Litigation attorneys are trial lawyers who primarily handle lawsuits. They represent plaintiffs and defendants in court, and work on various aspects of the litigation process, from investigation to appeal. In the EB-5 industry, the more common circumstances in which litigation attorneys serve as counsel include: 1) representing EB-5 investors in complex federal litigation issues; 2) representing EB-5 investors as plaintiffs against regional centers and EB-5 projects involving failure or fraud; or 3) representing EB-5 regional centers or issuers as defendants in U.S. Securities and Exchange Commission enforcement actions.
If an EB-5 investor’s application has been improperly delayed or denied by the U.S. government, they may seek representation from a litigation attorney. The attorney will ask a U.S. court of appeals or a federal district court to reverse an erroneous decision by United States Citizenship and Immigration Services (USCIS), or for an adjudication decision to be made. EB-5 litigation attorneys also assist in litigating deportation proceedings resulting from I-829 denials, arguing against naturalization case denials, and other complex federal litigation matters. If an EB-5 investor has exhausted all administrative remedies in their case for immigration benefits, they may wish to consult with a litigation attorney.
Litigation attorneys also represent EB-5 investors as plaintiffs against regional centers and EB-5 projects. Regional centers are designated by USCIS to sponsor projects as investment by EB-5 immigrant investors. If the regional center and/or EB-5 project fails due to poor management, fraudulent activities or similar issues, the affected EB-5 investor could file a lawsuit. An EB-5 litigator would represent the investor in their civil case, with the goal of returning the investor’s principal investment, administrative fees, or similar outcomes.
Depending on his or her experience and practice area, a litigation attorney may also be qualified to represent regional centers or issuers who are facing SEC enforcement actions. Regional centers and project owners must adhere to U.S. securities laws. These laws are administered by the SEC. The SEC, for example, may enforce civil or criminal liability on individuals who improperly enter into broker-dealer relationships. An EB-5 litigation attorney may defend investment advisers, issuers, brokers, attorneys, and others if they are facing actions involving potential violations of federal securities laws related to the EB-5 program.
Ultimately, EB-5 litigation attorneys are trial lawyers who have experience representing EB-5 immigrant investors, or EB-5 regional center principals and other entities as either plaintiffs or defendants in court cases. No matter what your interest in seeking an EB-5 litigation attorney is, it is important to review his/her background and experience, as well as his/her familiarity with the complexities of the EB-5 immigration program.