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What role do immigration attorneys have in providing EB-5 investment advice?

Do immigration attorneys generally assist in the development of investment concepts and/or the vetting of regional centers on behalf of their clients? If no, do they usually recommend financial advisers to their clients? Or would you expect that most clients would come to the table with that information in-hand already?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, EB-5 immigration attorneys do not provide investment advice, but may provide information regarding regional centers with excellent historical track records and recommend other specialists in connection with your EB-5 case who would conduct due diligence.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    More so the due diligence on projects and regional centers than with developing investment concepts. The investor has to make an independent business decision to invest, and retaining an investment adviser is a great way to assist the investor in doing so.

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    Ed Beshara

    Immigration Attorney
    Answered on

    EB-5 immigration attorneys can only offer immigration advice and cannot offer investment or business advice as to whether an investor should invest in an EB-5 regional center project. There are registered professionals and groups who offer investment and business advice.

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    John J Downey

    Immigration Attorney
    Answered on

    Immigration attorneys provide immigration advice. If you request some assistance in evaluating a company's financial status, they could recommend two or three qualified advisers for you to choose from.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Immigration attorneys cannot give investment advice, but we can review legal documents and put you in touch with an investment adviser. Or, for example if you only wanted to invest in a regional center with 100 percent approvals on their I-526s and I-829s, we could help you locate those.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The immigration attorneys should not be advising you on where to invest or how good the investment is. What they could do is explain the legal process of EB-5 and provide you with facts about certain regional centers that you may be considering, including their track record or review of their offering documents for job creation methodology or structure of the investment including any exit strategy that may be in place, and particularly how those terms may affect your I-526 petition. The choice of investment vehicle is strictly yours as the investor. If you really want investment advice, there are investment brokers that are licensed to help you, and your attorney may be able to give you some they know.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your attorney may have financial training and may thus be qualified. However, you should determine the qualifications of your attorney and ask if they are receiving compensation from the regional center.

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    Robert Cornish

    Securities Attorney
    Answered on

    Immigration attorneys handle immigration matters. A prudent investor should have their own personnel at the ready to perform meaningful due diligence on a potential deal, which means retaining securities counsel and an accounting firm. Many attorneys work with financial advisers, but the nature of EB-5 investments as r/e type private equity fund interests requires much more in-depth review than one would commonly.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, the attorney generally cannot give investment advice unless the attorney is also a certified investment adviser.

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