Successfully Challenging a USCIS Change in EB-5 Policy
Daniel B. Lundy leads the firm’s EB-5 Developer & Regional Center, and Compliance practices. Mr. Lundy has successfully represented numerous immigrant investors in their EB-5 petitions and applications, including investors seeking permanent residence through their own businesses or into a USCIS-approved Regional Center.
When you have a challenging project that requires the alignment of many interests to remain EB-5 compliant, Mr. Lundy has the skill, experience, and industry connections necessary to bring your vision to fruition. He has been involved in many of the largest and most complex EB-5 deals to date, and his clients have raised a combined total of well over $2 billion in EB-5 funding.
Mr. Lundy represents numerous developers and regional centers who seek to use foreign investment under the EB-5 program to fund their projects by joining or forming an EB-5 Regional Center. He works with an accomplished network of securities lawyers, economists, business plan writers, and other professionals to structure development deals that are EB-5 compliant. The requirements for Projects and Regional Centers are highly specific and multi-layered. Mr. Lundy has the knowledge needed to assess business plans, economic reports, securities offerings, and corporate documents for EB-5 compliance. His knowledge and experience extends to the similarly nuanced immigration components of the EB-5 program, and under his representation, hundreds of individuals seeking to obtain investment-based permanent resident status have filed successful EB-5 immigrant petitions and applications.
Facing a troubled project as an investor, developer, or regional center is a stressful scenario. With his substantial breadth and depth of experience, Mr. Lundy is uniquely equipped to navigate any obstacles that may arise, from addressing the impact of SEC complaints on investors’ immigration processes to dealing with projects where there have been allegations of fraud or misappropriation. He has helped to preserve the immigration interests of investors throughout the restructuring of EB-5 projects and has extensive experience litigating cases for clients challenging adverse actions by the USCIS.
Mr. Lundy also has a broad background in immigration law and has helped businesses and individuals achieve their immigration goals. Mr. Lundy has helped clients with E-1/E-2 Treaty Trader/Treaty Investor visas; H-1B, H-2B, L-1A, L-1B, O-1, J and F visas; EB-1, EB-2, EB-3 and EB-5 employment-based immigrant visas; and a number of other immigration applications and petitions. Mr. Lundy has substantial experience with complex and challenging cases and is frequently retained to assist clients at the appeal or RFE/NOID stages, after other attorneys have been unsuccessful.
Outside his day-to-day practice, Mr. Lundy is an active member of the American Immigration Lawyers Association and served as Co-Chair of the Banking Committee for two years at Invest in the USA—America’s premier not-for-profit EB-5 trade association. He has been named one of the top 25 immigration lawyers in the country by EB5 Investors Magazine since 2015, and frequently speaks on the latest EB-5 trends at seminars around the world. He is a published author and frequent blogger on EB-5 topics.
Mr. Lundy is admitted to the bar in the State of New York, the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Seventh, and Eleventh Circuits, and the U.S. District Courts for the Southern and Eastern Districts of New York. He is a graduate of Hunter College (B.A., 2000) and Fordham University School of Law (J.D. 2006).