How to Find an EB-5 Attorney

As an EB-5 investor, you will need to make several big decisions. For example, picking the right investment project.

However, one of the biggest and most important decisions will possibly be which EB-5 immigration attorney to use. After all, they play a vital role in the EB-5 process and the application's chances of success.

This guide explores the role an EB-5 attorney plays in the application process and why hiring one is crucial.

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The role of an EB-5 attorney

EB-5 attorneys are experts in immigration law. They play a crucial role in guiding EB-5 investors through the process and helping them obtain their U.S. Green Cards.

The attorney’s job is to ensure the investor meets all of the USCIS’s criteria. Some of their responsibilities include:

Filing EB-5 immigrant petitions

Filing essential forms such as I-526 and I-829 petitions with the USCI.

Representing the client

EB-5 attorneys serve as liaisons between the investor and USCIS. They also represent the investor in any immigration proceedings or interviews.

Preparing documents

Helping clients prepare and submit all the documents needed for the EB-5 Immigrant Investor Program. This includes investment agreements, business plans, financial records and immigration forms.

Simply put, an EB-5 attorney’s role is to give immigrant investors the best chance of success when submitting their visa applications.

Why it’s crucial to hire an EB-5 immigration attorney

From the amount of documentation the investor must provide to understand complex immigration laws, the EB-5 Immigrant Investor Visa Program’s process is far from straightforward.

That is why hiring the right person for the job is crucial.

EB-5 attorneys specialise in guiding investors through the EB-5 process. Their expertise and experience can benefit investors and help them avoid potential pitfalls.

Here are some of the key benefits of working with an EB-5 attorney:

Understanding the EB-5 Visa

The EB-5 Program is complex to navigate. There are intricate legal procedures to contend with, and a strong understanding of U.S. immigration laws is required. An experienced EB-5 attorney possesses in-depth knowledge to help foreign investors overcome these complexities and better navigate the application process.

Due diligence

The program’s criteria state that EB-5 investment capital must be ‘at risk’. That is why selecting the right EB-5 regional center or investment project is essential.

An EB-5 attorney can assist you in carrying out thorough due diligence before investing. This is crucial as it helps ensure compliance with the EB-5 program requirements and mitigates risks.

Compliance

The EB-5 Visa program has stringent requirements that investors must adhere to in order to secure their Green Card. These include meeting the minimum investment amount, fulfilling job creation criteria and providing proof of a lawful source of funds.

An EB-5 attorney will help investors understand and fulfil these requirements. This can help to minimise delays and reduce the risk of the immigrant visa application being denied.

Support with immigration petitions

The EB-5 immigration attorney will file immigration petitions to the USCIS on behalf of the investors. This includes the I-526 petition, the first step in the EB-5 process.

They will also provide advice and support with Form I-829. This is filed 90 days before the investor’s two-year conditional residency expires. Once the I-829 petition is accepted, the investor is granted unconditional permanent residency status.

Overcome any issues

No matter how well you plan things, issues or challenges may arise during the process. This can include changes to rules and laws or delays in the EB-5 project.

EB-5 attorneys are equipped to address these challenges and resolve any issues along the way.

Maximise approval rates

Ultimately, every EB-5 investor’s goal is to secure a Green Card.

EB-5 attorneys are experts in immigration law and regulations specific to the scheme. This means they can help ensure the application and all documents comply with rules and regulations, boosting the chance of approval.

How to find an EB-5 attorney

To find the right EB-5 attorney, it’s essential to ensure they have a proven track record and experience handling EB-5 cases. They should also lay out their fee and payment structure upfront so the overall cost is clear from the start.

Finding the right EB-5 attorney can be a time-consuming task. But at Holborn Pass, we do the work for you.

We work with some of the leading EB-5 immigration attorneys to help ensure clients have the legal support they need to secure their Green Card.

We are part of the wider Holborn Assets Group, a leading, award-winning financial advisory company with over $2 billion in assets under management (AUM).

We have successfully helped hundreds of individuals and families secure golden visas. To find out how we can assist you, book a consultation with one of our advisers.

Frequently asked questions

An EB-5 immigration attorney is an expert in the legal side of the EB-5 Visa. They help clients navigate the program’s complex legal requirements to increase the chances of a successful application. They can advise on several matters, such as investment structures, and help prepare the correct legal documentation

When selecting an EB-5 immigration attorney, it’s crucial to consider things such as:

路 Their experience

路 Their track record

路 How familiar they are with EB-5 regulations

At Holborn, we work with some of the top-rated EB-5 immigration attorneys to help give clients the best chance of success with their EB-5 applications.

EB-5 immigration attorneys offer a range of services. Some of these include:

路 Help investors prepare their source of funds documents

路 Preparing and filing EB-5 petitions

路 Provide legal support throughout the EB-5 process

路 Deal with the USCIS on the client’s behalf

The cost of hiring an EB-5 immigration attorney can vary depending on several factors. Attorneys should discuss their fees and payment structure upfront based on your case and the work involved.

It’s possible to apply for an EB-5 visa without an immigration attorney. However, the EB-5 process is complex and requires an extensive understanding of U.S. immigration laws. Working with an experienced EB-5 attorney can greatly increase the likelihood of a successful application and help you avoid potential pitfalls.

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