AILA 2010 EB-5 INVESTORS CLE CONFERENCE INVESTING IN AMERICA MAKING EB-5 WORK FOR YOUR CLIENTS AND YOUR PRACTICE FRIDAY, AUGUST 27, 2010

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1 AILA 2010 EB-5 INVESTORS CLE CONFERENCE INVESTING IN AMERICA MAKING EB-5 WORK FOR YOUR CLIENTS AND YOUR PRACTICE FRIDAY, AUGUST 27, 2010 FACULTY BIOGRAPHIES K. David Andersson is President of the Association for Investment in the U.S.A. ( IIUSA ) - the trade and advocacy of association for Regional Centers in America. He is also a principal in the Whatcom County Regional Center operating out of Bellingham, WA. focusing on investment in retirement living in the county. Mr. Andersson also currently serves on the AILA EB5 Committee. He practices immigration law as Principal of Andersson Cross Border Law Corporation, with offices in Vancouver, British Columbia and with Cascadia Cross Border Law in Bellingham, WA. Mr. Andersson also currently serves as President of the Pacific Corridor Enterprise Council, a cross-border business and advocacy organization. Past service to AILA includes Chair of the Washington State Chapter, CBP Liaison Committee and the AILA National CBP Liaison & Advocacy Committee. Elsie Hui Arias is an associate attorney at Stone & Grzegorek LLP in Los Angeles. She is certified by the State Bar of California Board of Legal Specialization as a specialist in Immigration and Nationality Law. She has extensive experience in employment- and investment-based immigration matters, as well as waivers for inadmissibility. Additionally, she has represented individuals in deportation/removal proceedings before the immigration court, Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. She has spoken on various immigration topics at law conferences, and is the co-author of the articles Practical Guidance in Preparing I-526 and I-829 Petitions and Navigating the Lawful Source Requirement for EB-5 Immigration. Ms. Arias is a graduate of the University of California at Berkeley and the University of California at Davis School of Law. Boyd F. Campbell has practiced immigration and nationality law in Montgomery, Alabama since He has served AILA as a mentor for many years and currently serves as vice chair of the EB-5 investors committee. He provides EB- 5 program compliance services, prepares regional center applications, and works on EB-5 reform legislation. Mr. Campbell is general counsel of America s Center for Foreign Investment, LLC, and advises regional center clients on administration and internal operations. He is included in the 2010 edition of The Best Lawyers in America and is a member of AILA s Atlanta chapter. Edward J. Carroll (ecarroll@cslaw.us) devotes his practice to EB-5 and Treaty Investor (E-2) matters. He counsels regional centers, enterprises and investors on EB-5 issues and is designated by various approved regional centers to file EB-5 petitions. Mr. Carroll is a frequent presenter on U.S. immigration law to Bar Associations and business groups in the U.S. and abroad. His writings have appeared in publications of the American Bar Association, the Vermont Bar Association, Canadian media and in AILA publications. Mr. Carroll comments on radio and television on immigration issues. He has taught immigration law at the Vermont Service Center. Mr. Carroll is a member of AILA s EB-5 committee. He practices at Carroll & Scribner, P.C., in Burlington, Vermont.

