Manager of Green and Spiegel’s U.S. Investors and Entrepreneurs Division, Matthew Galati recently co-authored an article for EB-5 Investors Magazine with CanAm Enterprises’ Director, In-house Immigration Counsel, Walter Gindin. The article, “Most importantly, the EB-5 Submission Must be Credible”, stresses the importance of honesty and thoroughly documenting EB-5 submissions in the I-526, I-924, and I-829 contexts.
Gindin and Galati argue that USCIS values the level of credibility presented in EB-5 filings as the most important element of adjudication. Immigration counsel’s role is to “maintain a fanatical devotion to ensuring the petition is presented consistently and substantiated across thousands of pages.”
In this article, the two investment immigration attorneys reviewed analogous federal court decisions addressing the issue of applicant credibility and covered common pitfalls in the EB-5 process. The co-authors further discussed the best practices in approaching EB-5 filings to ensure the chances of successful adjudication. More specifically, the article addresses how to avoid supplemental Requests for Evidence (RFE) and/or Notices of Intent to Deny (NOID), each commonly issued when the USCIS questions a Petitioner or Regional Center’s credibility.
Founded in 1962, Green and Spiegel is one of North America’s oldest and largest immigration law firms, assisting entrepreneurially-minded immigrants achieve their immigration goals for over five decades. Led by five partners. 17 associates and a supporting team of over 100 individuals, the Firm offers solutions for the U.S. EB-5 Immigrant Investor Program, as well as representation for Canada’s Quebec Immigrant Investor Program (QIIP) and Provincial Nominee Program (PNP). Green and Spiegel also assists investors seeking immigration benefits in Grenada, Antigua and Barbuda, Spain, and Portugal.
CanAm Enterprises, LLC (CanAm), has more than 30 years of experience in promoting and administering private and government immigration-linked investment funds. In 1987, CanAm had its beginning in Canada’s Business Immigrant Investment Program (BIIP). Beginning in 2002, CanAm shifted its focus to the U.S. EB-5 Immigrant Investor Program. Since then, it has had designated or reaffirmed seven Regional Centers that have cumulatively raised more than $2.5 billion in EB-5 capital for 54 projects, representing over 5,000 immigrant investor families.
