What is the first thing my EB-5 immigration attorney must do?

Look for experience-EB-5 Investors Magazine's >Top 25 is a good guide-Top 5 is an excellent guide.

They should advise you of the processes, filing steps and what you must prove to maximize your chance of success including a complete path of your source of investment funds, advantages of investing in a rural, high unemployment, infrastructure project set aside for faster processing, attorney and USCIS fees, assist with an introduction to projects you may be interested in or if investing in your own project explain the requirement, business plan etc. The attorney cannot select your project but can advise of known immigration track records from Regional Center data or hook you up with a company to evaluate the Regional Center as a financial investment.

An attorney’s role in representing a client with respect to any matter requires the attorney be deemed to be competent to handle the given matter and expresses knowledge about the particular field of law, be it immigration law or otherwise. A prospective client should conduct their own due diligence to assess if the individual they are considering retaining is in fact a licensed attorney, and in what state, and if they may have any official disciplinary record against them.
While having experience in a specific field is a plus, it shouldn’t necessarily be the driving influence in deciding to retain one attorney over another. A person must feel that the individual is respectful of their needs and that they are willing to give them the time and commitment to handle their case. This is true of any case matter, regardless of the area of law. For individuals seeking advice on a prospective EB-5 investment, it is important to significant practice s specialized and covers both immigration law and to a very small degree, aspects of securities and business law (only to advise you to consider consulting with attorneys that specialize in these areas of the law). You should expect them to provide comprehensive guidance across all phases of the EB-5 process.
In terms of the initial action taken by an attorney, given the nature of the case type, they should work with the client to discuss what is the specific source of funds that the client will invest into the EB-5 enterprise. However, if a client has yet to decide on the given enterprise, it is still important to lay out a roadmap as to what is expected of the attorney and how the attorney can best represent the client in the matter at hand. The first thing any competent immigration lawyer should do is conduct a comprehensive intake and map out in general terms the client’s source-of-funds strategy. This usually includes asking the right questions of a client to understand your investment plan, family situation, and immigration goals, reviewing your financial documents and sources of funds to identify what needs to be documented, identifying gaps, risks, or missing evidence, creating a document request list tailored to your case and explaining the timeline and next steps.
What a good attorney does is also consider other options besides the EB-5 case type to assess all of your options. EB-5 case filings are always inherently risky and its an attorney’s role to provide their clients with all the information and options that may be available to a client and just discussing the EB-5 process without considering the other EB or FB options is a disservice to the client and a clear sign that the attorney isn’t necessarily a right fit for the client.

With respect to an EB-5 matter specifically, the attorney should consider the following factors:

1. Eligibility Assessment

* Review of your financial history, lawful source of funds, and investment capacity.
* Explanation of the difference between Direct EB-5 and Regional Center EB-5 and which best suits your situation.
2. Detailed Strategy Planning

* Developing a personalized immigration plan, including your timeline, dependents, and travel needs.
* Overview of required documents and anticipated challenges.
3. Source of Funds (SOF) Guidance. This is often the hardest part of EB-5. They should:

* Analyze your funds and identify all sources (salary, business income, loans, gifts, investments, property sales, etc.).
* Tell you what evidence you need and review all documentation.
* Flag weaknesses that may need additional documentation or expert evaluation.
4. Project Due Diligence (if applicable). While EB-5 lawyers cannot give financial or investment advice, they should:

* Evaluate whether a project meets USCIS EB-5 requirements.
* Review offering documents (PPMs, subscription agreements) for immigration compliance.
* Highlight immigration-related risks.
5. End-to-End Filing of Your I-526E / I-526 Petition

* Preparing, organizing, and submitting your petition with all supporting evidence.
* Drafting the legal brief or detailed attorney cover letter. Note that with respect to I-526E matters, often times the project will have a cover letter/brief template which the attorney must utilize.
* Coordinating with Regional Centers, accountants, source-of-funds experts, and other professionals.
6. Ongoing Support After Filing
A good EB-5 attorney doesn't disappear after your I-526(E). They should help with:

* Responding to RFEs, NOIDs, or other USCIS notices.
* Adjustment of status (I-485) or consular processing (DS-260).
* Removal of conditions (I-829).
* Tracking deadlines and maintaining communication.

Comparing attorneys can be tricky because the work is technical. Here are industry-standard benchmarks that all attorneys should follow, regardless of the practice area:

1. Communication & Case Management
Good lawyers:

* Respond within 24–48 hours. As an example, we offer clients the ability to communicate through WhatsApp along with other communications channels.
* Offer clear timelines and updates.
* Assign a dedicated case manager or paralegal.
Poor lawyers:

* Leave you chasing them for answers.
* Provide vague or inconsistent explanations.

