The EB-5 Immigrant Investor Program has proved its success over the years by bringing thousands of foreign nationals to invest in the United States. Investors can obtain permanent residence if they comply with the regulations set by United States Citizenship and Immigration Services (USCIS).
During the EB-5 process, investors must submit two visa petitions: Form I-526, Immigrant Petition by Alien Investor, and Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. These forms, if not filled out correctly, may lead to a denial by USCIS, leaving an EB-5 investor without a visa.
Because of the strictness with which USCIS adjudicates EB-5 investment petitions, investors are advised to seek reliable immigration counsel. An experienced immigration attorney will be able to guide investors through each stage of the EB-5 investment process, from choosing a safe EB-5 project to compiling the needed documentation and filing the visa petitions.
What to Look For in an Immigration Attorney
Investors should choose an immigration attorney who has a deep understanding and knowledge of the EB-5 program, as well as experience working with EB-5 clients. Here are the characteristics that a prospective investor should look for in an immigration attorney.
A High Success Rate
An attorney’s success with previous EB-5 investors is an important benchmark. Investors should ask the immigration attorneys they interview about their success rates with the I-526 and I-829 petitions. Although USCIS approval cannot be guaranteed, working with an immigration attorney who has a high success rate with previous EB-5 clients is advisable.
Clear Communication
EB-5 investors are bound to have questions about the investment process. Clear communication with their immigration attorneys is essential so that no details are overlooked or misunderstood. EB-5 investors should feel comfortable contacting their immigration attorney whenever they have questions and be confident that their questions will be answered promptly. Immigration attorneys should also communicate proactively with their clients about any developments that may affect their EB-5 investment.
Lawful Source-of-Funds Documentation
One of the most challenging aspects of the EB-5 process is providing evidence that the EB-5 investment capital was sourced legally. This information must be included in Form I-526.
To avoid delays, EB-5 immigration attorneys should have a strategy for compiling the source-of-funds evidence. They should be willing to spend a significant amount of time to complete Form I-526 thoroughly.
Trusted by Former Clients
When choosing an immigration attorney, one of the most reliable sources of advice an investor can turn to is client testimonials. Positive client testimonials are proof of an immigration attorney’s work ethic, and satisfied clients are an indication that the attorney can get the job done.
Foreign nationals who are interested in making an EB5 investment should secure the support and guidance of an experienced attorney throughout the whole EB-5 process. The better the immigration attorney, the more likely it is for an EB-5 investor to gain a U.S. green card.
