2024 AILA Investors and Entrepreneurs Conference & Webcast

2024 AILA Investors and Entrepreneurs Conference & Webcast

2024 AILA Investors and Entrepreneurs Conference & Webcast: Recordings
$795.00
Live Event Date: 02/19/2024 - 02/20/2024
Format Length CLE Eligible
Conference 2 Days Yes

Are you interested in taking a deep dive into immigration options for entrepreneurs and investors? Do you like good music and amazing culinary experiences? Then the 2024 AILA Investors and Entrepreneurs Conference & Webcast is the perfect fit for you! Held on Monday and Tuesday, February 19 and 20, at the InterContinental New Orleans in the “Big Easy,” this two-day conference and webcast will cover EB-5, E, and L visas, as well as other creative solutions for your clients exploring opportunities to invest and/or start a new business. Our faculty of experts will draw from their decades of collective experience to provide an adept overview of the current trends, cover the latest updates, advise on best practices, and offer guidance aimed at helping you provide comprehensive representation for your investor and entrepreneur clients.

All in-person/virtual webcast registrants receive:

  • Digital handbook
  • Access to virtual webcast
  • Conference recordings (CLE eligible in most jurisdictions)
2024 AILA Investors and Entrepreneurs Conference and Webcast

February 19–20, 2024
InterContinental New Orleans
New Orleans, LA
Monday, February 19, 2024 | Tuesday, February 20, 2024

Times listed on the program are Central Time (CT)

Note: All sessions and events are subject to change without notice.


Monday, February 19, 2024
7:30 am – 5:00 pm Registration and Exhibits
8:00 am – 8:10 am Welcome and Remarks

Jennifer Hermansky, AILA EB-5 Investor Committee Vice Chair, Conference Program Co-Chair, Philadelphia, PA

Ian D. Wagreich, AILA USCIS HQ (Benefits Policy) Liaison Committee, Conference Program Co-Chair, Chicago, IL

8:10 am – 9:10 am Hot Topics: Legislative and Agency Update

Our panel of experts will provide an overview of current issues impacting investors and entrepreneurs, including proposed regulations, legislative activity, high-impact litigation, and executive actions.

  • EB-5 Reform and Integrity Act of 2022 and its implementation
  • Biden Administration initiatives affecting investors and entrepreneurs
  • H-1B proposed rules
  • Artificial intelligence (AI) executive order
Faculty
  • Jeff Joseph (DL), AILA First Vice President, Denver, CO
  • David Morris, AILA EB-5 Investor Committee Chair, Washington, D.C.
  • Doug Rand, Senior Advisor to the Director, USCIS, Washington, D.C
  • Sharvari (Shev) Dalal-Dheini, AILA Director of Government Relations, Washington, D.C.
9:10 am – 9:40 am Networking Break
9:40 am – 10:40 am Overview of the EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (RIA) provided a five-year reauthorization of the immigrant investor visa program. Included in the legislation were substantial changes to the Regional Center Program. The primary goals of the law are to attract more foreign capital to the United States, create more jobs, protect investors from fraud, and ensure that EB-5 investments are directed to areas of economic need. The panelists will delve into the specifics of these reforms.

  • Investment amounts, targeted employment area (TEA) rules, visa set asides
  • Treatment of pre-RIA investors
  • Fund administration and reporting to USCIS and investors
  • Changes to job creation requirements
  • Integrity measures for regional centers
Faculty
  • Kristal J. Ozmun (DL), AILA EB-5 Investor Committee, Conference Program Committee, Ithaca, NY
  • Michele A. Franchett, AILA EB-5 Investor Committee, Los Angeles, CA
  • Michael A. Harris, AILA EB-5 Investor Committee, Miami, FL
10:40 am – 11:10 am Networking Break
11:10 am– 12:10 pm Small Doesn’t Mean Less Complex: E-1s and E-2s for Small-to-Medium-Sized Companies

Your client has just reached out with a promising idea to start or expand their business in the United States, stating “it will be a small, straightforward business.” Attorneys beware! Small doesn’t necessarily mean less complex in the immigration context. Our panelists will address considerations relevant to small and emerging businesses, including complex issues relating to E-1 and E-2 visa requirements for individual investors or traders and small-to-medium-sized companies to better prepare attorneys when they need to advise their most entrepreneurial clients.

