How do I process my EB-5 application with an EB-5 law firm?

It depends on each lawyer, but your lawyer should be able to give you approximate timelines and expectations for what will be required of you.

You should consult with a qualified EB-5 lawyer for an initial consultation. Once the lawyer determines your eligibility for the EB-5 program, you will then engage the firm by signing a retainer agreement. Once engaged, you will work closely with your lawyer and the firm to facilitate the EB-5 investment and subsequent petition.

A lot depends on what type of project you are investing in. Some clients want to meet frequently, and others we handle everything by mail and email. All funds will need to be invested in the project before we file with USCIS and first stage attorney fees paid to us before we will begin the work on your case.

You should first engage the legal services of an experienced EB-5 immigration attorney. He or she will discuss your case with you and determine the scope of documentation to prove your lawful source of funds for EB-5 investment. You will then provide these documents to your attorney to prepare your individual I-526 petition. A regional center project will provide all offering documents to your attorney for review. You will generally invest the EB-5 funds to a project of your choice before your I-526 petition is submitted. Generally, a lot of work by your attorney is done without your presence at the attorney's office. If you are in the United States, you may visit your attorney to sign your I-526 petition or he or she may send the documents to you for signature and return to their office. We generally perform services for many EB-5 investors who are residing abroad and they do not need to visit our office to file their case.

Working with an attorney at the outset will make the process much easier. If you choose to invest in a project, the attorney will review that paperwork with you. Once that is done, the attorney gathers both the information from you and the EB-5 project sponsor to gather up paperwork, provide source of fund documentation, etc. in a manner most likely to preclude adverse action or additional requests for information that may further burden your application. It is important to have such an attorney at the outset of your investment.

Normally, you would want to pick experienced legal representation at the very beginning of the process, preferably an experienced immigration attorney and if provided under state law, one who is board certified in immigration and nationality law with significant experience in representing EB-5 investors successfully as well as representing a variety of EB-5 regional centers and job creating projects. The number of appointments with the attorney depends upon a variety of factors; often much of this work can be done via email.

There is no rule and it depends on the firm.

The process of retaining a firm is quite simple. You need to call and schedule an initial consultation, which can be done in person or via Skype. After the consultation, the attorney will give you all the steps and everything usually can be done via e-mail; the forms can be sent for your signature and you can mail them back to your attorney. Usually, you can submit your investment a few days after you have hired an attorney.