Perspective in the US Immigration Law Sector: Government of President Donald Trump and its impact on EB-5 program

Recently, Donald Trump name has become even more popular with the victory in the American president election. This is understandable because in recent years, there have been a lot of news and doubts over the impact of the new government on the world (e.g. large wall policy or trade agreements), so the purpose of this article is to clarify concerns about EB-5 residential settlement investment program.

The 45th New President of the United States - Donald Trump

The 45th New President of the United States - Donald Trump

Our Company closely links to the EB-5 program at many different levels and our viewpoints on EB-5 are specified: To answer the question "whether EB-5 program shall be removed or not?", the answer would be "definitely no". Why the answer “definitely no” is? Usually, the simplest path to clarify the meaning of this thing is "going after money". Hereinafter we would like to mention the information from the perspective of a person in the sector.

Whether the result of this election caused a lot of surprise, but the forecasts for the EB-5 program have not been changed - we still expect that the EB-5 program will continue. Our Company has a busy schedule to meet with the investors and partners all over the countries, including China, Korea, and of course including Vietnam. Our partners are the Regional Centers and project partners  still continue implementing their plans on EB-5. And the investors in China, Vietnam, Dubai and around the world have been promoting the implementation of their record I-526 (and certainly hope to avoid an increase in filing charges of the Department of Immigration on December 23rd, 2016).

Next, the goal is still the adoption of new law (with a short extension after December 09th, 2016 and the stronger drafts can be passed in February or March 2017). USCIS is still preparing for the new documents and regulations on the EB-5 program.

Finally, regardless how people feel about Trump, at the core, he is still a businessman. It is necessary to remember, family of Mr. Trump has been very familiar with the EB-5 program because they have used EB-5 capital to build a lot of their projects (including the Trump Tower in New Jersey and golf yard in Florida).

And above all, the EB-5 program has created a too strong and important capital market to the US economy, so it is very difficult for this program to be canceled. No country can reject a capital market up to billions of dollars - even America. In short, life still goes on, and all things in life are relative and nothing is guaranteed, but we and many stakeholders in the sector have the same expectations – the EB-5 program will still exist and continue in the future. Our Company will always adapt and grow with any changes and we will continue to serve our customers in the field of EB-5 and worldwide.

Written by lawyer Phuong Le - David Hirson & Partners

Phuong Le - Immigration Lawyer

Luật sư Phương Lê

Joining the EB-5 program since 2008, the lawyer Phuong Le specialized in advising the enterprises, real estate developers and the Regional Center in the establishment of structure, implementation and financial management of EB-5 project.

His achievements are developed based on experiences in representing all participants attending the EB-5 program, including the individual investors, business owners, real estate developers and the internal advisors of the major regional Centers in Southern California.

He advises enterprises in the establishment and management of their Regional Center, helps the enterprises to file form and report in compliance with provisions of the EB-5 program every year, outline forms of I-526 and I- 829 to the Regional Center to ensure the smooth form submission of the investors. He also actively participates in the peer review of EB-5 records of the other lawyers.