2 Robert C. Divine is the Chairman of the Immigration Group of Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C., a law firm of 560 lawyers and public policy advisors with offices in 14 cities from Washington, D.C. to New Orleans. Mr. Divine served from July 2004 until November 2006 as Chief Counsel and for a time Acting Director of U.S. Citizenship & Immigration Services (USCIS). He is the author of Immigration Practice, a 1,600 page practical treatise on all aspects of U.S. immigration law that is revised and reprinted annually to reflect the law s constant changes. He has practiced immigration law since 1986 and has served as Chair of various committees of the American Immigration Lawyers Association. He is Vice President of the Association to Invest in the USA (IIUSA), an association for EB-5 regional centers. His practice includes all aspects of U.S. immigration law, representing large and small international and domestic employers, family sponsors, investment regional centers, and individual foreign nationals. He has also litigated significant business matters, including class action employment discrimination, contract, commercial, product liability, antitrust, ERISA benefits, business torts (including RICO, misrepresentation, Consumer Protection Act), and immigration-related criminal matters. Peter S. Erly moved to Vermont in 1987 from Atlanta, Georgia, where he practiced securities law. He has been with Gravel and Shea since that time. Education - Georgetown University Law Center, J.D. 1981, cum laude Editor of American Criminal Law Review Williams College, B.A. 1975, cum laude, Political Economy. Memberships & Affiliations: Chair and Co-chair, Vermont Bar Association Business Associations Committee, ; Co-chair, Vermont Limited Liability Company Act Drafting Committee, ; Member, Vermont Bar Association Business Corporation Act Drafting Committee, (primarily responsible for drafting Chapter 14 [dissolution] of the Vermont Business Corporations Act); Co-chair, Vermont Business Association Drafting Committee, Vermont Securities Act, ; Member, American Bar Association Section of Business Law and Section of Taxation; Lead role in 2008 Vermont Bar Association drafting subcommittee responsible for corporate law revisions included in the Vermont Digital Corporations Act. Jack Finkelman is a shareholder with the firm of Packman, Neuwahl & Rosenberg in Coral Gables, Florida. He was born in Cuba and raised in Canada where he received his business degree from McGill University in Montreal, Quebec, Canada, and his law degree from the University of Windsor, Ontario, Canada. Mr. Finkelman s firm specializes in international matters and his immigration practice is focused on business related cases with an emphasis on professionals, health care workers, entrepreneurs and investors. Robert P. Gaffney, a California State Bar Certified Specialist in immigration and nationality law, has over 25 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. Through his law firm in San Francisco he has a strong practice focus on representing individual investors in obtaining permanent residence, and counseling U.S. businesses in the development of investment opportunities designed to qualify foreign direct investors for immigrant status under the EB5 provisions. Mr. Gaffney, who is fluent in Mandarin Chinese, received his B.A. degree in Chinese Studies, summa cum laude, from U.C. San Diego (1973), completed graduate studies at the University of Michigan, Center for Chinese Studies ( ), and received his J.D. degree from U.C. Hastings College of the Law (1980). David Hirson has 30 years experience in the practice of immigration law, he 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 is certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization. David has been Chair of the State Bar of California, International Law Section and was Co-Author of the Immigration Chapter Section of Corporate Legal Departments, Practicing Law Institute. He has also lectured extensively to Bar Associations, Human Resources Associations, Chambers of Commerce, and Investment programs in the U.S. and abroad. His focuses on corporate immigration and also compliance with immigration laws. David has been involved in EB-5 related work since the inception of the program in In fact he was visiting in the Senate in 1990 when the EB-5 bill was marked up. At that time our current Vice President, then Senator Biden, stated his opposition to the bill. Since then Mr. Hirson had one of the first EB-5 cases approved by the INS (now USCIS) under the new EB-5 program. That case was the first EB-5 case to be adjudicated and approved at the AIT, Taiwan (the office that functions like a US consulate in Taiwan). In the mid 1990s he won four appeal cases after giving oral argument before the Administrative Appeals Unit (AAO) of the legacy INS in Washington DC. He has written several published articles and delivered many lectures over the years to attorneys, bar associations and the public both in the US and abroad. 2

