EB-5 Visa Attorney

1. Proving Lawful Source of Funds

A critical part of the EB-5 Process is proving that your investment funds were legally obtained. Failure to provide clear, thorough documentation of lawful Source of Funds (SOF) can lead to I-526E denial.

An experienced EB-5 attorney helps gather, organize, and present detailed evidence—such as bank statements, tax returns, business licenses, gift letters, sale agreements etc. Additionally, they will also devise a compliant strategy for the lawful transfer of funds.

Since insufficient SOF documentation is the most common reason for petition denials, working with an experienced attorney can prevent significant delays and increase your chances of approval.

Additionally, here are six key aspects that every investor must know about their investment:

1. Every investment is required to be an ‘At-Risk’ investment in a U.S. commercial enterprise.

What this means:

There can be no guarantee on the return of capital invested as it would disqualify the investor from obtaining a permanent Green Card.

What this does not mean:

This does not imply that the EB-5 investment must be unnecessarily risky. At EB5 United, our philosophy revolves around being a Fiduciary for our investors. We prefer using a first position loan structure along with high-equity from well-capitalized developers that is subordinate to the EB-5 Loan to ensure security for our investors.For more information about our deal structuring, please feel free to contact us.

2. One EB-5 investment allows the main applicant, their spouse, and any unmarried children under age 21 to obtain permanent Green Cards.
3. Applying for an EB-5 Visa does not affect other ongoing forms of U.S. legal status (e.g., H1-B, F-1, B-1, etc.).
4. The investor does not receive any immediate immigration benefits after filing their I-526E Application. They are allowed to immigrate to the U.S only after receiving the approval of their I-526E Petition.

With EB5 United, you can benefit from faster processing depending on which EB5 United Project you invest in. We’ve received 100+ Approvals as of April 2024, averaging less than 6 months per approval. One of our recently closed Rural Projects (One&Only) secured I-526E Approvals in a record-breaking 30 days. Please feel free to reach out to us to know more about our Rural Projects.

5. The first EB-5 immigration benefit may come in the form of:
   • If the investor is outside of the US when investing, a Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526E petition), OR
   • An Employment Authorization Document (EAD) and Advanced Parole (AP) Travel Permit that can be obtained within months of application if the investor is in the US when applying, has a valid U.S. visa, and concurrently files an I-485 change of status along with their I-526E petition.

6. The timelines for obtaining a Conditional Green Card, EAD, and AP tend to vary and depend on two essential factors:
   • Investor’s country of birth
   • Investor’s current visa status in the U.S.

2. Guiding the Petition Process

An EB-5 attorney plays a vital role throughout your immigration journey, from filing form I-526E (demonstrating that your qualifying investment meets USCIS requirements) to submitting form I-829 (petition to remove conditions on your Conditional Green Card).

They ensure all forms are accurately completed, supporting documents properly submitted, and timelines met. Additionally, they handle responses to any Requests for Evidence (RFEs) and, if needed, assist with Consular Processing interviews (if you’re a non-U.S.-based EB-5 investor) and in obtaining your immigrant visa and Conditional Permanent Residency in the United States.

3. Assisting with Regional Centers and New Commercial Enterprises

While they don’t provide financial advice, EB-5 immigration attorneys conduct critical legal due diligence—verifying job-creation methodologies, assessing EB-5 Project developer’s track record, and more.

They help identify reputable Regional Centers aligned with your immigration goals and collaborate with Certified Public Accountants (CPAs), economists, and project finance experts to ensure that your investment meets USCIS compliance standards. Your attorney will guide you in evaluating the legitimacy and viability of an EB-5 Project.

1. Prioritize EB-5-Specific Experience

Choose an attorney with dedicated EB-5 experience. It’s important they have a strong track record of success with I-526/I-526E and I-829 petitions.

2. Verify Deep Knowledge of EB-5 Requirements

Look for an attorney who deeply understands USCIS requirements, including the job creation rules, and stays updated on changes to immigration laws especially since the EB-5 Reform and Integrity Act (RIA) of 2022. They should also have proven experience reviewing financial documents to confirm the legality of investment funds.

3. Cultural Familiarity and International Expertise

Select an attorney familiar with the financial systems and documentation practices in your home country. Ideally, they should have successfully represented investors from your country and understand country-specific nuances that might affect your case.

4. Communication and Responsiveness

Your attorney should be responsive and communicative throughout the entire immigration process. They need to promptly answer your questions and keep you regularly updated on your case status.

5. Evaluate Professional Network and Conflicts of Interest

Many EB-5 attorneys collaborate with Regional Centers, financial advisors, and other experts. Ensure that any third parties they recommend have solid reputations and that no conflicts of interest exist which could affect your immigration goals.

6. Understand the Fee Structure

EB-5 legal services can be expensive, so clarify the full fee schedule upfront. Make sure you understand what the fees cover, including initial petition filings, ongoing legal support, and handling of any Requests for Evidence (RFEs) or audits.

To identify an EB-5 lawyer with a proven track record, prospective EB-5 investors should ask a series of questions to ensure the attorney has the necessary experience, expertise, and understanding of the EB-5 Process:

Experience:

1. How many I-526(E) Approvals have you successfully handled, and what is your Approval rate?
2. Have you worked with investors from my home country before?
3. Have you ever been subject to any professional disciplinary proceeding or charge of any kind?
4. How many years have you been practicing EB-5?

Operation and Communication:

1. Will you personally handle my case, or will my main point of contact be a staff member or associate?
2. How quickly will you respond to my questions?
3. Can I speak to you by phone as frequently as I wish to with no extra charges?

Legal and Compliance:

1. How do you ensure that the lawful SOF documentation meets USCIS requirements?
2. How do you help clients assess EB-5 Projects for legal and compliance risks?
3. How do you help clients assess projects from an immigration standpoint?

Testimonies and Fees:

1. Can you provide client references or testimonials I can contact?
2. Can you explain your full fee structure, including potential additional costs for RFEs or audits?

As a prospective EB-5 investor, it’s essential that you do your own due diligence before choosing an EB-5 attorney to guide you through the process. For the past 15+ years, EB5 United has partnered with top-tier EB-5 attorneys and is dedicated to helping you find the right legal expert for your unique needs. To know more, contact your EB5 United representative TODAY.