  • E-1 and E-2 considerations for new U.S. enterprises: substantial E-1 trade and E-2 investment, marginality, and necessary documentation
  • Should a change from E-1 to E-2 be considered?
  • How the existence of overseas operations can impact strategy
  • Complex ownership issues, including controlling interest, ownership in a trust, dual nationality companies, etc.
  • USCIS processing vs. consular visa issuance for initial and subsequent
  • E-1 and E-2 principals and dependents
Faculty
  • Janice A. Flynn (DL), AILA CBP Liaison Committee, Conference Program Committee, London, UK
  • Jonathan A. Grode, AILA CBP Liaison Committee, Philadelphia, PA
  • Silvia Romo Graves, Houston, TX
12:10 pm – 1:00 pm Lunch Break
1:00 pm – 2:00 pm Challenges Transitioning from Nonimmigrant Status to Lawful Permanent Residence

Treaty trader and investor options are often attractive to entrepreneurs; however, the long-term utility of these categories is frequently complicated by the lack of a clear path to permanent residence. The panelists will analyze common and establishedpathways from an E visa to a green card. They will weigh the various options and discuss the strategic considerations for each, including timing.

  • Utilizing overseas employment to get to EB-1C: pros and cons and potential roadblocks
  • EB-2 National Interest Waiver (NIW) or EB-1A: Are they extraordinary? Does their work focus on resolving a national issue?
  • E-2 to EB-5: How does this work? Is it better to go direct or through a regional center?
  • Options through the E-1/E-2 spouse
  • When is PERM an option?
  • International travel, USCIS extensions, and new visas
Faculty
  • Bernard P. Wolfsdorf (DL), AILA Past President/EB-5 Investor Committee, Santa Monica, CA
  • Edward C. Beshara, Maitland, FL
  • Mark I. Davies, London, UK
2:00 pm – 2:30 pm Networking Break
2:30 pm – 3:30 pm A Brave New World: Advising New EB-5 Investors

The EB-5 marketplace is revitalized, and EB-5 investment capital is increasingly flowing into the United States after years of serious uncertainty. Our panelists will discuss a range of issues immigration attorneys should be informed about to properly advise new immigrant investors on the EB-5 journey, as well as the uncertainty that remains today.

  • Post-RIA project issues: TEA calculations, job creation, and Form I-956F
  • Reserved visa wait times and visa set aside categories
  • Sustainment of investment period
  • Gifts and loans as a source of funds, and path-of-funds issues
  • Concurrent adjustment of status, employment authorization document (EAD) and advance parole (AP) issues, and misrepresentation and the 30/60/90-day rules
  • “Direct”/non-regional center I-526 petition restrictions
Faculty
  • Christian A. Triantaphyllis (DL), Houston, TX
  • Dillon R. Colucci, AILA EB-5 Investor Committee, Los Angeles, CA
  • Evelyn L. Moon, Irvine, CA
3:30 pm – 4:00 pm Networking Break
4:00 pm – 5:00 pm EB-5 Litigation: Challenging USCIS Action and Inaction

Whether it’s USCIS issuing an improper denial or the excessively lengthy process of obtaining permanent residence, EB-5 clients and attorneys are increasingly using litigation to challenge government action and/or inaction. Our expert panelists will discuss the current state of EB-5 litigation, including critical updates to Forms I-526 and I-829, delay complaints, and a discussion on contesting USCIS’s policy guidance.