3 Robert E. Juceam is Of Counsel to and former Senior Partner of Fried, Frank, Harris, Shriver & Jacobson LLP. His practice includes complex commercial litigation, insurance and reinsurance arbitration and defense of malpractice and disciplinary claims. Resident in th4 New York Office, and formerly Chair of the Firm s Washington DC litigation department, he is a past president of the American Immigration Lawyers Association and past Chair of the Ethics Committee of AILA and of its New York Chapter. Kate Kalmykov an Associate in Klasko, Rulon, Stock & Seltzer s New York City office, focuses her practice on business immigration. Kate has extensive experience in preparing EB-5 immigrant petitions for investors. She regularly develops creative immigration solutions for high net worth individuals and entrepreneurs investing in the United States. Kate also works with corporate clients, hospitals and universities on providing creative immigration solutions to visa and work authorization needs of their employees including persons of extraordinary ability, outstanding researchers, individuals who immigration is in the national interest, managers and executives, professionals, and treaty investors and traders. A member of the American Immigration Lawyers Association (AILA), Kate chairs the New York Chapter's Continuing Legal Education committee, serves as Secretary of the Chapter's District Director Liaison committee and is a member of the AILA National Conference Planning Committee. Within the American Bar Association, Kate currently serves as Vice-Chair of the Immigration and Naturalization Sub- Committee of the Section of International Law and Program Chair of the Immigration Litigation Sub-Committee of the Section of Litigation. H. Ronald Klasko (Ron) (rklasko@klaskolaw.com) is one of the country s leading lawyers representing investors in EB-5 cases and treaty investor (E-2) visas. He is the Chair of the EB-5 Committee of the American Immigration Lawyers Association. Ron is a designated preferred attorney for filing EB-5 petitions for five of the approved regional centers. He has spoken at conferences around the country on EB-5 issues, including serving as discussion leader on the EB-5 programs at the AILA Annual Conference. Ron is also well known for his work in the treaty investor (E-2 visa) area. Ron was the lead attorney on the famous Matters of Walsh and Pollard case, which established the key precedent for treaty investor visas. Ron Klasko is a founding member of Klasko, Rulon, Stock & Seltzer, LLP and serves as its Managing Partner. He has practiced immigration law exclusively for over three decades. Under his leadership, the firm has been chosen with four other firms by Chambers Global as the top U.S. business immigration law firms. Ron, himself, was named as one of the top two most respected corporate immigration lawyers in the world for the last four years by the International Who s Who of Business Lawyers. Ron is a former national president of the American Immigration Lawyers Association (AILA). He served as General Counsel of that organization and has been a member of its Board of Governors since He has also served as National Chair of AILA s Business Immigration Committee. He is one of only three practicing attorneys ever honored with the AILA Founders Award for his contributions to immigration jurisprudence. Ira J. Kurzban is a partner in the law firm of Kurzban, Kurzban, Weinger & Tetzeli, PA, of Miami, Florida. Mr. Kurzban, has argued several cases before the United States Supreme Court and has been recognized by Newsweek, Time and Esquire Magazines, as well as the National Law Journal and American Lawyer for his work on behalf of immigrants and refugees. He is the author of Kurzban s Immigration Law Sourcebook, the most widely used onevolume immigration source in the United States. Linda Lau (J.D., University of California, Los Angeles, School of Law) currently serves as Vice Chair on the American Immigration Lawyers Association (AILA) EB-5 Committee and is a former chair and member of the Executive Committee of AILA s Southern California chapter. Her Los Angeles-based firm, Global Law Group, specializes in U.S. and global immigration strategies for professionals and high net-worth individuals. Admitted as a member of the California State Bar Association and a solicitor of England and Wales, Ms. Lau is the sole appointed U.S. agent coordinator of the Canadian and UK immigrant investor programs from Hong Kong Shanghai Bank Corporation (HSBC), Global Investor Immigration Services. Martin J. Lawler is a California immigration law specialist with over thirty years experience. He is the author of Professionals: A Matter of Degree, a treatise on business visas. Professionals, published by the American Immigration Lawyers Association (AILA) now in its fifth edition (released in June 2009), is a leading text on professional visas. In its fourth edition, Professionals was chosen by the San Francisco Law Library as its book of the month. Martin has also authored many book chapters and articles. The Wall Street Journal published two op-ed 3

