In this session we will discuss the basics of EB-5 practice.  We will start with a discussion of basic eligibility for an I-526 petition, how investments might be structured, whether projects can be pre-approved, and legal source of funds requirements.  The program will conclude with an overview of the petition process from top to bottom, including the basics of preparing an I-829 petition.

The EB-5 Basics - Eligibility Criteria and Petition Process

• Basic Eligibility for the I-526 Petition
• Overview of EB-5 Criteria
• Significance of the Immigrant Investor Pilot Program - Regional Centers
• Structuring the Investment: Selection of Business Model
• Exemplar petitions: Can projects be "pre-approved"?
• Lawful source of funds requirements
• Source documentation and tracing
• Tax and licensing compliance
• Currency control restrictions
• Current trends and challenges
• Overview of the Petition Process
• Sequence and timing
• Current processing times
• Construction Jobs
• Child Status Protection Act
• Preparing for the I-829: Basic requirements and overview of the I-829 petition

Session Two deals with TEA’s, Regional Centers, and economic studies.  The program will begin with a brief discussion on Targeted Employment Areas (TEA’s), including commentary on current developments and recent changes.  The bulk of the panel will focus on Regional Centers and the R.C. designation process.  This will be a comprehensive discussion that covers statutory definition, government agency guidance, and even Regional Center applications and amendments in the I-924 process.  The final portion of the panel will deal with the economist’s role in the EB-5 context.

Building the Foundation - TEAs, Regional Centers, and Economic Studies

• Targeted Employment Areas (TEA
• Purpose and definition
• Current developments/challenges
• Regional Centers and Regional Center Designation Process
• o Purpose and definition
• "Direct" vs. "Indirect" jobs
• Mayorkas letter
• Business plans (Evolving USCIS requirements)
• Regional Center Applications and Amendments (I-924 decision boards, processing times and premium processing, "material change", current development/challenges)
• Oversight and I-924A
• An Economist's View
• The role of the economist
• Overview of regional economics and input-output modeling
• Working within USCIS parameters (NAICS codes, regional center boundaries, what a TEA should look like, which "jobs" count)
• Current challenges

Lunch presentation by Daren Di Nicola. escrow service provider NES Financial.  

The third session will deal with current developments and hot-button issues in the EB-5 community.  We are fortunate to have a speaker joining us from the Office of the USCIS Ombudsman, who will share his insight on the direction of the EB-5 program.  The panel will discuss the proliferation of Regional Centers in the last few years as well as the importance of and best practices for conducting due diligence of Regional Centers and EB-5 projects.  The final part of the panel will be devoted to topics that are gaining increasing relevance for attorneys in this area – I-829 adjudications and material change; bridge financing; Regional Center adjudication delays; and, Pilot Program Sunset.

Hot Topics and Current Developments

• Perspective on the EB-5 program from the USCIS Ombudsman
• Growth of Regional Centers
• Due diligence: Regional Centers and EB-5 projects
• Regional Center Leasing and Hosting Arrangements
• Hot Topics
• I-829 Adjudications and "Material Change"
• Bridge Financing
• Regional Center adjudication delays
• Pilot Program Sunset
• Trending issues with USCIS

The final session will contextualize immigration practice within the larger field of the Eb-5 program and foreign direct investment in general. The two parts of this panel are securities law and ethics.  The securities law speakers will speak on EB-5 projects as securities, investor qualifications issues, securities law exemptions, and disclosure requirements, among other things.  The ethics speaks will advise on avoiding and managing potential conflicts of interest, best practices for navigating this field, finder’s fees, and a note on considerations when it comes to professional liability insurance.

EB-5 and Investments Through a Broader Lens

• Securities law issues
• EB-5 Projects as securities
• Investor Qualifications
• Reg. D and Reg. S Exemptions
• Disclosure Requirements
• Broker-Dealer
• Right of Rescission
• Ethics and Risk Management
• Knowing when to co-counsel and when to use experts
• Avoiding and managing conflicts of interest
• Advising clients about investments - is it smart?
• Finder's fees
• Professional liability insurance considerations

Questions will be asked to these experts regarding issues present in the EB-5 program and with USCIS policy.  

IllumiNations: Reflections of Earth, a mesmerizing fireworks, laser and water show featuring a rousing soundtrack, plays nightly for Guests of all ages in the World Showcase area in Epcot theme park.

Seen atop the World Showcase Lagoon, IllumiNations: Reflections of Earth is a spectacular 14-minute, live pyrotechnic show that brings together the past, present and future of our planet and its colorful nations.

Featuring breathtaking fireworks, brilliant bursts of fire, laserlight effects, dramatic fountain barges, a stirring musical score and the world's first spherical video display system—the 350,000-pound Earth Globe—IllumiNations: Reflections of Earth is an inspirational nighttime spectacular bursting with surprises for the entire family.

The Story of lllumiNations

IllumiNations: Reflections of Earth at Epcot tells the story of our planet in 3 unforgettable acts.

• Act 1: Chaos — Bear witness to the explosion at the dawn of time that brings about the creation of Earth, where you are invited to observe the Inferno Barge, a liquid-propane mechanism launching balls of fire 60 feet into the air.
• Act 2: Order — Behold the glowing Earth Globe as it glides peacefully to the center of the lagoon, illuminated with—and celebrating—the famous faces and achievements of our time.
• Act 3: Meaning — During this final act, the Earth Globe blossoms to reveal a torch and the glow of a thousand fireworks and laserlights that fill the night sky in a shimmering kaleidoscope of color and sound, propelling us into the future.

IllumiNations: Reflections of Earth can be viewed anywhere throughout the World Showcase that offers a clear view of the World Showcase Lagoon.