Critical Questions to Ask Before Hiring an EB-5 Attorney

If you’re considering investing in the EB-5 Immigrant Investor Program, choosing the right attorney to guide you through the process is key. The EB-5 process can be complex and lengthy, and your attorney will play a critical role in ensuring that your petition is filed correctly and efficiently. A mistake in your petition could result in delays or even a denial, which could leave your investment tied up without securing any immigration benefits. To avoid this, you need to ensure that the EB-5 attorney you hire is highly qualified, experienced, and trustworthy.

But how do you make sure you’re hiring the right attorney for such an important and delicate process? The following are key questions to ask any potential EB-5 attorney before signing on.

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Experience With Post-RIA Cases

How Many EB-5 Petitions Have They Filed Since the Reform and Integrity Act (RIA) Was Enacted? How Many Have Been Approved?

In March 2022, the EB-5 program underwent significant changes with the passage of the EB-5 Reform and Integrity Act (RIA). The RIA brought new rules and requirements that impacted everything from the required investment amount to the regulatory framework governing regional centers. These changes were designed to increase transparency and investor protection, but they also added layers of complexity to the EB-5 process.

When interviewing an EB-5 attorney, ask how many petitions they’ve filed under the new RIA rules. Since the RIA’s enactment, the legal landscape for EB-5 has shifted, so you want an attorney who is up-to-date with the latest regulations and has experience in handling the nuances of post-RIA cases.

Additionally, inquire about their approval rate. While approval rates can vary depending on factors such as the specific projects and petition types, an attorney with a solid track record of successful petitions will be more likely to help you achieve the same success.

Professional Affiliations and Standing

Which Associations Are They Affiliated With? Have They Had Any Disciplinary Complaints?

An attorney’s professional affiliations and standing within the legal industry can offer valuable insight into their credibility, experience, and ethical track record. Membership in respected organizations, such as the American Immigration Lawyers Association (AILA) or state bar associations, indicates a commitment to ongoing education and professional development in immigration law. Attorneys who actively participate in such associations often stay informed on the latest legal and regulatory changes, which can be beneficial for their clients.

It is important to assess an attorney’s standing within the legal profession. Asking whether they have ever had any bar complaints can help you gauge their reputation and ethical history. While minor complaints are not uncommon, a history of serious disciplinary actions may be a red flag. A reputable attorney should be open about their professional background and willing to discuss any past issues, if applicable.

Capacity and Case Timeline

What’s Their Current Workload? How Long Will It Take Them to Complete Your Case?

Depending on the complexity of your case, the EB-5 process can be time-consuming. As such, it’s essential to work with an attorney who has the time and resources to dedicate to your case. Ask the attorney about their current workload and whether they have the capacity to take on your case.

Additionally, inquire about the estimated timeline for your case. While no attorney can guarantee specific approval dates, they should be able to provide a reasonable estimate of how long the process will take from start to finish. Having a clear understanding of the timeline helps you manage expectations and prepare for any potential delays or issues.

Fee Transparency

Are All Fees and Timelines Clearly Outlined?

When it comes to legal fees for EB-5 cases, transparency is crucial. Some attorneys charge flat fees, while others bill hourly, and the costs can vary significantly. A qualified EB-5 attorney should be upfront about their fees and provide a clear breakdown of what’s included in the price.

Ask the attorney for a detailed fee schedule that outlines not only their legal fees but also any additional costs, such as filing fees. It’s also important to clarify payment terms—whether fees are paid in installments or in one lump sum—and any refund policies.

Make sure the attorney is clear about the timeline for payments, and that they don’t have extra fees for common services like document preparation or consultations. Being fully informed about the cost structure before committing to a lawyer will help you avoid any financial surprises along the way.

Response to USCIS Requests

Are Request for Evidence (RFE) Responses Included in Their Fees, or Do They Charge Extra?

One of the most common hurdles in the EB-5 process is a Request for Evidence (RFE) from the United States Citizenship and Immigration Services (USCIS). An RFE occurs when USCIS needs more documentation or clarification on certain aspects of your petition before making a decision. Responding to RFEs can be a time-consuming and complex task that requires additional legal work.

Ask the attorney if RFE responses are included in their fees, or if they charge extra for this service. Ideally, you want to hire an attorney who includes RFEs in their fee structure, as additional charges could quickly escalate the overall cost of your case. It’s important to understand exactly what is covered in the attorney’s fees upfront so you aren’t blindsided by extra charges down the line.

Potential Conflicts of Interest

Do They Represent Any EB-5 Projects or Regional Centers? Could This Create a Conflict of Interest in Their Advice to You?

Many EB-5 attorneys also have relationships with specific EB-5 projects or regional centers, and in some cases, they may even represent these entities directly. While these relationships are often legitimate, it’s essential to ensure that your attorney’s advice to you is unbiased and in your best interest, rather than influenced by their connections to specific projects or businesses.

To avoid any potential conflicts of interest, ask the attorney if they have any direct or indirect relationships with EB-5 projects or regional centers. If they do, inquire about how they ensure that their advice to you is objective and independent of these connections. If the attorney represents any projects, you may want to consider finding a different attorney to ensure that your interests come first.

Additional Considerations

What Is Their Communication Style and Approach to Client Service?

While not directly related to the legal aspects of the case, it’s essential to understand how the attorney communicates and how involved they will be in your case. Will you have direct access to them, or will you be working with junior staff? Ask about their approach to client service and how often you can expect updates on the progress of your case.

Effective communication is crucial in the EB-5 process, and you want an attorney who is responsive, approachable, and committed to keeping you informed at every step.

An Important Consideration on Your Path to the EB-5 Green Card

Hiring the right EB-5 attorney is a crucial decision that can significantly impact both your immigration goals and financial investment. By asking the right questions, you can ensure that your attorney has the expertise and professionalism needed to handle your case effectively. A well-informed choice will help protect your investment and keep your EB-5 petition on the right track.

Beyond strong legal counsel, having a trusted EB-5 team that prioritizes quality service and transparency is also important—and that’s where EB5AN comes in.

EB5AN has helped more than 2,300 families from 70+ countries navigate the EB-5 process with confidence. With over a decade of experience and a proven track record of offering top-tier, low-risk EB-5 regional center projects, our team is committed to delivering expert guidance at every step.

Learn how to build the right EB-5 team for financial and immigration success by scheduling a free one-on-one call with EB5AN today.