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Do I need an attorney to apply for an EB-5 visa?

I notice the application for an EB5 is only a few pages long. Do I need an attorney to help me apply for an EB5 visa?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    This is a highly complex area of law. The crucial elements of an EB-5 petition are the supporting documents. It is highly advisable to have an experienced EB-5 practitioner to advise you throughout the process.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Dear Sir or madam: Good afternoon! I hope all is well. You do not need an attorney to file the application for the EB-5. However, there is more to applying for the EB-5 than the application and that is why most investors use an attorney. You need to demonstrate the source of funds, submit a business plan and an economic report. It is a very complex process. If you have any other questions, please do not hesitate to contact me. Thank you.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Yes, of course you do. Simply because the form is a few pages is irrelevant. There are hundreds of pages of immigration court cases, as well as USCIS guidance issued through stakeholders meetings, liaison minutes, and government memos which interpret the law, regulations, and government manuals.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The application form is only tip of the application process. The EB-5 is amongst the most sophisticated and carefully reviewed of all immigration applications. It is so highly recommended that all such applications are prepared by experienced legal counsel.

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    Alexander Lebedinski

    Immigration Attorney
    Answered on

    You are not required to have an attorney to apply for an EB-5 visa. However, in addition to the form, you must submit numerous supporting documents required by the regulations and applicable case law. Using an attorney experienced in EB-5 visas is advisable, at a minimum, to help you understand the documentation requirements.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, an attorneys professional service will be recommend. The I-526 form is just a small though indispensable part of the entire I-526 petition. There are many other supporting documents that you need an attorneys assistance to prepare, such as the source of funds documents.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Without question it is essential to request the assistance and representation of an experienced attorney who has EB-5 expertise. The EB-5 Attorney has the legal training to review and analyze whether a project is EB-5 compliant with the rules and current policies. Please note the questions on the Application are not difficult but the answers are difficult in that they must be EB-5 compliant.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    You would need an attorney to increase your chances of success. I do not know of any self-petitioners that successfully filed an EB-5 petition.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    I would recommend working with an attorney to prepare and submit an I-526 EB-5 petition. The form is only one part of the petition. The filing will need to includes supporting documents verifying that all of the EB-5 criteria has been satisfied including specifics of the business, job creation and lawful source of funds.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    No, but it would not be wise to undertake a complex immigration matter such as the EB-5 immigrant investor visa program without one.

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    Taher Kameli

    Immigration Attorney
    Answered on

    Yes

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    Rebecca White

    Immigration Attorney
    Answered on

    It is not a legal requirement that you have an attorney, but the application is frankly more than the few pages of the forms. The required supporting documentation is substantial, and you will likely find that you are glad to have someone guiding you through the process.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. The form itself is not the most important thing you need help with. Only a competent immigration attorney can properly advised you on all the legal issues (including your source of funds documentation). This process is way too complex to handle without an experienced immigration attorney.

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    Jor Law

    RC Creator
    Answered on

    It is recommended that you retain an attorney to apply for the EB-5 visa. There are many things to know about the EB-5 laws and USCIS practices that may affect your application.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you are strongly encouraged to engage an experienced EB-5 immigration attorney. I-526 form is only one of the pieces of the EB-5 visa application process. An experienced attorney will guide you through the process of substantiating the lawful source of funds as well as business documentation which differs depending on whether it is a Regional Center investment or a direct EB-5 case. With so much money involved in the investment, it is highly risky to cut the corners by attempting to save on legal fees and have your petition denied if improperly prepared.

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    Rachel Lew

    Immigration Attorney
    Answered on

    For an I-526 petition, not only the form is required, a cover letter that outlines your investment project, your legal source of funds supported by substantial documentation are also necessary to be included. If you are investing in an USCIS approved regional center, qualified immigration attorneys are generally required by the regional centers to assist you in the filings.

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    Clem Turner

    Securities Attorney
    Answered on

    The I-526 Application is very complicated and requires a lot of exhibits and explanations. Furthermore, you will have to document your source of funds for the EB-5 investment. You should retain an experienced immigration lawyer to assist you with the process.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    No you do not need an attorney. But, you also dont need an accountant for your tax return, though I strongly recommend.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    The application is only a few pages long, but the supporting documents usually run between 14-17 lb when we submit packages. Hence, you should hire an experienced EB5 attorney to represent you.

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    Mona Shah

    Immigration Attorney
    Answered on

    Although the application is only a few pages long, the response is often many inches thick. An EB5 immigration attorney is essential to navigate what can be quite a complex process.

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    Jason Feldman

    Immigration Attorney
    Answered on

    Yes, I would strongly advise having an attorney assist you with the EB-5 petition. The form itself is a very small part of the application. Some of the more crucial parts are demonstrating the lawful source of the funds, the business plan, and how your investment will create the requisite number of jobs.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you need an attorney. The I-526 petition form is only three pages long. The supporting documents for an average-sized EB-5 petition include hundreds of pages. Also, the statutory and regulatory requirements, and how they are applied by USCIS, are complex and require someone with significant EB-5 experience and expertise. This is a highly-specialized field of immigration law; it definitely requires an attorney.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Answer: The answer is, you can do surgery on yourself, but would you really want to? I do not want to sound flippant, but it is the same logic: anyone can complete a Petition/Application, but having the expertise, experience, and knowledge over the processing would indeed determine the success of the outcome. My 2 cents.

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    Robert Baizer

    Immigration Attorney
    Answered on

    This is to respond to your questions about whether you need an attorney for an EB5 visa. The law does not require that a person use an attorney. The interpretations of what qualifies for EB5 approval by the USCIS are very complex. With so much money involved in the investment, I think it would be very foolish to try to do it without a lawyer. The applicant would put everything at risk just to save a relatively small percentage (legal fees) of the total amount that is at risk. It is your choice.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, this is a very complicated process. One would certainly need to hire a lawyer for this kind of a case.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It is not advisable to represent yourself on any immigration cases as the rules and policies change often. Even seasoned immigration lawyers run afoul of processing if they do not keep up with those changes. While the forms for immigration cases are only few pages and appear simple, it is the supporting documents that are required by regulations that are difficult. Particularly EB5 cases, the supporting documents on the background of the investor and his source of fund tracking as well as the regional center/business documentation, especially on the job creation, is over 30 Exhibits. Properly gathering those documents and presenting it so that Immigration Service officer could easily review is difficult and time consuming task. In EB-5 cases, you need not only a seasoned/experienced immigration lawyer, but also who has good track record on doing these EB-5 cases to be successful.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes you do, it is a complex and lengthy process. The form is only part of the application.

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    Marjan Kasra

    Immigration Attorney
    Answered on

    EB5 is a very complex area of immigration law which carries both legal and financial risks. As such, you should consult with expert immigration attorney, as well as tax and financial advisers prior to making any decisions.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes. It is not sufficient to complete the form, to prove your eligibility requires a great deal of documentation and analysis.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Yes, the accompanying documents are extensive.

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    Aleksandr Troyb

    Immigration Attorney
    Answered on

    I would strongly suggest that you retain an attorney for your EB-5 petition. In addition to the application form, you will need to prepare and assemble various exhibits to support your petition. An attorney can walk you through that process and assist you in preparing the appropriate documents.

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