Of all the professionals on your EB-5 team, your immigration attorney is arguably the most critical. They are your personal advocate, responsible for preparing and filing your petitions and guiding you through the entire multi-year immigration process. Choosing the right one is paramount to your success.
Why You Need an EB-5 Specialist
U.S. immigration law is incredibly complex, and EB-5 is one of its most nuanced sub-specialties. You should not hire a general immigration lawyer; you need an attorney who focuses specifically on the EB-5 program.
An EB-5 specialist will have deep experience in:
- Source of Funds (SOF): They understand the intricate documentation required to prove the lawful source and path of your investment capital, which is the most common reason for petition denials.
- Project Due Diligence: While they don't offer financial advice, experienced EB-5 attorneys have reviewed hundreds of project documents. They can often spot red flags in a project's structure or job creation plan that a generalist might miss.
- USCIS Adjudication Trends: They are up-to-date on the latest USCIS policies, processing times, and common reasons for Requests for Evidence (RFEs), allowing them to prepare a proactive and robust petition.
Key Questions to Ask a Potential Attorney
When you consult with a potential attorney, treat it like an interview. You are hiring them for a long-term, high-stakes engagement. Come prepared with these questions:
- How much of your practice is dedicated to EB-5? The answer should be a significant majority, if not 100%.
- How many I-526E and I-829 petitions have you filed? Look for an attorney who has filed hundreds, if not thousands, of petitions. Volume indicates experience.
- What is your approval rate for I-526E and I-829 petitions? While no one can guarantee success, a high approval rate (over 95%) is a strong indicator of quality work. Ask them to explain any denials they have had.
- Who will be my primary point of contact? Will you be working directly with the senior attorney or be passed off to a junior associate or paralegal?
- What is your fee structure? Understand the total legal fees for the I-526E, visa processing, and I-829 stages. Are there any other costs? Get it in writing.
Expert Tip
Be wary of attorneys who are paid referral fees by specific Regional Centers or projects. Your attorney must be independent and work only for you. Their sole interest should be the success of your immigration case, not steering you toward a particular investment.
Your Attorney Works for YOU
It is crucial to remember that the immigration attorney's client is you, the investor. The Regional Center and the project will have their own corporate and securities lawyers, but those lawyers do not represent your personal immigration interests.
Your attorney is your fiduciary, legally and ethically bound to act in your best interest. They are your guide and protector through the complex world of USCIS, ensuring your rights are upheld and your petition is as strong as possible.
Take your time in this selection process. A great attorney provides more than just legal services; they provide peace of mind throughout a long and stressful journey.