An attorney is someone who has studied at a law school and is trained to practice law in a court of law. A Visa Attorney helps clients file for a visa, advises them on their legal rights and obligations relating to their visit and immigration, and speaks and acts on behalf of clients in an administrative court.

An EB-5 Visa Attorney is important for immigrant applicants, helping them navigate the complex process of filing the EB-5 Visa Application. They guide you through the procedure of filing an EB-5 Visa petition (I-526 form), assist in completing and submitting the required paperwork to USCIS and other authorities, and help reduce processing times by employing the proper strategies.

EB-5 Visa Attorneys are not experts in EB-5 Investment strategies. An EB-5 visa attorney is not allowed to guide clients on investment-related matters for the EB-5 Visa. An EB-5 lawyer usually has no license to guide clients on financial investment choices.

The legal requirements for a lawyer to be an EB-5 Visa Attorney are to be a graduate of law, licensed to practice law in any state, and preferably be a member of a professional organization, like the American Immigration Lawyers Association (AILA). There were more than 50,000 EB5 Visa Applications in 2021, including 45,749 EB-5 Visa Applications from China. According to AILA, there are more than 16,000 EB5 Visa Lawyers in the USA.

What do EB5 Visa Attorney do?

The job description of an EB5 Visa Attorney involves the regular tasks and routine responsibilities of an immigration law consultancy.

An EB5 Visa Lawyer is responsible for ensuring that EB-5 investors satisfy all USCIS visa criteria in a timely manner and appropriately. An EB-5 Lawyer’s job description and responsibilities include the following tasks and duties.

  • Ensuring that all applicable fees and forms are paid in full and lodged with the USCIS.
  • Coordinating the submission of required EB-5 Visa forms within a specified time frame.
  • Ensuring that all financial paperwork is comprehensive and free from deceit, including sufficient information on the source of funding, which is the crucial component for EB-5 petition approval.
  • Ensuring that paperwork is USCIS compliant (per rules, regulations, and policies).
  • Working with EB-5 Financial Consultants like EB5 BRICS to determine the amount of capital that can be raised by an EB-5 Visa Investor.  EB5 BRICS guides the applicants on the type of investment project suitable for them.
  • Working with economists, business planners, and securities law attorneys to examine the progress of the EB-5 project.
  • Dealing with any issues and submitting all the necessary forms again.
  • Providing advice on how to go through the US Citizenship and Naturalization process.
  • Attending EB-5 industry conferences and seminars on a consistent basis to maintain a working knowledge of EB-5 and immigration law.

A capable and expert EB5 visa attorney will be able to simplify the EB-5 visa application process by completing several of the mandatory tasks and program requirements on behalf of the investor.

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How to Understand Whether an EB5 Attorney is Good or Not?

A good EB-5 visa attorney typically has positive reviews or testimonials from past clients, which reflect their ability to handle cases successfully. They should have a physical office, a well-designed and informative website, and documented proof of their business activities, such as records of successful petitions.

Other qualifications that you should look for in an EB-5 Investor Visa Attorney are as follows.

  • Endorsements from other legal professionals within the community further attest to their credibility and reputation.
  • A deep understanding of the program requirements and submission deadlines, as well as knowledge of foreign immigration practices and an awareness of the investor’s cultural background.

What Are the Costs for EB5 Visa Attorney Services?

The cost of an EB-5 investor visa lawyer ranges from $20,000 to $30,000. The EB-5 Visa Attorney fees depend on several factors such as the attorney’s length of experience, the popularity of the consultancy brand, and the location of the attorney’s office. Lawyers specializing in specific industries related to EB-5 investment (e.g., real estate, technology) may have higher fees due to their niche knowledge. Straightforward cases with a single investor may cost less than complex situations involving multiple investors or unique business ventures. The fees can vary based on the EB-5 applicant’s specific circumstances, including their state of residence, age, investment freedom, and the number of family members included in the application.

What are the price factors for EB5 Visa Attorney Consultation?

The price factors for EB5 Visa Attorney Consultation are listed below.

  1. The length of experience increases the pricing for EB 5 Visa Consultancy since it increases the chance of success.
  2. The popularity of the location of the EB5 Visa Consultancy brand increases the cost of EB 5 Visa services. Populated areas for EB 5 Visa attorneys have higher prices.
  3. The state of the EB 5 Visa applicant affects the EB 5 Visa consultancy fees and likewise affects the cost.
  4. The age, investment freedom, or family member count of the EB 5 applicant affects the workload of the EB5 Visa Consultant and therefore increases the cost.

How to Find Top EB5 Lawyers?

