Who does what in the EB-5 application?

Navigating an EB-5 investment, especially through a regional center (if that is what you are considering as opposed to a direct standalone investment), involves a team of specialists, each playing a critical role in ensuring a smooth and compliant application.
1. Immigration Attorney: Your immigration attorney is absolutely crucial. An experienced EB-5 attorney ensures that your source of funds (SOF) documentation meets USCIS requirements, that your investment complies with EB-5 regulations, and that your I-526 petition (the initial application for the EB-5 visa) is properly filed. The attorney also helps you understand how your investment interacts with U.S. immigration law and ensures compliance throughout the process, including the removal of conditions on your green card down the line.
2. Broker-Dealer or Investment Advisor: While optional, a broker-dealer or investment advisor can help you carefully vet and select EB-5 projects, particularly if you are investing through a regional center. These professionals help ensure that the project you choose is financially sound, that it has a proven track record, and that it meets the EB-5 program's job creation requirements. The broker-dealer also ensures the investment offering complies with U.S. securities laws.
3. Certified Public Accountant (CPA): A CPA can play an important role in verifying the lawful source of your funds, helping you gather the necessary documentation and preparing financial statements. Your CPA can assist in tracking the flow of funds (path of funds) from their origin to the EB-5 investment, which is a critical part of your application. This may be especially important if your funds are from a country overseas that may face currency exchange or documentary requirements. Additionally, U.S.-licensed CPAs help with tax planning, especially as your investment could have U.S. tax implications.
4. Regional Center Operator: If you're investing through a regional center, the regional center operator handles the job creation aspect of your EB-5 petition. They track and report on job creation and the success of the project, providing you with the required evidence when it’s time to remove the conditions on your permanent resident status. They are not your financial adviser, but should play a role in disclosing vital information to help you manage your investment.
5. Business or Financial Advisor: Depending on the complexity of your finances, you may also benefit from a business or financial advisor to help you evaluate the potential return on your EB-5 investment and manage any risks associated with it.
6. Your Role: As the investor, your key role is to ensure your funds come from a lawful source, meet the capital investment requirements, and are properly documented. While professionals will help you with this, you need to stay actively involved by providing all required documentation and understanding the progress of your investment and application.

Regarding government advice, the U.S. government (including USCIS) does not provide personalized investment advice or financial guidance to EB-5 applicants. They only process your application based on the submitted evidence. Therefore, assembling a knowledgeable team of professionals is crucial for your success in the EB-5 program. I’d be happy to connect you with the right professionals or guide you further through the process—feel free to reach out!

There could be many advisors (investment, tax advisors, etc.) involved in the EB-5 process, depending on the needs of every specific case. The immigration attorney’s role is to help you prepare and file your EB-5 petition with U.S. Citizenship and Immigration Services (USCIS). None of the services is obligatory, but it is very important to have an experienced immigration attorney involved in your case. The U.S. government does not provide advice to investors. USCIS is the agency that adjudicates EB-5 petitions.

If you are comfortable determining where to invest, then you can represent yourself in that part of the process and the immigration attorney can make sure your case is properly filed with the government so that you receive conditional residence and get the appropriate documents from the you and the project.