How can I ensure that an EB-5 attorney is not working with a regional center?

Before you retain an EB-5 immigration attorney, you can ask the attorney to confirm if there is any affiliation with the regional center.

Many regional centers have preferred immigration counsel, but you do not have to retain that attorney if you do not feel comfortable. Attorneys should disclose or disclaim any potential conflicts of interest.

It does not necessarily mean attorneys are working for a regional center if the regional center provides you with a list of their recommended EB-5 immigration attorneys. You should ask an attorney whether or not he or she is affiliated with a regional center in any way, or prepares/files the I-924 for a regional center. An attorney would generally have a disclosure in his or her attorney-client agreement expressly indicating no affiliation with any particular regional center or compensation being received from any particular regional center.

If a regional center sends you a list of three attorneys that they recommend, it may be alright as they like to work with attorneys familiar with the EB-5 program. If you wish to make sure that the attorney is not affiliated with a certain project, you simply ask them to put it in writing.

Your immigration attorney should be independent from a regional center to avoid any conflict of interest. However, many regional centers have a list of top attorneys who have been very successful, to whom they could refer you. Just because the regional center recommended you to an attorney does not mean that attorney is working for that regional center or he/she will push you to invest with that regional center. If they do, then you do not have to use that person. As part of your due diligence in selecting an attorney, you could ask the attorney a very pointed question on their working relationship with the regional center. Choosing a regional center project as well as your lawyer is your choice and ultimately, you must be comfortable with your decisions.

You can ask if they were involved in the I-924 for that regional center.

If the attorney is being compensated by the regional center to place your investment it must be disclosed in your retainer agreement. This may be a question to ask your attorney. Many attorneys that work closely with projects do an excellent job for their clients. In some cases an attorney closely affiliated with a regional center may be in a better position to advise you. Do not be afraid to ask questions - remember always - you are the boss and have the right to full disclosure at all times.

Ask them. There is an inherent conflict of interest where an attorney represents both the regional center and the investor in that regional center. Anyone insisting you work with a certain attorney in order to invest should be viewed with suspicion in my opinion. Use your own independent counsel in a regional center that does not pressure you to do these things. Your money speaks volumes when it comes to these things - allow it to be heard.

Ask the attorney directly.