  • I-526 petition denials at the Administrative Appeals Office and in federal court
  • I-526 and I-526E petition Administrative Procedure Act (APA) delay and mandamus litigation
  • APA and mandamus for consular cases: transfers to the National Visa Center and scheduling interviews
  • I-829 petition delays and mandamus actions
  • EB-5 Policy and Regulations litigation update: aftermath of the Behring Regional Center LLC v. Mayorkas lawsuit and USCIS interpretive guidance
Faculty
  • Matthew T. Galati (DL), Elkins Park, PA
  • Megan Guzman, AILA Benefits Litigation Committee, Orange, CA
  • Daniel B. Lundy, Philadelphia, PA

 

Back to Top | Monday, February 19, 2024 | Tuesday, February 20, 2024

 

Tuesday, February 20, 2024

 

7:30 am – 5:00 pm Registration and Exhibits
8:00 am – 9:00 am New and Creative Nonimmigrant Options for Investors and Entrepreneurs: Startup Roulette

The Silicon Valley venture capital ecosystem is expanding across the United States to cover emerging technologies in other markets, including verticals such as artificial intelligence, biotechnology, fintech, and more! As a result, aspiring immigrant entrepreneurs and investors are frequently seeking the ability to build their companies and portfolios inside the United States. The panelists will cover the pros and cons of a variety of nonimmigrant options available to these individuals.

  • Latest on the implementation of the International Entrepreneur Parole Rule
  • New H-1B interpretation for owner-beneficiaries
  • The recent executive order on artificial intelligence
  • TN for investors and entrepreneurs
  • F-1 student entrepreneurs
Faculty
  • Sophie M. Alcorn (DL), Conference Program Committee, Mountain View, CA
  • Jason Susser, AILA MidSouth Chapter Chair/USCIS Field Operations Liaison Committee, Memphis, TN
  • Brian Frumberg, CEO and Founder, VentureOut, New York, NY
9:00 am – 9:30 am Networking Break
9:30 am – 10:30 am O-1s for Entrepreneurs and Startup Founders

The O-1 can be the best visa option for entrepreneurs and startup founders if they can meet the high evidentiary standard. Panelists will discuss how to structure and build successful cases for entrepreneurs and startup founders within the O-1 framework. They will provide practical tips for preparing strong initial and extension O-1 petitions for entrepreneurs and explain how to craft arguments that USCIS will accept in this context.

  • Petitioner options for entrepreneurs: dos and don’ts
    • Agent petitioners, self-owner petitioners, itineraries, immigration lawyers as agents
  • Maintaining status and extensions as an O-1 entrepreneur
  • Evidence distinctions relevant to startups and entrepreneurs
    • AI executive order and STEM policy guidance
  • O-1s for individuals in creative fields
  • Utilizing government resources
  • Transitioning from O-1 to EB-1
Faculty
  • James W. Hollis (DL), Conference Program Committee, Memphis, TN
  • Roujin Mozaffarimehr, AILA Business Section Steering Committee, San Jose, CA
  • Fiona M. McEntee, Chicago, IL
10:30 am – 11:00 am Networking Break
11:00 am – 12:00 pm Leveraging L-1 Intracompany Transferee Visas to Empower Small Businesses and Entrepreneurs

Compared to the high evidentiary standard for O-1s and specific nationality and ownership requirements of E-1s and E-2s, the L-1 visa stands out as a valuable option for small businesses and entrepreneurs seeking to expand their business in the United States. Speakers on this advanced panel will discuss how to set entrepreneur clients up for success for new and future L-1 filings. They also willprovide insights for practitioners advising clients on navigating the complexities and opportunities of L-1 visas.

  • New office Ls: filing processes and common challenges for initial and extension petitions
  • L-1A vs. L-1B: determining the most appropriate category for entrepreneurs, startup founders, and key employees
  • Current trends in L-1 visa Requests for Evidence (RFEs)
  • Other current L-1 issues: recent policy changes, emerging trends, and potential implications
Faculty
  • Desire Lance (DL), Conference Program Committee, San Luis Obispo, CA
  • Zabrina V. Reich, AILA CBP Liaison Committee, Buffalo, NY
  • Lynda J. Hagerty, Mountain View, CA
12:00 pm – 1:00 pm Lunch Break
1:00 pm – 2:00 pm Pre-RIA Investor Adjudication Trends

The EB-5 Reform and Integrity Act of 2022 revised certain eligibility requirements for EB-5 visas and amended the Regional Center Program. Panelists will explore adjudication trends observed prior to the passage of this legislation.

