Recent EB-5 Investor Issues and Why It’s Important to Hire an Experienced Attorney—Webinar With Ahmed Khan

The following article is based on our January 2025 webinar featuring EB5AN Vice President Ahmed Khan.

In this webinar, he shared invaluable insights into the challenges that EB-5 investors face today, stressing the importance of working with an experienced immigration attorney who understands the nuances of the EB-5 program.

This article contains some key excerpts from the webinar’s main sections.

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Why It’s Critical to Work With an Experienced EB-5 Attorney

In a field as dynamic as EB-5, where policies and legal interpretations can change frequently, having a skilled attorney on your side isn’t just helpful—it’s essential. Working with an attorney who stays updated on new legal precedents and changes to USCIS procedures is vital for any investor looking to succeed in their EB-5 application. Even small changes in law or case law can have a significant impact on your application, and failing to adjust to these developments can result in delays, denials, or missed opportunities.

Even during the source-of-funds process—one of the most critical steps in the EB-5 application—new cases or policy shifts can emerge that change how the USCIS interprets the law. An experienced attorney will be able to quickly adapt to these changes and incorporate them into your application. On the other hand, an attorney who is unaware of these developments could miss opportunities or misstep, potentially jeopardizing your entire application.

Beyond the larger legal changes, hiring an experienced attorney is also essential for preventing common errors and oversights throughout the EB-5 process. The EB-5 application involves many forms, each with detailed sections that need to be filled out accurately. Even small mistakes, such as submitting incomplete or incorrect paperwork, can cause significant delays or even outright denials. An experienced attorney will ensure that every detail is meticulously handled, helping to mitigate the risk of errors.

Avoiding Catastrophic Mistakes

The EB-5 process can carry serious consequences for investors, especially when crucial deadlines or requirements are missed. As Ahmed Khan discussed during the webinar, some mistakes, such as missing the filing deadline or failing to submit key forms on time, are virtually unfixable. For example, if you’re in a situation where you need an adjustment of status to remain in the U.S., and you miss a critical deadline, there are few options available to rectify the situation. Even if the mistake is a result of USCIS’s own error, it’s still an uphill battle to have the situation corrected.

The risk is particularly high for investors who are facing other time-sensitive issues, such as a child who is close to turning 21 and aging out of eligibility. For these investors, timing is everything, and missing a deadline could result in the loss of family eligibility for the EB-5 visa. This underscores the importance of having an attorney who understands not only the technicalities of the EB-5 program but also the personal stakes involved in each case.

An experienced attorney will not only avoid these costly mistakes but also proactively anticipate potential issues before they arise. This includes understanding the unique challenges associated with different sources of funds, including international currency restrictions and other legal complexities, and taking the necessary steps to avoid problems before they derail your application.

The Importance of a Proven Track Record

Choosing the right attorney for your EB-5 application requires due diligence. Investors should take the time to thoroughly vet any potential attorney or law firm by asking the right questions. One of the first things you should look for is the attorney’s experience, both in terms of years in practice and the number of EB-5 cases they’ve handled.

For example, if you are an investor from India, it’s crucial to find an attorney who is familiar with the Reserve Bank of India (RBI) restrictions and the challenges that come with currency exportation from India. Similarly, Chinese investors face specific hurdles when moving funds out of China, and an attorney who has experience working with these issues will be better positioned to guide you through the process.

Investors should ask their attorney about the specific types of source of funds they have dealt with and the issues they’ve encountered. An attorney who is upfront about the potential challenges involved will likely have the experience and foresight to navigate the complexities of your case.

Furthermore, a truly experienced attorney will be able to share examples of when they’ve fixed problems caused by other attorneys. This ability to troubleshoot and correct mistakes made by others is an important indicator of the attorney’s depth of expertise. If an attorney has successfully turned around cases that were initially mishandled by others, it’s a sign that they have the skills and knowledge necessary to handle your case with the care and attention it requires.

Understanding the EB-5 Visa Backlog

Another major challenge that EB-5 investors need to be aware of is the growing visa backlog. There are more people waiting for Green Cards than there are visas available each year, which creates significant delays for investors—particularly those from countries like India and China.

For investors applying through rural targeted employment areas (TEAs), the anticipated wait could be shorter, while urban TEA investors could have to wait for years. While this backlog doesn’t necessarily change the long-term outcome for investors, it does affect when they will receive their conditional Green Card.

The timing of your application and when you file for adjustment of status can have a substantial impact on when you receive your permanent Green Card. If you’re facing a potential backlog, you want to make sure that your application is filed as soon as possible to lock in your opportunity to receive an Employment Authorization Document and Advance Parole, which allows you to stay and work in the U.S. even if your current visa status expires.

The Role of an Advocate

Ultimately, the role of an EB-5 attorney goes beyond just filling out forms and handling paperwork. When you hire an attorney, you are hiring someone who will act as your advocate and guide you through every step of the EB-5 process. This means that your attorney should not only understand the intricacies of the law but also be someone who will stand by you, offering proactive advice and addressing challenges as they arise.

Whether it’s ensuring that you meet critical deadlines, addressing issues with your source of funds, or advocating for your family’s needs before the USCIS, a trusted attorney will be a crucial ally in securing your EB-5 visa. By thoroughly vetting potential attorneys and choosing someone with a proven track record, you can increase your chances of a successful outcome.

Learn More About the EB-5 Visa Process

The EB-5 visa process may have its own complexities, but with the right legal guidance, investors can navigate these challenges successfully. Working with an experienced attorney is the key to avoiding costly mistakes, staying ahead of shifting policies, and ultimately securing your path to a U.S. Green Card.

As Ahmed Khan emphasized in the webinar, taking the time to choose the right EB-5 team—and ensuring that they are equipped to handle the nuances of your specific situation—will make all the difference in achieving a successful outcome.

EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you would like to know more about how to choose the right EB-5 professionals, book a free call with our expert team today.