Is it best to work with a migration agency first or an attorney?

The best reason for working with a U.S. attorney (and not a migration agency) is that U.S. Attorneys are licensed and to maintain that license they must adhere to certain standards and ethical behavior. Further, a lawyer in the U.S. will almost always have at least 3 years of legal education.
Anyone can set up a migration agency, they generally don't require licenses, or education and so there are virtually no consequences if they are incompetent or even dishonest, except suing them, in which case it's the easiest thing in the world for them to simply disappear and start up business under a different name, leaving no assets or income to collect upon. U.S. attorneys cannot do this because of the license requirement.

To determine your EB-5 eligibility and strategy, it is essential to work with a U.S. licensed attorney who has experience with the EB-5 program. Only an attorney admitted to practice law in the United States can provide you with the necessary legal advice for this process.
For project selection, you have the option to work with an agent, conduct your own due diligence, or collaborate with a licensed broker. For filing your EB-5 petition and handling the remaining immigration process steps, it is crucial to continue working with your attorney to ensure compliance with all legal requirements and to navigate the complexities of the immigration process effectively.

I recommend working with an experienced EB-5 immigration attorney first to avoid any potential risks and delays. 

Migration agencies provide a broad range of services, including recommendations on which country might be the best fit for you and how to settle in that new country. Many also provide immigration advice, sometime by lawyers and other times by individuals who are not lawyers. Most countries do not regulate the services provided by migration agencies, so there is a risk that you may not be getting the best possible advice if you rely soley on a migration agency.
If you have decided on a county which you wish to migrate to, I strongly recommend that you consult an immigration attorney licensed to practice law in that country first, before reaching out to a migration agency for potential logistical assistance. However, you don’t just want a lawyer. You wouldn’t visit your dermatologist to discuss your heart problem. You want an attorney who focuses or concentrates their practice on immigration law. Even within the immigration law space there are areas of concentration. Some immigration attorneys focus on family migration, some on business, some limit their practice to EB-5 investor issues, others asylum, deportation defense, etc.
So how do you choose from the thousands of immigration lawyers here in the United States?
* First, explore recommendations from people you know who have migrated to the US and used a particular lawyer
* Second, visit that lawyer’s web site to get a sense of who they are and what the scope of their practice is.
* Do they appear to be young or new lawyers? If so, they might not have the depth of experience that you need.
* Do they appear to be generalists without any area of concentration. If so, they might be a jack of all trades, but master of none.
* Third, you want to see if they are a member of the American Immigration Lawyer’s Association.
* AILA is the nation’s primary professional association for immigration lawyers.
* If they are not a member, they might still be knowledgeable, but immigration law might not be their sole or even primary focus.
* Next, after identifying several lawyers that you would like to talk to, call them to see what they charge for a consultation.
* While some may offer free consultations, those lawyers tend to be younger lawyers or those who need to give away their time in order to generate business
* If you opt for a free consultation, make sure you will be talking to a lawyer, and not just a paraprofessional.
* Most experienced immigration attorneys like our own, offer a consultation at a reduced fee.
* Consultations do not have to take place in person. Most offices, including our own offer virtual consultations through Zoom, Google Meet, or Microsoft Teams.

* Lastly, make sure that the attorney addresses all possible options available to you. As they say every nail looks the same as a hammer. So, if you contact someone who specializes in EB-5, don’t accept a consultation that limits you to that option only, without exploring the myriads of other options, which may ultimately be a better fit for you.
If you follow the above steps, you will likely speak with 3 to 5 attorneys and not only get a sense for each individual attorneys' strength and perhaps weakness, but will gain a deeper knowledge of US immigration law, the various options that exist, and most importantly hopefully get a sense as to which, if any of them are the best fit for you. If that answer is none of the above, start the process over again and continue your search.

Our recommendation is to first speak with an experienced immigration attorney with expertise in not only EB/5, but all other options that should be considered in achieving your U.S. immigration objectives.