To find top EB-5 lawyers, search the American Immigration Lawyers Association directory, consult Regional Centers for their legal expertise, and seek recommendations from EB-5 advisors like EB5 BRICS.

  1. Search in the Directory of American Immigration Lawyers: This directory contains more than 15,000 attorneys and lawyers with an immigration service specialization who are members of the American Immigration Lawyers Association (AILA).
  2. Go to Regional Centers: Regional centers work in collaboration with teams of legal experts who are fully acquainted with the EB-5 immigrant investor program’s complexities. Even if an investor finally decides not to invest through a regional center, they might still serve as a valuable information resource.
  3. Consult with EB5 Advisors such as EB5 BRICS: Your investment advisor will generally have relationships with multiple competent and successful EB5 immigration lawyers and firms and can introduce you to their trusted partners.

How to Become an EB-5 Visa Attorney?

To become an EB-5 Visa Attorney, you must have a minimum education background and experience, including a Bachelor’s degree, a Juris Doctor (J.D.) degree, and pass the US Bar Exam. This entails completing a 4-year undergraduate program, followed by a J.D. program where you specialize in immigration law, and successfully passing the bar exam to obtain a license to practice in your state.

An EB-5 attorney candidate must have the following qualifications.

  • Bachelor’s degree. This is a 4-year study course where you get the training and education necessary to become a practicing attorney. Furthermore, take an interdisciplinary undergraduate education with a focus on research, communication, and logic studies, as well as modern languages or cultural studies as your major or minor. Proficiency in one or more foreign languages and a solid grasp of other cultures and world politics are indispensable to being an effective EB-5 lawyer.
  • Postgraduate Course. After finishing the bachelor’s degree, take the Juries Doctor degree. Take a variety of disciplines in the first and a half years to learn how to examine cases while at the same time studying constitutional law and legal reasoning. At this time, you will declare a specialty in immigration law and enroll in specialized courses.
  • Passed the Bar Exam. You must pass the bar exam to obtain a license in the state where you wish to practice immigration law. It may be necessary to pass a multi-state essay exam, a multi-state ethics exam, and a multi-state performance exam.
  • Preferably be a member of the American Immigration Lawyers Association (AILA). Being a member of the AILA will help you familiarize yourself with the network of professionals, the immigration legal community, and search for employment opportunities (www.aila.org). Joining your local chapter will allow you to get in contact with new clients and have the chance to network with other local professionals.

Moreover, you must be well informed about legal changes and new policies from the federal government.

What Are the Requirements for Becoming an EB-5 Visa Attorney?

The requirements for becoming an EB-5 Visa Attorney include expertise in business and immigration law, proficiency in drafting successful EB-5 petitions, and exceptional communication skills.

  • Understands business and immigration law, particularly EB-5. An EB-5 attorney assists in navigating the immigration procedure. A professional EB-5 immigration attorney is aware that counseling aims to instruct the EB-5 investor on their EB-5 visa eligibility and how to increase their chances of approval.
  • Successfully prepares EB-5 visas. The EB5 lawyer understands how USCIS assesses EB-5 petitions. The EB5 attorney identifies common government issues in requests for additional paperwork and drafts successful EB-5 petitions to secure first-round approval.
  • Effectively communicates and interacts. Immigration attorneys promptly answer client inquiries. EB-5 visa lawyers respond timely, with expertise and knowledge of the EB5 investment process.

Becoming an EB-5 visa attorney requires a thorough understanding of immigration law, extensive experience in investment-based visas, and the ability to navigate complex legal and financial matters. Mastery of EB 5 visa requirements is a must to guide clients through the intricate application process effectively.

Is it possible to use a Bank Loan for EB5 Visa Investment?

Yes, it is possible to use a bank loan as a source of funding for EB-5 investments, as per Vivek Tandon from EB5 BRICS. Typically, an EB-5 Visa Attorney will suggest using a bank loan for EB5 Visa when the investor does not have enough funds to meet the EB-5 capital requirement. In this scenario, the investor must be the primary borrower and personally liable for the loan repayment. The investor’s personal property must secure the loan. The applicant must ensure all information regarding the bank loan transaction, including the loan agreement, any documents about the transfer, and details regarding the collateral. Additionally, the loan must be placed in an escrow account or made available to the project before the applicant files the I-526 petition.

Is EB 5 Immigration Advocacy harder than other Investor Visas?

Yes, EB5 Immigration Advocacy is harder than other Investor Visas. It is a lengthy process that takes multiple years, more so than other types of EB5 Visa Alternatives. There are a few risks involved with investment-based immigration, such as EB-5, that have to be managed well by the EB-5 immigration lawyer and the EB5 financial advisor.

