What is a basic EB-5 visa service from an attorney?

It really depends on the immigration lawyer-some of us see this as our job to guide you through the entire lengthy process. Others limit their services. Every lawyer works differently so choose wisely.

An immigration attorney will advise you on the strategy of your case and your immigration options. Usually, the services of an EB-5 immigration attorney include a review of your admissibility to the U.S., a review of your source of funds documentation, a review of the project documentation for EB-5 immigration compliance, and preparation and filing of your EB-5 petition with USCIS.

The short answer is that it depends on the attorney. If I were you, I would want:
* An attorney who will guide you throughout the entire process from helping you understand the project(s) and investment documents, to explaining the EB5 requirements and all of the procedural steps. An EB-5 immigration attorney should not tell you where to invest, but they should explain the terms of the investment you are considering. They should definitely tell you where NOT to invest.
* An attorney who will stay in touch with you until you receive your permanent residence (the 10-year LPR status) and citizenship should you choose to have it
* An attorney who will answer the calls him/herself and direct you to her staff when needed

(Migration) Agents are finders and, depending on where you live, you may or may not benefit from working with one.

First, you should expect that the attorney would ask you many questions during an initial consultation to ensure that EB-5 is the correct path for you. Migration agencies are not qualified to offer legal advice or represent clients in legal matters. While they can advise on the overall process, they cannot draft or review legal documents, offer advice on U.S. immigration law, or represent clients in legal proceedings. Attorneys are bound by professional standards, ethics, and confidentiality rules, which provide additional security and trust. To become licensed by our state bar, we go through a long and stringent character and fitness investigation. You should continue to have contact with your immigration attorney after the I-526 is approved. Whether or not the process that follows I-526 approval
is separate from the initial services your attorney provides depends on the attorney. Generally speaking, it makes sense to have milestones in the agreement, such as I-526 approval that separate the different phases of an agreement with an attorney.

Our service includes reviewing the business plan and project documents from the Regional Center (or private project) to determine if they are sufficient for I-526 approval – description of project, econometric studies on the job creation plans, etc.. You need to make the investment decision. We prepare all immigration forms, outline the source of your funds as that is a critical component of the I-526 and later I-829. We monitor the case and send you status updates monthly. We also coordinate second stage processing for conditional residence whether it is an I-485 or consular processing.

When hiring an EB-5 immigration attorney, you can expect the following standard services:
Consultation and Case Assessment. assess your eligibility for the EB-5 program and discuss the specifics of your investment and immigration goals.
Guidance on Requirements: The attorney will guide you on the EB-5requirements, including the minimum investment, source of funds, etc.
Preparation and Filing of the I-526 Petition: The attorney will prepare and file the I-526 Immigrant Petition by Alien Investor on your behalf. This includes gathering necessary documentation, ensuring compliance with EB-5
requirements, and addressing any legal issues that may arise.
Communication with USCIS: The attorney will handle communications with the U.S. Citizenship and Immigration Services (USCIS) regarding your petition, including responding to any requests for evidence or other inquiries.
Ongoing Support and Guidance: After filing the I-526 petition, the attorney should continue to provide support and guidance throughout the EB-5 process, including assistance with the adjustment of status or consular processing once the I-526 is approved.

Differences between an EB-5 attorney and a migration agency:
• Legal Advice: An EB-5 attorney is licensed to provide legal advice and representation, whereas a migration agency may offer general guidance but cannot provide legal advice or represent you in legal matters. Migration agents cannot provide legal advice on US law. Only US licensed lawyers can advice and represent you in an EB5 process. Specifically for EB5, it is recommended that the client hires a lawyer with specific EB5 experience, track record and credentials, as EB5 is a very specific field and most generalist immigration lawyers would not have adequate knowledge.
• Representation: Attorneys can represent you in legal proceedings and communicate with government agencies on your behalf, which migration agencies are not authorized to do.

Regarding the preparation and filing of the I-526 petition:
• Not the Final Result: The preparation and filing of the I-526 petition is not the final result. It is an important step in the EB-5 process, but additional steps are required to obtain conditional permanent residency and eventually remove the conditions.
• Continued Contact: You should expect to maintain contact with your attorney after the I-526 filing. This ongoing relationship is typically part of the original service, as the attorney will assist with subsequent stages of the EB-5 process, including the I-829 petition to remove conditions on your residency.