Comment: Photos from Houston H1B to EB5 Expo

ILW.COM conducted a H1B to EB5 Expo in Houston, on February 18, 2019. See photos below.

A Regional Center presenting to the audience of investors

 Houston Expo Image 1

Investors interacting with exhibitors during networking breaks

 Houston Expo Image 2

The audience of investors listening to presentation

 Houston Expo Image 3

Investors interacting with exhibitors during networking breaks

 Houston Expo Image 4

Exhibition/speaking opportunities for March 2019 H-1B events are available. Please see below for our current H1B to EB5 Expo schedule:

Date

City

Monday, March 11, 2019

Washington, D.C.

Wednesday, March 13, 2019

Dallas, TX

Friday, March 15, 2019

Seattle, WA

Monday, March 25, 2019

Philadelphia, PA

Wednesday, March 27, 2019

Phoenix, AZ

Friday, March 29, 2019

San Jose, CA

To find out more please call 212-545-0818 or email webmaster@ilw.com or click here Don’t delay, act today!

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Blogging: On the Morality of Deporting Criminals By Jason Dzubow

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News: CRS Report on US Asylum Policy

Focus: Immigration Attorneys and Securities Liabilities

ILW , being an immigration law publisher for the past 20 years, cares deeply about the long term health of the immigration bar. ILW has the best interest of the immigration bar in our heart, and we have a long track record bearing this out. We want to bring a point to the attention of the immigration bar.

We talk regularly to securities attorneys in the course of our business. Some of them have pointed out to us that most immigration attorneys are making an elementary mistake of suggesting to their clients "good" regional centers or "how to find good RCs". If an immigration attorney were to suggest a project is "good" that creates a securities liability for the attorney. An immigration attorney can fully legitimately evaluate any immigration aspects of the project, such as the job count without incurring any securities liability whatsoever. However, saying the project is "good" or "short-listed" based on such things as deal structure, deal term, location, track record or any criteria is tantamount to recommending an investment which opens the immigration attorney to securities liability. The liability of this kind is not just limited to professional liability, but extends to personal liability. You are welcome to check this with a securities attorney.

We are making no claim regarding the ethics of directing investors to specific Regional Centers--we are simply pointing out the liability that act is burdened with it even if it is within the bounds of securities laws. A typical $15,000 I-526 attorney fee is a very small premium to underwrite insurance on a $500K investment over 5 years--and there is no reason why an immigration attorney should shoulder such unnecessary risk, opening themselves to an out of proportion risk for a relatively small reward.

By suggesting to an investor that an RC or project is good, the attorney is leaving the realm of providing legal advice and entering the world of providing financial advice. Typically, in order to do so, a person should be either a representative of a registered broker-dealer, or be a registered investment adviser. Those two classes of individuals are regulated, trained and held to a standard of professional conduct, which if they follow, insulates them from potential liability in the event that an investment doesn’t work out as expected. A lawyer who dispenses financial advice will be held to the standard of these investment professionals. If they do not follow the professional standards, then personal liability will apply and it is the kind of liability that is typically disclaimed by legal malpractice insurance.

Historically, Chinese investors have been reluctant to sue, but that is not true of investors of other nationalities like India. Also, remember that almost the entire bulk of EB-5 investments have taken place during an economic upswing from 2008 to the present. The EB-5 industry has not seen a recession yet. When a recession hits, there will inevitably be failures and investors affected by the failures will be looking for parties to sue including their immigration attorneys if they pointed them to their project, however innocently.

Be safe; don't be sorry. Don't suggest to any client what is a "good" project other than the job counts. We are disappointed that bar associations have thrown attorneys to the wolves by not stressing this point. We encourage bar associations to caution attorneys about not taking on unnecessary liability.

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Letters of the Week

ComingsNGoings: Immigration Reading
Our 50-State Border Crisis: How the Mexican Border Fuels the Drug Epidemic Across America By Howard G. Buffett Hachette Books, 384 pp. Hardcover, ISBN: 0316476617, $14.24 http://www.amazon.com/exec/obidos/ASIN/0316476617/centerforimmigra Paperback, ISBN: 0316476595, $12.18 http://www.amazon.com/exec/obidos/ASIN/0316476595/centerforimmigra Kindle, 58777 KB, ASIN: B074M6FT8F, 385 pp., $14.99


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