What to know about EB-5 Visa before Hiring an EB5 Visa Attorney?

Here are the things you should know about the EB-5 visa prior to hiring an EB 5 Attorney.

  • Legal Expertise: Ensure the attorney specializes in EB-5 visas and has a proven track record in handling such cases.
  • Costs: Clarify the fees associated with legal services, including consultation fees, document preparation, and representation costs.
  • Success Rate: Evaluate the attorney’s success rate in securing EB-5 visa approvals for clients.

The total cost of EB5 immigration lawyers includes the fees for preparing and filing all the documents, as well as handling your EB5 case. The EB-5 Visa cost and other associated fees make up the lawyer’s fees that range between $20,000 and $30,000.

Is EB5 Visa Consultant and EB5 Visa Attorney same?

No, an EB5 Visa Consultant and an EB-5 Attorney are not the same.

EB-5 visa consultants primarily focus on providing investment consultation services to prospective investors. EB-5 visa consultants specialize in evaluating investment projects, assessing financial documents, and offering recommendations based on the investor’s objectives and the requirements of the EB-5 program. Their expertise lies in analyzing the financial viability and suitability of EB-5 projects from an investment perspective.

EB-5 attorneys specialize in immigration law and focus on the legal aspects of the EB-5 visa process. EB-5 attorneys ensure compliance with immigration regulations, prepare and file visa applications, and represent clients throughout the immigration process. Attorneys prioritize navigating the complex legal requirements of the EB-5 program and ensuring that all documentation and procedures meet legal standards to maximize the likelihood of visa approval.

How many Immigration Attorney do exist in USA?

There are 52,995 immigration lawyers and attorneys working in the US according to Industry Based Information System World (IBISWorld) as of 2023. Over the five years between 2018 and 2023, there was an average 7.6% increase in the number of immigration attorneys and lawyers in the US. Under the Immigration and Nationality Act (INA) Section 203(b)(5), every year, 10,000 EB-5 immigrant visas are allotted for eligible people pursuing Lawful status as a Permanent Resident (LPR) based on their capital investment in a commercial enterprise. This accounts for the growing number of EB5 Visa Attorneys.

Do EB5 Visa Consultants provide Investment Consultation?

Yes, EB-5 visa consultants provide investment consultation services to prospective EB-5 investors. In EB-5 terms, investment refers to the capital contribution by a foreign investor into a qualifying U.S. commercial enterprise, aimed at creating jobs and stimulating economic growth. An investment consultation involves advising clients on the suitability of EB-5 investment projects based on their financial goals, risk tolerance, and the requirements of the EB-5 program. Consultants evaluate various aspects of potential investments, such as project feasibility, financial viability, job creation potential, and compliance with EB-5 program rules. They assist investors in making informed decisions by providing detailed analyses, conducting due diligence on projects, and offering recommendations tailored to the investor’s circumstances.

Do EB5 Visa Attorney know which investment is better for Immigrant?

No, EB5 Visa Attorneys do not know which investments are better for immigrants. They do not only focus on obtaining the visa but also strive to ensure that the visa process is conducted in a legally sound and effective manner. They practice immigration law, offering clients advice, due diligence, and compliance services, and may also recommend reliable financial advisors for investment decisions.

Are EB5 Visa Attorneys Experts for Foreign Investment?

No, EB5 Visa Attorneys are not experts for foreign investment because their expertise lies in immigration law and obtaining a visa through the EB-5 program. While they do know about investments, their main concern is submitting Form I-526, Immigrant Petition by Alien Entrepreneur and the accompanying tasks necessary to maintain the activities stated in the business plan throughout the process to ensure that neither the investor nor the business incurs any problems.

EB5 visa attorneys receive a four-year undergraduate degree followed by three years of law school and a juries doctorate (J.D.) degree, accredited by the American Bar Association. They then must pass the bar examination in the state in which they want to practice. They would continue to learn EB-5 policy and keep abreast of changes to the EB-5 program.

EB-5 visa attorneys do not generally concentrate on studies in finance or business administration, other than perhaps university courses. They do learn about business and investment opportunities and can suggest them to their clients, as well as support them as their attorneys.

Can Foreign Nationals hire an EB5 Visa Attorney from US?

Yes, foreign nationals can hire an EB5 visa attorney from the US, even if they are living in their home country. The difference between success and failure of their petition sometimes depends on the choice of a lawyer. Choosing an experienced U.S. EB-5 visa attorney increases the success rate of the application. They assist in gathering necessary paperwork, properly filing the petition, making the required payments, and dealing with unforeseen complications, such as an RFE.

