As of February 1st, 2024, there were 18,365 immigration lawyers and attorneys in the U.S. Only a small fraction of them truly understand how EB-5 works, and even fewer have the experience of working with EB-5 investors from start to finish.
It’s very important that your immigration attorney has experience with EB-5 because if your application is poorly prepared, you risk denial at the first step of the process.
It’s also important to note that EB-5 immigration attorneys are responsible for collecting personal and financial documentation from investors. They should not assist EB-5 applicants in selecting a project for investment, as any advice on investment options within the U.S. must be provided by licensed financial advisors.
Role of an EB-5 Immigration Attorney in the Process
The immigration attorney and their team assist you in preparing the initial application for a Conditional Green Card—Form I-526. They also guide you through the consular processing of your visa or change of status application and the subsequent application for a permanent Green Card—Form I-829.
They provide you with a list of required documents, fill out the application forms, help you pay government fees, request necessary documents from the Regional Center, compile the documents, print them, and send them to USCIS (U.S. Citizenship and Immigration Services). After the applications are submitted, they receive all notifications related to the process and assist you in communicating with USCIS and consulates.
One of the most important roles of the immigration attorney is to prepare a comprehensive description and list of documents demonstrating that your money was earned legally. This part of the I-526 petition is known as the Source of Funds documentation, often referred to as SOF.
Experience is Key
The language of EB-5 legislation is quite general, and there is no option to call or write to USCIS to verify which specific documents will be accepted and which will not. This is why it’s crucial that the immigration attorney you work with has practical experience with EB-5. Attorneys learn the requirements through their previous client cases, and you don’t want to become a learning experience for an inexperienced attorney.
How to Define Experience in EB-5
Ideally, your immigration attorney should have more than 50 approved EB-5 cases. The first I-526 petition is particularly significant, as this is where most of the work is done by the immigration attorney, especially regarding the source of funds, which is often the most complex and critical aspect.
While it’s beneficial for an immigration attorney to have numerous I-829 approvals, it’s not as crucial because, in this second petition—where the investor must demonstrate that the required minimum of 10 new jobs were created—most of the documentation is prepared by the Regional Center.
Considering the processing times for I-526 petitions over the last few years, with some taking more than five years to complete, you should seek an immigration attorney who has been handling EB-5 cases for at least 8 to 10 years.
How Do I Find an Experienced EB-5 Attorney?
To find a good immigration attorney, you can use various methods—online searches, recommendations from promoters, regional centers, and so on.
Look for attorneys who specialize in investment immigration. This is often evident from their website and social media profiles, where their area of specialization should be clearly highlighted.
Check online sources like Avvo and Google Reviews, but don’t rely on them entirely, as attorneys often ask only satisfied clients to leave reviews.
Set up consultations with a few immigration attorneys, and be prepared to pay for the consultation. Good immigration attorneys often charge a fee for the first consultation, which may be deductible from the overall service fee.
Before the consultation, prepare a brief overview of your source of funds and its path. While it’s uncommon for attorneys to review this thoroughly during an initial consultation, it will make the meeting more productive and help you identify any potential issues with your source of funds.
Educate yourself in advance with available online materials. Ask all the tough questions, and pay attention to how the attorney responds.
Language: Is It Important That Your Immigration Attorney Speaks the Same Language?
While it’s certainly not a requirement, it can be easier to work with an immigration attorney who speaks your language. More importantly, if your attorney speaks your language, there’s a high probability they will be familiar with the documentation common in your country, which can save a lot of time explaining what documents are needed. An additional advantage is that the attorney can review documents in their original language to determine if they are suitable, without needing translations.
Top Questions to Ask Your Immigration Attorneys
- When did you start practicing EB-5?
This will help you gauge their experience with the EB-5 program. - Which nationalities do you work with the most?
This will give you an idea of how familiar they may be with the documentation from your country. - How many I-526 approvals do you have?
In many cases, they may not provide an exact number, so ask for an approximate figure. If the answer is vague, this could be a red flag. - How many I-829 approvals do you have?
Understanding their success with I-829 petitions is also important, though not as critical as I-526. - How many denials have you had for both I-526 and I-829, and what were the reasons?
This will give you insight into potential risks and how they handle challenges. - How long does it typically take your team to prepare an I-526 petition?
This helps you understand their efficiency and process timeline. - Who will be my main point of contact during the process?
Sometimes, after signing the contract, clients are handed off to assistants and no longer interact with the attorney. Ensure you know who you’ll be communicating with. - Are calls with the attorney included in the service fees? Are there any limitations on the number of calls?
Clarify how accessible the attorney will be and whether additional fees apply for consultations. - How quickly do you typically review documents once they are provided?
This will help you manage expectations regarding response times. - Do you have a policy on how quickly you respond to emails?
Clear communication is key, so knowing their response times is important. - How is communication managed—email only, or can I reach out via WhatsApp?
Some attorneys may provide their personal number for communication, while others may not. - Can you provide contacts with previous clients for feedback?
Speaking with former clients can offer valuable insights into their experience. - Can you provide a detailed fee structure in the contract?
Ask for all services from start to finish to be included in the written agreement, so you have a clear estimate of costs. Review our template for immigration attorney costs.
While some of these questions might seem unusual, discussing these details and setting clear expectations can be very beneficial.
Our company specializes in guiding clients through the EB-5 process, including the selection of qualified immigration attorneys and top projects from Regional Centers with proven track records. Given our focus on this area, we maintain an extensive network of immigration attorneys who specialize in the EB-5 program. We assist our clients in identifying the attorney that best meets their needs, including expertise in specific cases, such as utilizing cryptocurrency for EB-5 source of funds or accommodating specific language requirements. We are committed to helping you compare your options to ensure you select the attorney best suited to confidently guide you through your EB-5 journey.
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