  • I-526 petitions
    • “Kitchen sink” RFEs on source of funds
    • Path-of-funds issues and currency swaps
  • I-829 petition RFEs and “deference” to I-526 petitions
  • Good faith investor protections and options when projects fail
Faculty
  • Joseph M. Barnett (DL), AILA EB-5 Investor Committee, Conference Program Committee, Los Angeles, CA
  • Kripa Upadhyay, AILA EB-5 Investor Committee, Conference Program Committee, Seattle, WA
  • John P. Pratt, AILA EB-5 Investor Committee, Coral Gables, FL
2:00 pm – 2:30 pm Networking Break
2:30 pm – 3:30 pm Consular Processing Issues for Investors

Some foreign-national investors encounter roadblocks when they get to the consular processing stage. Our panel of experts will discuss complex issues at U.S. consular posts relating to admissibility and administrative processing that could potentially ruin a great E or EB-5 case.

  • Preparing the client for the end of a case when using consular processing
  • Dealing with administrative processing issues
  • Re-adjudication of EB-5 source and path of funds at consulates
  • Common inadmissibility issues for EB-5 investors
Faculty
  • Jennifer Hermansky (DL), AILA EB-5 Investor Committee Vice Chair, Conference Program Co-Chair, Philadelphia, PA
  • *Ramon E. Curiel, AILA CBP Liaison Committee Chair, San Antonio, TX
  • *Teri A. Simmons, Atlanta, GA
3:30 pm – 4:00 pm Networking Break
4:00 pm – 5:00 pm Regional Center Designation Issues and Integrity Measures

Recently, several high-profile scandals involving EB-5 regional centers have caused concerns about the integrity of the program and led to reforms. Our panel of experts will discuss these improprieties and the actions taken to remedy them.

  • Regional center termination issues: administrative vs. substantive non-compliance
  • Securities compliance and bona fide “persons involved” in the regional center
  • Fund administration and separate accounts
  • Document retention, audits and site visits, and annual compliance
  • Disclosure of promoter compensation and Form I-956K
  • I-526E amendments for investors changing regional center affiliation (Subsection M)
Faculty
  • Samuel Newbold (DL), AILA EB-5 Investor Committee, Conference Program Committee, New York, NY
  • Robert C. Divine, Chattanooga, TN
  • Ignacio A. Donoso, Bethesda, MD
5:00 pm Conference Concludes

 

Conference Program Committee
Jennifer Hermansky, AILA EB-5 Investor Committee Vice Chair, Conference Program Co-Chair, Philadelphia, PA
Ian D. Wagreich, AILA USCIS HQ (Benefits Policy) Liaison Committee, Conference Program Co-Chair, Chicago, IL
Sylvia S. Yong, AILA Canada Chapter Chair, Toronto, ON, Canada
Joseph M. Barnett, AILA EB-5 Investor Committee, Los Angeles, CA
Janice A. Flynn, AILA CBP Liaison Committee, London, UK
Samuel Newbold, AILA EB-5 Investor Committee, New York, NY
Kristal J. Ozmun, AILA EB-5 Investor Committee, Ithaca, NY
Kripa Upadhyay, AILA EB-5 Investor Committee, Seattle, WA
Sophie M. Alcorn, Mountain View, CA
Desire Lance, San Luis Obispo, CA
James W. Hollis, Memphis, TN

JJ Area, AILA Education Program Manager, Washington, D.C

 

Back to Top | Monday, February 19, 2024 | Tuesday, February 20, 2024

Live Conference CLE Credit

AILA will file for CLE credits in appropriate jurisdictions. Eligible participants can receive up to 12 total credits in 60-minute jurisdictions and up to 14.4 total credits in 50-minute jurisdictions. To receive CLE credit, attorneys must record sessions attended and CLE codes provided at each session via webCLE. Live attendance must be recorded by February 27th, 2024. This deadline does not apply to the download format.

