What is the best way to get multiple prospectuses to review different EB-5 projects? I”m worried about signing with 1 lawyer as his/her projects will be limited. Also how do you ensure the lawyer is not financially motivated from providing investors to the project? I am actively looking for an EB-5 project to invest in and so far I”ve viewed 4 different prospectuses and they seem very one-sided, with the lawyers in question benefiting from any outcome the project has.
An immigration attorney should not be referring you to any project. There should exist no interest between the parties. You have the option of hiring an independent company for neutral business advice.
You should ask the lawyers about their relationship with the specific regional centers. You always have the option of contacting the regional centers directly, getting the prospectus, and having it reviewed by an independent lawyer.
Your lawyer must have no interest in the project whatsoever. Further, the prospectuses should also be reviewed with your accountant and financial advisors. I will be happy to discuss further with you.
Your immigration lawyer should not refer you to any investment project. You need to have a third-party due diligence team review the prospectus (and more) to advise you on all of the risks. Most experienced EB-5 immigration attorneys will tell you to do your own due diligence and he or she will represent you in the immigration matters only, not provide financial advice.
The ultimate decision to make an investment lies with you. Any lawyer you consult for an EB-5 investment should review their credentials and history, and the U.S. immigration history of the project you are considering. Beyond that, it will be up to you to discuss the investment with a financial or business analyst, corporate attorney, or anyone else you feel could assist you with your decision.
The best way to proceed is normally to contract with an immigration attorney that will help you analyze the immigration risk. The attorney will owe you an ethical duty to represent your interests. I would be honored to assist in that analysis. If you are not comfortable analyzing the business risks, there are also advisers that can provide that service.
Ask the lawyer directly if they have any financial interest in the project. They must tell you the truth and would have to disclose this in the paperwork you sign. You want an immigration attorney who is only representing you.
There are several companies that review different regional centers and work with you to choose an appropriate regional center per your parameters. You should be wary of any regional center that forces you to use their own attorney or attorneys of their choosingchoice of attorney is yours and yours alone. Any attorney who is paid by a regional center may have an appearance of conflict of interest at the very least. Even if they do not have any conflict per se, it would be hard for any attorney who gets most of their cases assigned by a regional center to aggressively represent you against that regional center if things go bad between you and the regional center. Most of the good, experienced EB-5 attorneys I know are not tied to any particular regional centers and they do not get paid by them.
An experienced EB-5 attorney can advise you on projects that may have had a successful immigration EB-5 history of success. However, the EB-5 attorney cannot offer you business or investment advise as to whether an EB-5 project is or will be financially viable or to be a good business investment. There are independent companies that can offer neutral business and investment advise on the EB-5 project.
Financial motivation is not in a of itself a problem, but your attorney should fully disclose to you any money he or she may receive as a result of the investment. Your lawyer should equip you with the knowledge necessary to make the best decision for yourself and your family.
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