Can an EB5 Visa Attorney help for other Investment Visa Types?

Yes, an EB-5 Visa Attorney can help with other investment visa types, such as E-1 and E-2. Immigration law firms often handle EB-5 visa cases and other investor visas, as well as green cards, family immigration petitions, naturalization, and other visas. EB-5 visas are a specialized area of immigration, however, not all immigration lawyers will have the expertise.

Can EB5 Visa Lawyer help for Green Card?

Yes, an EB5 Visa Lawyer can help with a Green Card application. You can apply for a temporary green card without an attorney, but understanding immigration procedures and EB5 visa requirements on your own may be difficult.

Does EB5 BRICS Provide EB5 Visa Consultancy?

Yes, EB5 BRICS provides EB-5 visa consultancy services and collaborates with direct investment specialists, regional centers, and EB-5 immigration law practitioners. We offer consulting services, helping regional centers create project documentation and prospective project analytics. We advise individual investors in financial and risk analysis and due diligence on their proposed investment.

What are the advantages of hiring an EB5 Visa Attorney?

The advantages of hiring EB-5 attorney are below.

  • Legal Expertise: Provides specialized knowledge in navigating complex immigration laws and regulations related to the EB-5 program.
  • Error Avoidance: Helps prevent common mistakes that could lead to delays or rejection of the visa application.
  • Efficiency: Streamlines the process, making it faster and simpler by handling all documentation and paperwork.
  • Application Preparation: Assists in preparing and organizing all necessary documentation required for the EB-5 visa application.
  • Risk Mitigation: Reduces the likelihood of application rejection by ensuring compliance with all legal requirements and addressing potential issues proactively.

What are the possible risks of working with an EB5 Visa Attorney?

There are two possible risks of working with an EB5 Visa Attorney.

  1. Fear of incompetence. The fee you pay for hiring an EB5 Visa Attorney may not be proportional to the lawyer’s experience and expertise.
  2. Fee. The fee of an EB-5 immigration lawyer can be expensive, but hiring the services of an immigration attorney saves you time, effort, and avoids any issues with U.S. immigration.

What kind of a contract is signed between EB5 Visa Attorney and Foreign National Client?

The contract signed between an EB5 Visa attorney and their foreign national client is called a Limited Scope of Representation, or an engagement or representation agreement. This defines what the attorney and client have agreed to as the scope of the legal services that will be provided and what specific tasks the attorney will perform on their client’s behalf.

The EB-5 process is a complex one, with professional guidance needed in a variety of matters, including business, tax, accounting, and immigration law. While an EB-5 Visa attorney may be competent in several of these areas, to reduce risk and best represent their client they will use this contract to clearly communicate what services they will provide.

Some of the areas defined within the contract may include following.

  • Scope of Representation: Clearly define what legal services the attorney will provide, such as counseling on the source of funds, conducting immigration due diligence on projects, filing the I-526 petition, and assisting with the filing of an immigrant visa application or adjustment of status application.
  • Confidentiality: Include provisions ensuring that all information shared by the client is kept confidential and not disclosed without consent, except as required by law.
  • Fee Arrangements: Specify the attorney’s fees, billing methods (hourly rate, flat fee, contingency fee), and any additional costs such as filing fees or expenses related to the EB-5 process.
  • Liability Limitations: Clarify the attorney’s liability limitations, typically outlining that the attorney is not liable for outcomes beyond their control, such as USCIS decisions or changes in immigration laws.
  • Termination Clause: Detail the conditions under which either party can terminate the agreement, including procedures for withdrawal of representation and any obligations upon termination.
  • Ethical Standards: Ensure compliance with ethical rules and professional conduct standards governing attorneys, emphasizing the duty of loyalty and diligence towards the client’s interests.
  • Dispute Resolution: Specify mechanisms for resolving disputes that may arise during the representation, such as mediation, arbitration, or litigation in accordance with applicable laws.
  • Additional Services: Include provisions for additional services such as preparing and filing the I-829 application to remove green card conditions, assisting with citizenship applications, providing guidance on exit options and capital return from the EB-5 project, and preparing clients for consular interviews.

Legal risks and liabilities are important considerations in the contract between an EB-5 Visa attorney and their client. Below are some examples.

  • The contract should address the potential expiration of the regional center EB-5 program, a pilot program subject to renewal, and how any such expiration might impact the client’s investment and visa application.
  • The contract should outline a process for handling discrepancies between the business model used in the econometric report and the actual operations of the project. This could involve amending Form I-526 and potential delays in processing for dependent children’s eligibility.