+1-800-997-1228
Questions & Answers

What is the difference between an EB-5 attorney and an immigration attorney?

In doing my research I have seen some attorneys make a distinction between EB-5 attorneys and immigration attorneys, but it is not clear what that difference is. So what is the difference between an EB-5 attorney and an immigration attorney? If I am planning on eventually becoming a citizen through the EB-5 program, which attorney will be able to help me with that process?

Answers

  • Avatar

    Kyle Barella

    Immigration Attorney
    Answered on

    All EB-5 attorneys are immigration attorneys, but not all immigration attorneys handle EB-5 matters. If a lawyer is distinguishing themselves as an EB-5 attorney, then they likely focus on handling EB-5 visa matters. However, you should do your research and ask the attorney their success rate, etc. I would not recommend retaining an immigration attorney who does not frequently handle EB-5 visa matters.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    There may be a distinction without a difference between and EB-5 attorney and an immigration attorney. The attorney is licensed to practice law in the state where he or she practices and will have experience in different areas. Typically, if not always, an attorney with experience in representing EB-5 investors as well as EB-5 regional centers and the job creating entities will be an experienced immigration attorney who has sub-specialized in representing EB-5 investors and assisting them in preparing their petitions on Form I-526. As a general rule, it is better to get an attorney who has broad experience in immigration law, but also has significant more specific and current experience with representing EB-5 investors. If possible, it is also advisable that the attorney be board certified in immigration and nationality law by his or her state bar association.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    EB-5 attorneys (such as myself) make that distinction. Though all EB-5 attorneys are immigration attorneys, not all immigration attorneys are EB-5 attorneys. It tends to be a much more specialized practice area that touches not only on immigration, but investment, financing, securities, and economics. The analogy would be a pediatrician and a heart surgeon are both doctors. However, I think you would only trust one if you needed a heart transplant. Same principle applies here.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    EB-5 attorneys are immigration attorneys that focus on the EB-5 program. EB-5 is like a specialty in immigration and nationality law.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no distinction or a special category of attorneys in immigration law. What you may be seeing is some attorneys advertising or referring to themselves as someone experienced in EB-5 or corporate or family-based immigration processing. You should be selecting an attorney based on their experience, success record, and knowledge of the law/processing.

  • Avatar

    Robert Cornish

    Securities Attorney
    Answered on

    An EB-5 attorney has some skill and expertise in the unique areas of EB-5 law, which include corporate law, securities law, etc., as well as understanding the mechanics of projects, job creation, etc. An attorney skilled and experienced in the EB-5 process can assist you in many ways. This would include getting the papers in order for submission to USCIS, but also assisting in your due diligence on investments, fund transfer laws, etc. Such attorneys at larger firms have resources in other practice areas that you may also be able to access through your EB-5 attorney.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, you need an EB-5 attorney. They can take you all the way to citizenship. Many immigration lawyers do not handle EB-5 cases.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    An EB-5 immigration attorney means an immigration attorney who is experienced in handling EB-5 visa matters. Not all immigration attorneys handle EB-5 cases. You should engage the legal services of an experienced EB-5 immigration attorney.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    An investment immigration attorney or EB-5 attorney is an attorney who has a high level of experience and a proven track record in the field. Look for an attorney with recognized expertise that can show you a successful track record. Look for an attorney who has published in the field and filed, for example, 1000 or more I-526s.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.