4 articles by Martin in On September 7, 2007, he was a guest speaker on National Public Radio s Science Friday program about visas for scientists. In May 2010, CNBC ran an excellent story on EB-5 visas in which Martin appeared. The link is Martin has lectured on various visa matters, including engagements at Harvard University, Tulane University, American Immigration Lawyers Association (AILA) Annual and other conferences, the American Law Institute, the San Francisco Bar Association, and the American Chemical Society, among other venues. Martin has been a member of AILA s EB-5 investor visa committee In 2009, he also spoke at AILA s only all EB-5 conference and led AILA s Texas conference panel on EB-5 visas. Previously, he chaired AILA s H-1B visa committee. Martin is the 1996 recipient of the AILA Jack Wasserman Memorial Award for excellence in immigration litigation. He has also received a number of AILA presidential awards. He is Martindale-Hubbell A rated and listed in Best Lawyers in America. Carolyn S. Lee (csl@millermayer.com) is a partner at Miller Mayer, LLP ( in Ithaca, NY. She earned her BA degree cum laude from Williams College, and her JD degree with specialization in International Legal Affairs from Cornell University Law School. Her practice focuses on EB-5 immigrant investors, foreign medical graduates, and artists. Carolyn co-writes an annual EB-5 update article for the AILA annual conference handbook. She also has a regular EB-5 column on ilw.com and is listed on International Who s Who of Corporate Immigration Lawyers. She is on the AILA EB-5 Investor Committee, as well as the AILA Investor Conference Committee. Her complete bio info is at: David W. Leopold, AILA President ( ), practices removal defense, federal court litigation, and business and family immigration in Cleveland, Ohio. His past AILA positions include director of the Board of Governors, ICE liaison committee chair, due process committee chair, and Ohio chapter chair. Mr. Leopold is a co-founder of the AIC (formerly AILF) Litigation Institute, a senior editor of the Immigration & Nationality Law Handbook, and contributing author to the Visa Processing Guide and Consular Posts Handbook. David M. Morris (Morris@VisaLawGroup.com) is the managing member of the Visa Law Group PLLC law firm in Washington DC. He has practiced exclusively in the area of immigration for past 17 years. David has 10 years of hands on experience with the EB-5 investor visa program in both pre- and post-izummi decision years. In December 2008, he won an important AAO victory expanding the troubled business classification in the EB-5 program. He has established or amended two Regional Centers, and has assisted individual investors representing 14 different countries in the past year. Susan L. Pilcher, spilcher@cslaw.us, is Of Counsel to the firm of Carroll & Scribner, P.C. in Burlington, Vermont, where her general immigration practice includes a substantial focus on EB-5 and investment-related matters. Ms. Pilcher s professional background features 20 years of immigration law experience, including nearly a decade as fulltime law faculty. She earned her law degree with distinction from Stanford Law School, where she served as Managing Editor of the Stanford Law Review. Denyse Sabagh the head of the Duane Morris LLP s Immigration Department, practices in the areas of immigration and nationality law and litigation. Ms. Sabagh is a former AILA National President and General Counsel and currently serves on the Board of Governors. She has appeared in national and international media as an expert in immigration issues. She has been involved with the EB-5 program since the inception from lobbying to pass the initial law to the current state of play. She is on the Board of Directors of Invest In The USA, has represented immigrant investors and spoken nationally on the EB-5 program and issues. Dale M. Schwartz earned his J.D. from the University of Georgia. He is author of various articles on immigration law, and is a past president of AILA ( ). Mr. Schwartz serves on a number of national boards of organizations concerned with immigration and refugee matters, and has testified as an expert witness before committees of the U.S. House of Representatives and the U.S. Senate on immigration legislation. He has been honored for his contributions in the immigration law field (including the AILA Jack Wasserman Memorial Award for litigation) and has been a frequent guest on national radio and television programs. Mr. Schwartz is an adjunct professor at Emory University School of Law. He is listed in The Best Lawyers in America, Atlanta Magazine s Best Lawyers in Atlanta, Atlanta Super Lawyers, Who s Who in America and Who s Who in the Legal Profession. 4

