The recent AILA (American Immigration Lawyers Association) conference in California attended by Immigration Attorneys and Government Representatives from the department of Homeland Security (USCIS) focused on the EB-5 immigrant investor visa option. One of the key issues debated in detail at the conference was the role of immigration attorneys in the EB5 process and why immigration attorneys might want to focus on immigration advice rather than facing potential ethical issues, and perhaps even a conflict of interest, by providing advice to clients on choosing a regional center.

A number of speakers emphasized that the immigration attorney is naturally the right specialist for immigration advice but possibly inappropriate for advice on which regional center to choose.

Issues that potential EB-5 applicants should be aware of include:-

•    Some centers require the EB5 visa investor to use a particular attorney – What are the implications in this for you the applicant?

•    In some cases, attorneys also advise the very centers they are presenting and offering to the client.  Is this a possible conflict of interest?

•    If offering advice on choosing a regional center, has the attorney taken the time to visit the centers in question?

•    How many actual I-526 petitions and I-829’s has the Attorney processed?

Your choice of immigration attorney is very important. It is imperative that your chosen attorney not only be an experienced immigration attorney but also have considerable experience, preferably with multiple regional centers, in the filing of EB-5 visa petitions too.

For an in-depth look at the role of attorneys in the EB-5 selection process see: Ethical And Practical Considerations In EB-5 Representation by Carolyn S. Lee

Questions and concerns regarding choice of EB-5 attorneys are welcome at WhichEb5 Blog. Please email: info@whicheb5.com