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CanAm Enterprises, LLC EB-5 Workshop June 26, 2008. H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017
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CanAm Enterprises,LLCEB-5 WorkshopJune 26, 2008 H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840rklasko@klaskolaw.comwww.klaskolaw.com
H. Ronald Klasko, Esq. • Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading corporations, universities, research institutions, hospitals, and individuals for over 25 years. • Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipients of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. • Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. by The Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers 2007 edition selected Ron as the “most highly regarded” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School. • Ron is a graduate of the University of Pennsylvania School of Law.
Foreign Nationals Who Should Consider EB-5 Regional Center
1. Retirees 2. Potential H-1B shut out by quota 3. H-1B nearing six year limit 4. Investors from non-treaty countries
5. Individual owner of a business outside of the U.S. 6. Entrepreneurs who want to set up a new business in the U.S. 7. Potential L-1 applicants who are nationals of China or Russia 8. F-1 student who wants to start a business
9.Spouse of permanent resident 10. Doctor who has not passed USMLE 1, 2 and 3 11. Foreign nationals in a multiple-year immigrant quota waiting list 12. CEO/manager of a company who is not a transferee
13.Parent who wants the children to go to school in the U.S. 14. Foreign national employed by employer who cannot or will not pay legal fees and advertising costs for a labor certification 15. Any foreign national with an urgent need or desire to become a permanent resident
Attorney Due Diligence on Regional Centers
1.When was the regional center approved by USCIS? 2.Has the regional center’s program been reviewed by the AAO? If so, what was the result?
3. Is the regional center affiliated with any government entity? 4. How many years of experience does the general partner or principal in the investment project have in working with immigrant investor programs?
5.How many years of experience do the principals involved in the regional center have in job creation? 6.Does the regional center investment include direct job creation? Indirect job creation? Both?
7.How many I-526 petitions have been filed by investors in the regional center? How many have been approved? How many have been denied? 8.How many I-829 conditional removal approvals have the regional center investors received? How many denials? How many of each within the last two years?
9.Does the investor have to make any deposit or pay any fee for the offering materials? 10. What is the amount required to be paid by the investor?
11. Is payment made into an escrow account? Is the investment amount refunded if the I-526 is not approved? Is any amount deducted? 12. Can the investor redeem his investment following condition removal?
13. What provisions are made regarding the security of the investment? 14.What use is made of the investor’s funds? What is the type or types of projects? 15. What has been the rate of return to investors historically?
16. Does the regional center provide regular reporting of the status of the investment to the investors? At what intervals? 17. What precautions are taken to monitor job creation? What steps are taken if the requisite job creation has not occurred?
18. Who are the attorneys who regularly represent the regional center? 19. Under what circumstances are other attorneys allowed to file the I-526 petition?
20. Does the regional center’s attorney contact the foreign national directly, or can the referring attorney maintain all contact with the foreign national? 21. Does a referring attorney get any fee from the regional center? Please describe.
For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com