What parts of the EB-5 process can immigration attorneys advise on?

The EB-5-experienced immigration attorney can advise you and provide immigration due diligence on the likelihood of you and your family obtaining the approval of the I-526 petition, the approvability of obtaining conditional permanent residency, and unconditional permanent residency. In addition, whether the exit strategies are compliant. Also, you can be involved in independent business and investment due diligence separate from the immigration attorney. However, the immigration attorney can assist you on how this is done.

There are a few experienced ones who can advise on all aspects and many of us have full service teams that handle each aspect of the process we are the quarterback or, in some instances, the GM.

An EB-5 immigration attorney will generally do most of the work in relation to preparation and filing of the I-526 petition on your behalf. An attorney may have specialization in other fields such as business/corporate law, tax law, etc. In that case, he or she may be qualified to give you advice on related matters in the EB-5 process. An EB-5 immigration attorney should be able to determine if a business plan is inadequate because it does not meet the EB-5 program requirements.

Your immigration attorney should not be providing investment advice, especially if they represent the regional center or the investment vehicle you are considering. Hire separate securities counsel or a due diligence firm to look at the inner-workings of any deal.

Immigration attorneys should give legal advice regarding immigration matters only. Unless he or she has a separate license or qualification as a financial adviser, the immigration attorney should not be giving financial advice. As to the review of the business plan, an immigration attorney certainly can review such documents and advise on whether or not the immigration laws and requirements are met. But leave the financial advice to the experts.

Most immigration attorneys working in this area can work with you on all of the EB-5 issues, with the exception of securities issues.

An EB-5 attorney could opine on whether the business plan is EB-5 compliant. The attorney should not be advising on which investment to invest unless he/she has an investment license. The attorney should review your source of funds to make sure that you are EB-5 eligible and explain about the whole immigration process and what you should expect and when.

The attorney should not advise as to the viability of the business project itself. You should obtain advise from a professional who provides "due diligence" on business matters. An immigration attorney may offer advice as to the suitability of the project's documentation under EB-5, such as guarding against any "guarantees," etc., in the offering documents.

An immigration attorney can advise you on many non-immigration law issues in the EB-5 process. It all depends on the nature of your question. Thus, you need to understand the limitations of the immigration attorney's ability to provide advice on any topic outside of the attorney's area of expertise. For example, if you seek business advice but not legal advice, or legal advice but not immigration law advice, you should know what kinds of licenses the immigration attorney holds and the level of expertise the attorney has in the matter discussed. Some attorneys may be licensed as investment advisers or securities brokers and can give you advice on the selection of EB-5 investments, including the assessment of the viability of a business plan. Other attorneys may not have these licenses but may not be charging you for the business advice you seek. Other attorneys may have deep backgrounds and specialty designations in areas such as tax law, real estate law, patent law, securities law, etc., enabling them to offer advice competently in such areas of your inquiry. It all depends on what the issue is that you need assistance with.

Immigration attorneys can review all project documentation from the perspective of compliance with USCIS immigration rules, regulations, laws, and policies. We do not advise investor clients on matters of business and investment possibilities, financial matters, or securities law compliance.