Entry, had over 30,000 daily readers in its prime. Mr. Latour has received a number of awards and distinctions for his innovative Web-based approach to law from organizations including Inc. Magazine, Florida Trend Magazine, and Cisco Systems.

Daniel B. Lundy is an Associate in the Firm's Philadelphia office and a member of the Firm's EB-5 Team. Mr. Lundy has successfully represented numerous immigrant investors in their EB-5 petitions and applications, including investors seeking permanent residence through investment in their own businesses and investors seeking permanent residence through investments into USCIS approved Regional Centers. Mr. Lundy also represents developers and others who seek to use foreign investment funds under the EB-5 program to fund their projects, either through the formation of a Regional Center or by joining with an existing Regional Center. Mr. Lundy works with various securities lawyers, economists, business plan writers and other professionals in the preparation and filing of Regional Center designation and Regional Center amendment applications. Mr. Lundy is experienced in reviewing Regional Center and project business plans, economic reports, securities offering documents, and corporate documents for compliance with the EB-5 program requirements, and in consulting and advising clients on the specific immigration requirements of the EB-5 program.

Brandon Meyer is Principal of Meyer Law Group, a full service immigration firm located in Stamford, Connecticut and Solana Beach, California. He received his Juris Doctorate (law) degree from University of San Diego School of Law, his Masters of Arts in East Asian Studies from George Washington University, and a Bachelor Arts in Economics from American University. He is a member in good standing of the Bars of the State of Connecticut and the District of Columbia.

Chun Yun ("Elizabeth") Peng is a co-founder and senior attorney of Peng & Weber, PLLC (www.GreencardLawyers.com), a suburban Seattle-based immigration law firm focusing on EB-5 visa investors, L-1 executives and managers, and other areas of investment- and business-focused immigration law. Ms. Peng earned her L.L.B. degree at China University of Political Science and Law in Beijing, China in 1983. While pursuing L.L.M. studies at the same university, she earned a Ford Foundation scholarship to study law in the United States, completing her J.D. degree at the University of Kansas in 1988. Ms. Peng is a long-standing member of the American Immigration Lawyers Association (AILA), is a former executive committee member of the Washington State chapter of AILA, and has extensive experience representing Chinese businesses and entrepreneurs in all areas of immigration law related to EB-5 immigrant investors and L-1/EB-1C multinational executives and managers. She has spoken nationally on EB-5 issues.

John Roth is Managing Attorney at the Roth Immigration Law Firm. He is a member of the New York State Bar Association. In addition to being an immigration attorney, he has an extensive business background, including an M.B.A. For the Wharton School of Finance, a Series 7 and a Series 63 license, and he is a registered representative of a Broker-Dealer firm. His firm, EB-5 Analytics, provides due diligence analyses of EB-5 regional center projects for EB-5 Pilot Program immigrant investors.

Paul Ruby is general counsel to ILW.COM, where he guides development of CLE seminars and the book catalog. He also served as editor for "The EB-5 Book." Prior to coming on board at ILW.COM, Paul was in private practice in Milwaukee, Wisconsin. He is a graduate of Marquette Law School and Brown University.

L. Michael Gibson is the Managing Director of USAdvisors and is a Registered Investment Advisor (CRD # 157403). His previous work experience was with Citicorp where he worked in the Capital Markets and Investment Banking divisions as a broker-dealer, securities, foreign exchange, derivatives, money market, credit and debt analyst and portfolio risk manager. His duties involved overseeing Citi's financial operations, structuring financial instruments and hedging bank and client risk and investments in emerging markets in Latin America, Africa and the Middle East. In 2007 he established USAdvisors.org as an organization to assist foreign nationals with their EB-5 investment decisions, has completed the Series 7 and 65 exams, is a member of the Financial Industry Regulatory Authority and holds a degree in Economics from Virginia Tech. .

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