Please Note: CLE credits not reported on webCLE by the published deadline will be subject to an administrative late fee to cover incurred costs.


On-Demand Conference CLE Credit

AILA will administer CLE credit to individuals who download this recording through AILA Shop only; the invoice is used as a form of CLE verification.

AILA has filed for CLE and specialized credit in appropriate jurisdictions. To receive CLE credit, attorneys must record session attendance and the CLE codes provided via webCLE. Eligible participants can receive up to 12 total credits in 60-minute jurisdictions and up to 14.4 total credits in 50-minute jurisdictions.

Please note that your jurisdiction may limit the number of OnDemand credits that may be applied in a compliance period and may also limit OnDemand credits based on the date of the original presentation. Please be aware of your state's expiration dates for OnDemand credits, please view the OnDemand Expiration Chart for more details or confirm with your state's bar association.

Not eligible for CLE credit in the following states: MO and PR.

  Early Bird
Rate

(Through 01/24/24)
Regular Rate
(After 01/24/24)
Members (In-Person)
AILA Members $595 $795
AILA Members' Paralegal* $595 $795
AILA Law Student Members $395 $595
AILA Nonprofit Members $445 $645
Nonmembers (In-Person)
Nonmember Attorneys $795 $995
Nonmember Law Students $495 $695
Government $615 $815
Nonprofit Attorneys $615 $815
Members (Webcast)
AILA Members $595 $795
AILA Members' Paralegal* $595 $795
AILA Law Student Members $395 $595
AILA Nonprofit Members $445 $645
Nonmembers (Webcast)
Nonmember Attorneys $795 $995
Nonmember Law Students $495 $695
Government $615 $815
Nonprofit Attorneys $615 $815

You can register for this event quickly and securely online by adding this item to your cart before the deadline and paying by credit card. We encourage you to take advantage of the Early Bird Registration and register by January 24, 2024.

Once you register online, the registration system will auto-generate a receipt to your paid registration.

By attending an AILA event, you agree to AILA’s COVID-19 Health and Safety Terms and Conditions.

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Full and partial tuition assistance will be offered for AILA National Conferences and Seminars based on need and availability. Please complete the tuition assistance application for consideration.

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AILA is committed to providing a professional and productive learning environment for all participants and staff. As a result, all participants are expected to follow all stated meeting and event instructions and guidelines in order to maintain an atmosphere of professionalism, mutual respect, and collegiality. AILA members in particular are expected to adhere to the principles set forth in AILA’s civility code. The guidelines herein apply to all AILA in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables. All participants must comply with the following guidelines to participate in the meetings and events:

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Participants can contact conferences@aila.org with any questions or concerns related to AILA’s Meeting Code of Conduct.

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All registrations and reservations are subject to approval. Registrations and reservations received without payment will be returned. Registrations are NOT transferable and cannot be split among conference attendees. Cancellations must be received by the cancellation deadline date in writing to be eligible for the full refund (less $50 processing fee). Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. Any and all liability of AILA with respect to registration, reservations, cancellations, changes in the location or content of the program, and refunds is limited to a sum no greater than the registration fee paid. Under no circumstances shall AILA be liable for incidental or consequential damages of any kind, including, but not limited to, the cost of transportation or lodging. Submission of registration and payment constitutes acceptance of the terms and conditions herein.

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Attendance at in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables is solely restricted to AILA members and their employees, government employees, and nonmember attorneys. Non-attorney attendance is limited to the employees of AILA members in good standing, to HR professionals who have an AILA member reference, employees of accredited educational institutions providing support to international student and scholar services at their employing institutions, and accredited representatives under 8 CFR §292.2. AILA will reject conference registrations from persons who provide representation without authorization in violation of 8 CFR §292.1, such as for-profit "immigration consultants" and "notarios."

