How do I know my EB-5 attorney is doing the right thing?

You can find experienced EB-5 Lawyers by word of mouth, or by conducting your own research online and yes you can ask a migration agent or an EB-5 financial professional for referrals. The attorney's fee agreement should have a breakdown of their scope of services. Generally, the immigration attorney should be independent of the regional center i.e. not be representing you and the regional center. You should inquire with the attorney about the number of EB-5 clients they have represented and their success rate. The fees that an attorney charges for an EB-5 case will vary, but in our experience the industry standard ranges from $17.5k to $22.5k for the initial stage of the conditional green card.

Choosing the right EB-5 attorney is crucial for navigating the EB-5 process and ensuring compliance with immigration requirements. Here’s a guide to help you make an informed decision:
1. Service Expectations: A qualified EB-5 attorney will guide you through the immigration requirements of the EB-5 program, including documenting your lawful source of funds, ensuring your investment qualifies under EB-5 immigration rules, selecting a suitable regional center or direct investment, and meeting job creation requirements. They should also advise on potential risks and keep you updated throughout your case.
2. Direct Hire vs. Agency Referral: Both options are common. Hiring directly allows you to assess the attorney's experience and client satisfaction, while a referral from a reputable migration agency may connect you with attorneys who are familiar with the agency's projects. However, be cautious to ensure that the attorney is independent and advocates solely for your best interests.
3. Attorney’s Relationship with Regional Centers: While many EB-5 attorneys work with regional centers, they should remain neutral and dedicated to representing your interests. It’s important that they review any regional center documentation objectively rather than promoting one center over others. Confirm the attorney’s independence and their ability to provide unbiased guidance.
4. Evaluating EB-5 Experience: To assess an attorney's EB-5 experience, look for factors such as their participation in industry conferences, any awards from peer-rated organizations, and whether they are board certified in immigration law (available in states such as Florida—where I am board certified—Texas, North Carolina, and California). Membership in the American Immigration Lawyers Association (AILA) and Invest in the USA (IIUSA) are also strong indicators of engagement in EB-5 practice. Asking about their success rate and speaking with past clients can offer additional insights.
5. Cost of Services: Discussing fees directly with the attorney is best, as antitrust regulations discourage open discussions of fees in forums. We invite you to contact us for more information regarding our fee structure.
Hiring an EB-5 attorney is an important decision that impacts your immigration process. Taking time to assess these aspects will help you choose the best attorney for your needs.

You should hire an attorney that is independent of the migration agency or the project. The projects/regional center pays a high fee to migration agencies and I am not sure how independent their referrals are. Search YouTube and the web for EB/5 attorneys. View and listen to different ones and decide on the one that you believe has the most experience and you believe would guide you through the process with patience. This is an important decision and you have to make sure that you and your attorney get along well together.

You want to make sure that an attorney has EB-5 experience both at the i-526 stage and i-829 stage. They should have relationships with several regional centers. You should check out their Google reviews and website relating to their experience.

You can always request a second opinion if you aren’t sure.

Selection of an immigration attorney is a very important part of your journey. It is important to find somebody who you trust and who gives you the utmost confidence in the attorney's competence and experience. Of course, you may ask your migration agent or even a regional center's representative for the recommendation. However, it is not a substitute to your own due diligence. The primary role of your immigration attorney is documentation of your source and trace of funds. This means that the attorney will be asking you for extensive financial documents and will communicate with you on very intimate matters concerning your professional background, accumulation of wealth, family dynamic, etc. I usually suggest scheduling consultation with several attorneys to evaluate their
professionalism and, most importantly, understanding of a source of funds pertinent to your particular country of origin. Generally, EB-5 attorneys
are almost never able to give you a quote for legal services without the initial consultation, because the price may vary greatly depending on the scope of work and complexity of the source of the investment capital.

Any U.S. barred attorney has an ethical duty to provide adequate knowledge, skills, and preparation to represent a client's legal matters. In the EB-5 world, this necessarily involves understanding the relationship between the EB-5 investor and the Regional Center they choose to work with. Some law firms represent regional centers and EB5 investors while some law firms only represent EB-5 investors. The attorney/client relationship is incredibly important, especially given the length of the EB-5 process - it makes sense to speak to a few attorneys to gauge their competence, experience, and to see if they are the right fit for you and your family.