Join Rohit Kapuria and Cynthia Gomez for the 2026 AILA EB-5 Virtual Conference. This event will focus on the major issues surrounding EB-5 cases leading up to the September 30, 2026, deadline and what to expect of the Regional Center program after the close of the fiscal year 2026.
Track One
1:30 pm – 2:30 pm
Complex SOF Strategies: Loans, Collateral, Multi-layered Transfers, and RIA Integrity Concerns
Rohit Kapuria (Discussion Leader), Chicago, IL
Panelists will examine the most challenging SOF structures encountered in practice. They will analyze lending-based strategies, third-party collateralized loans, multi-jurisdictional fund movements, and RIA integrity constraints affecting EB-5 financial arrangements.
- Structuring investor loans consistent with Zhang v. USCIS and post-Zhang USCIS guidance
- Multi-layer lending structures, including family trusts and corporate entities
- Loans from banks vs. unlicensed lenders and compliance with foreign banking laws
- Loans originating from EB-5 parties (RC affiliates, New Commercial Enterprises (NCEs), Job-Creating Entities (JCEs)): risks, conflicts, and RIA restrictions
- Complex fund-tracing in countries with opaque banking systems
- SOF complications for currency-restricted jurisdictions
Track Two
1:30 pm – 2:30 pm
SOF Fundamentals: Building a Clean, Approvable Record from Day One
Cynthia V. Gomez (Discussion Leader), Conference Program Committee, Washington, D.C.
Designed for practitioners newer to EB-5 or those seeking a structured refresher, our panel of experts will clarify every core component of lawful source and path of funds. They will provide templates, checklists, and practical guidance to avoid RFEs and NOIDs.
- Lawful source requirements under 8 CFR and the USCIS Policy Manual
- How to document income, savings, gifts, inheritances, property sales, and personal loans
- Identifying and preparing third-party documentation early (bank records, tax returns, certificates)
- Red-flag issues that trigger RFEs: gaps in the path of funds, unverified transfers, large unexplained deposits
- Basic currency exchange and remittance documentation
- SOF expectations at the I-829 stage