Registration Details
I understand that AILA will collect and store the data provided by the conference registrant to be included on the conference attendee list, and to provide me with information on AILA products and services. I may limit dissemination of information by AILA by updating communication preferences in my personal record at http://www.aila.org/myaila. I understand that AILA is based in the United States and that the European Commission does not consider United States laws to provide an adequate level of data protection. If I am a resident of a country of the European Union, I understand that my consent is the lawful basis for transfer of my personal data to the United States and that I can withdraw my consent at any time. I also understand that the transfer of my personal data to the United States in the absence of adequate protection and without safeguards deemed appropriate by the European Commission may pose certain risks, including that United States law may not provide for data processing principles, data subject rights, or enforcement of those rights analogous to those in the European Union. For a full description of AILA’s data collection and privacy policy, visit http://www.aila.org/privacy-policy.

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You must sign in and timely submit attendance using webCLE in order to receive CLE credits. The total number of credits available for AILA events is determined by state bodies and may vary by jurisdiction.

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ADA Request
AILA will provide ADA assistance if requested. Please e-mail conferences@aila.org with your special needs at the time of conference registration. Assistance may not be available if an adequate notice period is not provided.

Hotel Information

The conference will take place at the:

Intercontinental New Orleans
444 St. Charles Avenue
New Orleans, LA  70130

AILA Room Rate:  $209 Single/Double

Phone Reservations: 1-800-439-4745 (Refer to Block Code: RP4) or Reserve Online

Hotel Cut-Off Date:  Thursday, February 1, 2024

Cancellation Policy:  Please cancel at least 72 hours prior to your arrival date to avoid paying one night’s room and tax.

Note:  The specially discounted AILA group rate has been contracted for room nights reserved from February 18, 2024 through February 20, 2024 only. The AILA conference rate is not guaranteed for any other dates and will be based on availability.

Hotel reservations are made on a first-come, first-served basis. Rooms at the AILA rate will sell out before the deadline, so we advise you to make your reservation as early as possible. AILA will not be able to get additional rooms at the AILA rate after the AILA block of rooms fills up.


Airline Discount

Southwest

Southwest Airlines is pleased to offer 2024 AILA Investors and Entrepreneurs Conference attendees discounted fares. Discount valid for travel 2/18/2024 to 2/21/2024.

Go to https://www.swabiz.com/, enter the Company ID 99311376, and select flight details to get the discount. Contact 888-479-2249 or SouthwestAirlines@iluv.southwest.com for customer service needs.

United

United Airlines is pleased to offer a discount for attendees traveling to New Orleans (MSY) for 2024 AILA Investors and Entrepreneurs Conference. Valid travel dates to/from MSY are February 15 – 24, 2024.

Go to www.united.com (Advanced Search page), enter your flight details, click on “Upgrades, certificates, and promotion codes” pull down menu, and enter promo code ZP2R163992 under “Promotions and certificates” to get the “Special offer” rates. MileagePlus members will earn valuable miles for their travel when using the Meetings discount code.

Please contact meetings@united.com with any questions or booking issues. US and Canada based attendees may also call United Meeting Reservations at (800) 426-1122. Booking fees are waived for Meeting reservations.

In-person and webcast cancellations received by January 24, 2024, entitle registrants to a full refund (less $50 processing fee). Cancellation requests will not be accepted after January 24, 2024, but the conference materials will be made available to all registrants in their AILA Digital Libraries. Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. All cancellations must be submitted by email to conferences@aila.org.

Notice: All registrations and reservations are subject to acceptance. Registrations and reservations received without payment will be returned. Registrations are not transferable and cannot be split among conference attendees. Any and all liability of AILA with respect to registration; reservations; cancellations; changes in the date, location, or content of the program; and refunds is limited to a sum no greater than the registration fee paid. Under no circumstances shall AILA be liable for incidental or consequential damages of any kind, including, but not limited to, the cost of transportation or lodging. Submission of registration and payment constitutes acceptance of the terms and conditions herein.