2. Thoroughness of Source-of-Funds Analysis
Good lawyers:

* Provide a detailed SOF plan early.
* Ask probing questions.
* Identify documentation gaps.
* Provide structured evidence request lists.
Poor lawyers:

* Give minimal or generic advice.
* Do not ask detailed questions of you.
* Push the burden entirely on you.

3. Experience & Track Record
A strong EB-5 lawyer should be able to show:

* Years of EB-5 experience (not just general immigration).
* Published decisions, conferences, or recognized EB-5 practice.
* Experience with both direct and regional center cases.

4. Quality of Written Work
You can benchmark by:

* Reviewing sample redacted filings (many firms can show samples). However, note that with I-526E petitions, most often, the templates aren’t even the attorneys’ but rather the RC or Project’s attorneys that drafted them.
* Checking clarity, organization, legal argument quality.

5. Transparency About Fees
Good lawyers:

* Give a clear, written fee breakdown (I-526, I-485, I-829, RFE responses, etc.).
* No hidden charges.

6. Involvement With Your Regional Center or Project Team
Good lawyers:

* Proactively coordinate with the Regional Center/issuer.
* Ensure project compliance with immigration rules (not financial viability).

7. Advocacy & Problem-Solving
Good EB-5 lawyers:

* Anticipate issues before they become problems.
* Are proactive with RFEs or gaps in evidence.
* Provide strong legal memos supporting complicated source-of-funds situations.

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This is an excellent question! Usually, the representation agreement should define the scope of the services provided. As a general standard, you should expect the attorney to evaluate your goals, review your source of funds, explain all procedural steps, and guide you through every document required for the EB-5 petition. A competent lawyer will not simply fill out forms, they will develop an individualized legal strategy, identify potential risks, ensure compliance with USCIS standards, and prepare a comprehensive evidentiary submission on your behalf, including a legal memorandum, supporting documents, and properly indexed exhibits.
In our practice, the first step is the initial case-planning session. At that stage, the attorney with experience in EB-5 asks the prospective client a variety of questions to identify the source of funds precisely and discuss possible gaps in the trace of funds from the source to the investment. This early structure is essential in EB-5 matters because the quality, organization, and accuracy of your evidence determine the strength of the filing.
The second step is onboarding. During this stage, the lawyer (or legal team) explains how the process works, provides you with technology and document-collection tools, conducts an initial analysis of your circumstances, and issues tailored instructions and questionnaires that form the backbone of the case strategy.
A realistic benchmark is the level of thoroughness and professionalism you would expect from a financial compliance audit or a complex corporate due-diligence review. Your attorney should, at a minimum, maintain regular communication and keep you updated, provide clear instructions on every document needed, review translations and financial evidence, prepare a detailed legal strategy and memorandum, and monitor your case throughout adjudication.

At hire, your EB‑5 attorney should first run a structured strategy intake: confirm whether a visa is available and map a defendable lawful source and path of funds plan, while verifying the project’s immigration compliance. Avoid anyone pushing a single regional center, taking undisclosed referral fees, claiming special influence, or promising fast approvals or guaranteed returns.

Our role is to get the I526E approved, so we'll simultaneously be working on the authentication of the source of funds while reviewing potential projects for compliance with the current laws/rules/regulations/policies.

Thank you for your email. I am happy to discuss it with you during a consultation.

Every lawyer has their own process, but in my office, I make sure we can prove the source of funds satisfactorily, or USCIS or DOS can't approve the case. So basic eligibility is what I would do first.

It is important to feel comfortable that this person can be your guardrails.
A lot of EB-5 attorneys either refuse to give any advice on the regional center or give too much information because they favor that center. You need someone who can guide you through the IMMMIGRATION process, not the investment portion. Too many EB-5 attorneys pretend to be financial experts.
This is your money that you are investing. The EB-5 attorney needs to have your immigration best interests at heart.
Just my 2 cents.

EB-5 investors must work closely with their immigration attorneys to address a range of complex issues. These include, but are not limited to, compiling personal information and documentation for both the investor and their family, as well as verifying the availability and lawful source of the capital investment. This phase can be particularly time-consuming and intricate—especially for investors from the Middle East or Far East—due to the unique cultural practices and documentation styles prevalent in those regions.

Your EB-5 attorney should first ensure the prospective investor fully understands the immigration related risks and the process to obtain permanent residence. A good benchmark for comparison would be your doctor before complicated surgery or your financial advisor establishing a financial plan for future retirement.