Immigration lawyers can assist foreign investors (petitioners) and businesses seeking capital navigate the EB-5 program's complex regulations.
EB-5 Petitioners: Immigration Lawyers Provide Comprehensive Legal Assistance for Program Compliance and Success
Providing legal advice and guidance on the EB-5 program requirements and process.
Assisting with the preparation and submission of the EB-5 petition and supporting documents.
Advising on the appropriate investment structure related to the likelihood of getting immigration benefits and any risks.
Assisting with the source of funds documentation and proving that the investment funds were obtained lawfully.
Advocating for the petitioner's interests in the event of a Request for Evidence (RFE) or denial of the petition.
Advising on immigration-related matters, such as visa processing and adjustment of status.
Overall, immigration lawyers can help EB-5 petitioners navigate the complex legal and regulatory landscape of the program, increase their chances of a successful application, and reduce the risk of complications or delays.
Immigration lawyers can communicate with the agency on the client's behalf. Additionally, they can represent clients in appeals and other legal proceedings related to the EB-5 program.
EB-5 Assistance for Business Owners: Immigration Lawyers Advise on Fund Formation and Visa Applications
An immigration lawyer helps with the structuring of the EB-5 Fund with the I-956F project application. This form provides information about the USCIS-approved regional center in which the foreign investor wishes to invest.
The lawyer can assist the business in identifying an appropriate regional center and providing the required information about the location, industries, and expected economic benefits of the regional center.
In addition, an immigration lawyer can help the business ensure that their investment project meets the requirements of the EB-5 program and that all necessary documentation is properly prepared and submitted to the USCIS.
Questions to ask your immigration lawyer
How long does the EB-5 process typically take, and what factors can affect the timeline?
What is your experience with the EB-5 program, and can you provide references from other clients who have successfully obtained EB-5 visas?
What is the total cost of working with you on my EB-5 application, including legal fees, filing fees, and other expense.
Ask how long they have worked in the program, how many petitioners they have worked with, and what are their I-526 and I-829 approval rates.
Some petitioners may come from countries that have specific issues, and a lawyer experienced with that country or region is often preferred. And sometimes language may be an issue and a lawyer who can speak the native tongue of a petitioner can be of great benefit.
Limitations of Immigration Lawyers in EB-5
There are some limitations to the scope of an immigration lawyer's services. Some things that an immigration lawyer may not be able to help a client with in the EB-5 program include:
Investment advice: An immigration lawyer is not a financial advisor and cannot provide specific investment advice or recommendations to a client. It is important for clients to conduct their own due diligence and seek the advice of a qualified financial professional before making any investment decisions.
Guaranteeing approval: While an immigration lawyer can assist with the preparation and submission of the EB-5 petition and supporting documents, they cannot guarantee that the petition will be approved by the USCIS. The decision to approve or deny a petition is ultimately up to the USCIS.
Expedited processing: An immigration lawyer cannot guarantee that a client's petition will be expedited or given special treatment by the USCIS. While there are some limited circumstances in which expedited processing may be available, it is ultimately up to the discretion of the USCIS.
Overall, while an immigration lawyer can provide valuable assistance and guidance in the EB-5 program, there are some limitations to their services. Clients should be aware of these limitations and seek out other professionals for advice or assistance in areas where an immigration lawyer may not be able to help