What EB-5 professionals should I consult before I apply?

Hiring an experienced EB-5 attorney should be your first step. The attorney you retain will tell you which other professionals are needed to reduce your immigration risks.

You may want to have someone evaluate the business plan and the offering documents, i.e. a securities lawyer.

Each case is different and hiring an experienced EB-5 immigration attorney is the best first step. That attorney will be able to advise you on which other professionals are needed, if any. For example, if you are interested in an existing EB-5 project offered by a regional center, you may wish to engage the services of a due diligence firm that specializes in reviewing EB-5 projects. If you are interested in investing in your own basic, individual project, you likely will need the services of a business plan writer. If you are interested in setting up a regional center, you would need all of the above, plus a corporate/business lawyer and a securities lawyer to advise on the SEC regulations. The team you need will be determined by your particular circumstances. An EB-5 immigration attorney will be the quarterback of your team and direct the efforts of the other team members.

Your immigration attorney comes in first as you indicated. However, other EB-5 professionals may be necessary but you and your immigration attorney need to address the following issues: 1) how you intend to meet the EB-5 application requirements, and 2) whether your investment would be either through direct investment or a regional center (RC). Your consultation would be a guide in identifying if other needed professionals such as accountants, and securities attorney, just to name a few, are needed and what their roles should be in your EB-5 filing process.

The first professional to retain is an experienced EB-5 attorney. If you are investing in a EB-5 regional center project then you also need to retain a CPA and tax attorney for tax and financial planning before you obtain your conditional permanent residency.

If you are going through EB-5 process by investing in a project run by a designated Regional Center with a good track record, then an immigration attorney, who is very experienced with filing EB-5 cases, not just any immigration lawyer, is all you need. However, if you are investing in a stand-alone business and you wish to run the business yourself, then you will need a business attorney, accountant and others that will help you prepare the business side documents for EB-5 petition filing.

You should consult with an attorney who can demonstrate to you knowledge and success in EB-5 and preferably an attorney that holds a general securities representative license.

The answer invariably depends on whether you will be applying under a direct EB-5 process or a regional center process. Your EB-5 immigration attorney will be best able to advise you on which other professionals would be helpful in the process.

Ideally an experienced immigration attorney will already have a group of professionals that make up an EB-5 team. At the bare minimum you will need to work/consult with an immigration attorney; a securities/regulations attorney & a business plan writer. Every single one of these should be people with knowledge & experience in the EB-5 process.

Yes, having the immigration attorney coordinate the process with other professionals is essential. As an investor, you would also want the project reviewed by an investment advisor or corporate attorney. A Certified Public Accountant could also assist you with this process. The goal here is to determine if the investment is a good business decision. A tax planner will help you plan for the changes to your tax status when becoming a permanent resident. An experienced EB-5 attorney, like those at our law firm, should have a network of trusted professionals that you can speak with.

It depends on whether you are investing in a regional center or a stand-alone direct project. In most cases, the immigration attorney is the only one you will need. If doing your own project, you will also need a business attorney (we handle most of the business matters for projects located in California) and a professional business plan, but we can direct you to business plan writers for that.

Thank you for your inquiry. I would certainly recommend an investment advisor (to understand your investment''s pros and cons), as well as a tax attorney (to understand the tax consequences of acquiring a permanent resident status in the U.S.)