I am considering the EB-5 program and I don”t know where to start. Should I find legal counsel first or should I find a project first? Will a lawyer help me find a project? I might like to do a direct EB-5 project but I don”t know how to go about finding one.
Finding an attorney would be the first step. Your attorney will give you a better understanding of the EB-5 program, which will put you in a better position to select a project that is appropriate for you.
Based on your question, I would highly recommend that you find Counsel first. They are also able to find you an investment.
I would talk to legal counsel first to find what kind of projects you should be looking for. You need to make sure that the project makes sense to you and to obtain residency. You should also read materials on your own to have a better understanding of the process. EB5 Investors website has a lot of information.
It is a good idea to retain immigration counsel first. While an immigration attorney should not recommend a particular investment project or give financial advice, he or she can advise you on the immigration laws and regulations that will be important in your case. Having this advice earlier rather than later can make a lot of difference to you.
Yes, speaking with a competent immigration attorney about EB-5 basics will be highly useful to educate yourself about the program.
The first step is to hire an experienced immigration attorney. Attorney will guide you in your immigration visa process and you will be in better position to select a project that is more appropriate for you.
I am retained by EB-5 investors to be their immigration attorney before they have decided which EB-5 project to invest in. In this situation, I give my EB-5 investor client a short list of three or four regional centers which have the best track records for obtaining U.S. permanent residence status for their EB-5 investors based on my knowledge and experience. My EB-5 investor client then communicates directly with the regional centers on this list to inquire concerning the specific EB-5 projects of these regional centers which are seeking new investors. My EB-5 investor clients must choose which specific EB-5 project to invest in. Please contact me at my office if you would like to schedule a consultation appointment with me. During the consultation appointment, I will assess your potential EB-5 case and discuss with you the pros and cons of investing in an EB-5 regional center project or a direct EB-5 project.
The first step will be to find legal counsel so that he or she can explain to you the EB-5 program and you have a better understanding of the program. If you would like, I would be glad to help you.
Why not query a regional center, find out about the EB-5 projects they have and ask a qualified financial adviser to study them and recommend a couple?
You should decide the areas that you want to invest your money, what level of participation you want in the investment (active management),whether you want to create/buy your your own business, invest in another person''s business or invest in a regional center (where they have their own business plan and manage the business). Once you have some ideas in this area you should have a consultaion with an Immigration Attorney that can help direct you in finding the options and walk you through the process.
An attorney may be able to answer your initial questions regarding the EB-5 and give you some pointers about what to consider, so it''s a good place to start.
I would recommend that you speak first to a U.S. immigration attorney knowledgeable about EB-5. An immigration attorney can help you evaluate how best to address all of your immigration concerns and help you assess whether EB-5 is right for your situation. Many immigration attorneys introduce clients directly to projects or to others who can introduce projects as part of the service to their clients. Some immigration attorneys are paid finder''s fees for these introductions, which they may or may not disclose to their clients. Acceptance of finder''s fees by these immigration attorneys may not be consistent with U.S. securities laws concerning the registration of broker-dealers or state ethical rules governing attorneys. I would encourage you to ask any immigration attorney you speak to about whether he or she takes finder''s fees, and if so, I would further encourage that before you engage such immigration attorney, you first speak with another attorney who can advise you both about broker-dealer laws and the conflicts of interest associated with finder''s fees. (Note: my firm does not take finder''s fees or any other compensation from third parties we introduce to our clients in our immigration or EB-5 transactional practices.)
To start, you can either find an immigration attorney first or find a project first. Though immigration attorneys cannot give you investment advice, an experienced EB-5 attorney can give you valuable information and guide you through the entire process. Many investors choose a direct EB-5 project because they know the owner of the company to which they intend to make the investment. The owner can be a relative of the investor or has pre-existing business relationship with him/her. When they reach a preliminary agreement, they find an immigration attorney to structure the business in compliance with the EB-5 legal requirement. However, if you have not found a direct EB-5 project yet, immigration attorneys may also have the resource that they know and direct you to find a proper direct EB-5 project. Please contact us to find more information about regional center investment and direct EB-5 investment.
As with any legal process, and in particular, immigration process, it is important to evaluate what you wish to accomplish and what your options are. In that regard, beginning with legal counsel from an immigration lawyer is the best way to proceed. You may have different options, or you may have issues which mean that a project at this moment, regardless of which project, is not the best course of action for you. Most importantly, you ought to identify what your ultimate goal is (is it moving to the U.S. permanently? Or is this for your children?), and seek advice based upon those options. Once you identify your goal, and should you wish to proceed with a Regional Center, your immigration attorney cannot recommend particular projects but if you need some guidance, of course they can evaluate projects that you have identified and of course let you know of any pluses or pitfalls to selecting that Regional Center. Of course, this may seem self-serving as I am writing in the capacity as an immigration lawyer but since I am not limited to EB-5s, I can share some perspective on immigration as a whole.
I would suggest consulting with an experienced EB-5 immigration lawyer to discuss pros and cons of various options, including but not limited to, reviewing some short list of regional centers that have proven success track records.
I normally help my clients find a project. Then, do the due diligence to make sure the project makes sense. Then screen source of funds. That''s usually how one starts.
Your best approach is to find counsel first so as to best qualify and to select an investment.
You can research the possible investments and also get a lawyer to help you with the process.
I always recommend consulting with a CIS attorney first.
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