5 Lincoln Stone practices immigration law at Stone & Grzegorek LLP in Los Angeles. He is the Conference Program Chair of AILA s EB5 Investor Visa Conference, held in San Francisco in October 2009 and in Boston in August Mr. Stone s legal training includes the University of Notre Dame Law School, a federal court clerkship with Honorable Robert A. Grant, trial attorney experience with the U.S. Immigration and Naturalization Service, and private practice experience in business transactions and litigation. He served as Chair of AILA s National Pro Bono Committee, and Chair of the State Bar of California Board of Legal Specialization s Immigration and Nationality Law Advisory Commission. Mr. Stone served five years as Chair of AILA s Investor Visa Committee, and is the Editor-in- Chief of the first and second editions of Immigration Options for Investors and Entrepreneurs, published by AILA. Mr. Stone s writing in the immigrant investor field includes such works as Immigrant Investment in Local Clusters, Policy Considerations in the Immigrant Investor Pilot Program, and Conditional Permanent Residence and Immigration Risk for Investors, among many other articles. Mr. Stone holds the degrees of Juris Doctor, Master of Arts in Humanities, and Bachelor of Business Administration. Cletus M. Weber, Co-Founder and Managing Member of Peng & Weber, PLLC. Mr. Weber has two decades of legal experience, primarily focusing on representing clients nationwide in the areas of National Interest Waivers (NIW), Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB1C), Immigrant Investors (EB5), and J1 Waivers, as well as PERM labor certification, H1B, L1, and other areas of employment-based immigration law. He has written, spoken, and edited nationally on alternatives to labor certification, H-1B cap exemptions, and law office management and technology. Mr. Weber is a graduate of The National Law Center, George Washington University, Washington, DC (J.D. 1989). Kenneth White, Esq. Managing Partner of White & Associates. Member of the Bar Associations of Washington, D.C. and the State of Pennsylvania, the U. S. Courts of Appeals for the D.C. and 9th Circuits, and the U. S. District Court for the District of Columbia. He graduated with honors from the George Washington University National Law Center in Washington, DC. Mr. White worked in all three branches of the U.S. government before embarking on private practice. He has worked in Congress; the Department of Commerce; the Department of State; and the District of Columbia Superior Court. Before founding White & Associates, he worked as a consultant to American Express. Mr. White is fluent in Russian and the author of a number of books and publications in the Russian language on immigration issues, including the books U. S. Immigration and Citizenship (2010); U.S. Nonimmigrant Visas (2008); Handbook for Immigrants to Canada (1999); and the articles Challenging a Find of Inadmissibility, Russian EB-5 Investors Unwrapping the Mystery, 214 (b): Top 25 Reasons Why Visa Applicants are Denied. Mr. White has also presented immigration-related seminars in Russia, Ukraine, Belarus Turkey, and the United States, and expert testimony on U.S. immigration law in Russian court. Mr. White has been an active member in the American Immigration Lawyers Association since 1994, and most recently served as the Liaison between the Association and the U. S. Embassy in Moscow. Bernie Wolfsdorf is the immediate past President of the American Immigration Lawyers Association (AILA). He has been named the "most highly rated immigration lawyer in the world by the 2010 edition of International Who's Who of Business Lawyers. [Mr. Wolfsdorf] received more votes from clients and peers worldwide than any other lawyer. The California Edition of Who's Who recognized Mr. Wolfsdorf as one of the prestigious names in the field who knows his stuff back to front. The Chambers Global World's Leading Lawyers for Business guide noted Mr. Wolfsdorf's "outstanding consular law practice" and called him a "cutting-edge thinker." He is listed in 2010 editions of Best Lawyers in America, Martindale Hubbell's Pre-eminent Specialist Directory, Southern California Super Lawyers, Chambers USA and the Chambers Global World's Leading Lawyers for Business. Mr. Wolfsdorf is a California State Bar-Certified Specialist in Immigration and Nationality Law and can be reached via at bernard@wolfsdorf.com Stephen Yale-Loehr (syl@millermayer.com) is co-author of Immigration Law and Procedure, the leading immigration law treatise, published by LexisNexis Matthew Bender. He also teaches immigration law and asylum law at Cornell Law School, and is of counsel at Miller Mayer ( in Ithaca, NY, where he practices primarily EB-5 law. He is vice-chair of the American Immigration Lawyers Association (AILA) s Business Immigration Committee and was the founder and initial executive director of Invest In the USA, a trade association of EB-5 regional centers. He graduated from Cornell Law School in 1981 cum laude, where he was Editor-in-Chief of the Cornell International Law Journal. He received AILA s Elmer Fried award for excellence in teaching in 2001, and AILA s Edith Lowenstein award for excellence in the practice of immigration law in

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