Finding an experienced and knowledgeable immigration attorney is one of the most crucial decisions an investor can make to streamline the EB-5 process.

The Importance of Hiring a Qualified EB-5 Attorney

There are many decisions that individuals must make when applying for a United States Green Card through the EB-5 Immigrant Investor Program, but perhaps none is as important as choosing the right EB-5 attorney. A lawyer with experience and expertise in the EB-5 visa application process can help applicants better understand the several complex requirements of the EB-5 program. Failure to submit paperwork in a timely manner or neglecting certain details on one of the many necessary forms could lead to significant delays in the processing of an EB-5 application. As such, finding a competent, knowledgeable, and attentive EB-5 lawyer is essential for effectively navigating the process.

The Crucial Role of an EB-5 Lawyer in the Visa Application Process

Given the complexity of the EB-5 process, hiring an experienced immigration attorney is crucial. An experienced immigration attorney should have a comprehensive understanding of the intricacies of the EB-5 program, especially given the changes brought on by the enactment of the EB-5 Reform and Integrity Act (RIA) in 2022. From the initial step of filing a Form I-526E to the final step of filing a Form I-829, an EB-5 lawyer is crucial for guiding investors through the entire process of obtaining U.S. permanent residency.

A qualified EB-5 lawyer will effectively act on the behalf of investors every step of the way. This includes a wide variety of functions, including ensuring accurate completion of every form, coordinating necessary submissions to United States Citizenship and Immigration Services (USCIS) and other government agencies, helping to prepare the investor’s source of funds (SOF) documentation, keeping the investor updated on the status of the new commercial enterprise in which they invested, preparing investors for their embassy interview, and much more.

The entire EB-5 application process can take several years, and incomplete forms or missed deadlines can further delay the process, costing investors time and money. In worst-case scenarios, mistakes can even lead to outright rejection of an EB-5 investor’s application. A qualified EB-5 attorney will have expertise in immigration law – as well as knowledge of what makes for a sound EB-5 investment – that will help prospective immigrants make the most informed decisions throughout the entire process.

How to Ensure an EB-5 Attorney Has a Track Record of Successfully Filing I-526E and I-829 Petitions

It’s important that every EB-5 investor does their own due diligence throughout the process, and choosing an EB-5 lawyer is no exception. Attorneys with a proven track record of success are always the safest options. In order to identify an EB-5 lawyer who has successfully navigated the process many times before, prospective immigrants should ask a series of questions to make an informed decision on which attorney to hire.

Before making a hiring decision, every EB-5 investor should ask prospective immigration lawyers how many successful Form I-526Es and Form I-829s they have filed, as well as their approval rates on these petitions.

Form I-526 – or, far more likely, Form I-526E, for prospective immigrants who invest through the USCIS-approved regional center program – is the very first form in the EB-5 process. The form grants the investor and their eligible dependents conditional United States Green Cards, and is submitted once they have selected a project in which to invest. The I-526E petition asks for personal information from the investor, specific documentation about the project, proof that the required minimum investment has been made, and information about the source of their investment funds.

Three months before the conditional Green Card expires, EB-5 investors are required to submit an I-829 petition, which proves that they have successfully met all USCIS requirements, thereby allowing them to live in the United States permanently.

Forms I-526E and I-829 are, in a sense, the first and last steps in the EB-5 process, respectively. Every qualified EB-5 attorney will have filed both forms countless times, and will be able to provide their approval rates. The more times an immigration lawyer has navigated the process from beginning to end, and the higher rate of success they have attained, the more confidence a prospective EB-5 investor can have in the approval of their own application.

How to Find an EB-5 Lawyer with Experience Demonstrating Lawful Source of Funds

Every EB-5 investor needs to clearly lay out the source of funds (SOF) for their investment in their I-526E petition, whether in the form of bank statements, stock or real estate transfer documents, proof of inheritance or gifts, or various other forms of documentation. USCIS requires detailed evidence that an investor’s funds were legally sourced, which often requires that investors provide a lengthy history of transactions. Insufficient proof that every transaction in that chain was lawful can result in application delays or rejections.

Regardless of the source of the investor’s funds, and especially in instances of mixed sources of funds, an experienced EB-5 lawyer will have a clear strategy for compiling all of the necessary documentation. Failure to provide the level of detail required by USCIS is among the most common stumbling blocks in the entire process, so the most competent EB-5 lawyers will have a thorough plan for compiling the information needed.

How to Identify an EB-5 Attorney with the Right Experience for an Investor’s Unique Circumstances

Every EB-5 application is unique, so every investor should look for an EB-5 lawyer with experience and knowledge that fits their circumstances. The documentation required by USCIS may be in a different format than what is easily attainable by an applicant, depending on their home country. As a result, finding an EB-5 attorney with experience processing a significant number of applications from an individual’s home country is imperative.

In addition, every competent EB-5 attorney should be able to provide a list of prior clients, ideally from the applicant’s country, who can provide testimonials about their experience. The quantity and quality of these testimonials, as well as how similar they are to the applicant’s own circumstances, can go a long way in providing assurance that a particular EB-5 attorney has the experience to successfully guide an investor through the process.

Prospective EB-5 investors should always do their own due diligence before hiring an EB-5 attorney to help lead them through the process. For 10 years, EB5AN has worked with several excellent EB-5 attorneys, and is committed to helping investors identify the lawyer with the right experience for their unique circumstances. To request a list of EB-5 lawyers that we are proud to endorse, please contact us here, or reach us via phone, text, or WhatsApp at +1 (561) 386-5356.