How to Choose an EB-5 Visa Attorney: 10 Questions to Ask Before You Hire

Selecting an EB 5 visa attorney will depend on their experience dealing with US immigration law, expertise in investor visas, communication skills and how they handle financial documents. An experienced lawyer will be able to assist with assessing your eligibility for the visa, help with the immigration risks involved and also help to compile your petition. 

Due to the amount of capital needed and the complexity of the laws, an evaluation of the attorney is highly recommended. Here are ten questions you could ask before you hire an EB-5 visa lawyer.

1. How Experienced Are You in Handling EB-5 Cases?

Find out whether the lawyer has experience handling investor visas and how they deal with different cases, such as direct investment projects and regional centers.

2. Are You Licensed to Practice U.S. Immigration Law?

It is important to confirm that the attorney is licensed to practice in one of the states in the United States and has no record against them.

3. How Familiar Are You With Current EB-5 Regulations?

The investment minimums, visa availability, and program regulations can be updated. The lawyer should inform you of any applicable regulations, required filings, and other relevant developments.

4. Can You Explain the Investment Choices?

Ask how the direct investment is different from the regional center investment. The lawyer should explain the job creation requirements, the nature of the project, and the immigration issues, but never promise a profit.

5. How Will You Evaluate My Source of Funds?

The EB-5 applicants should show the lawful source and history of the funds used for the investment. Find out what documents you may have to provide to prove your money history.

6. How Are You Planning to Analyze the Project Risk?

The attorneys cannot ensure the results of the investment, but they may inform you of the immigration aspects and cooperate with appropriate financial or investment experts if needed.

7. What Is the Estimated Timeline for My Case?

Find out how long the petition preparation, processing phases, visa availability, and consular process will take. An adequate estimate would be based on your particular case.

8. What are Your Fees and Additional Costs?

Obtain an itemized statement of legal fees, filing fees, translation fees, and any other costs that might occur. 

9. Who Will Be Dealing With My Case?

Determine whether you will be dealing with the lawyer personally or with their assistants most of the time. Additionally, inquire about the frequency of progress reports and responses to your questions.

10. Can You Outline Potential Obstacles and Alternatives?

Inquire about how the lawyer is going to handle demands for documentation, delays, and other potential obstacles. The best EB 5 attorney for your situation will offer practical alternatives to you rather than make promises.

Conclusion

Choosing an EB 5 visa attorney cannot be done simply by considering costs or guarantees. The important factors that should guide you are the qualifications of the attorney, experience, communication, and knowledge about the investment and immigration goals that you have. The American Legal Center helps investors explore EB-5 requirements and application considerations.