In any business venture, there’s no greater predictor of success than your team. This is especially true when it comes to your EB-5 visa team, from your attorneys and accountants to your choice of regional center. Their experience, advice, and guidance will either create obstacles or pave the way for smooth sailing toward your green card. Whether you’re a seasoned investor looking to move permanently to the United States or if you’re already in the U.S. on an H1-B visa, you want to hire the best immigration attorney you can find. With that in mind, let’s look at the top questions you’ll want to ask when interviewing potential members of your legal team.
Experience Questions
Obviously one of the top considerations for an attorney of any kind is their experience. There are many facets of immigration and a wide variety of different cases, so you’ll want to make sure your potential attorney is familiar with EB-5 visas specifically.
How many EB-5 cases have you handled?
The answer may be based on the individual attorney or the collective experience of their team. Be sure to clarify that and be certain you’re satisfied with the answer. You may also want to ask what percentage of their practice is based on EB-5 visa cases. Compare the answers to those of other attorneys you are interviewing.
What is your success rate with EB-5 visa petitions?
Even if they’ve handled many cases, their success rate will tell you their real track record. Ask if their clients have experienced any petition denials, and if so, what the reasons were and if they were able to overcome them for an ultimately successful visa.
Can you provide references from your past EB-5 clients?
It’s always best to get a personal referral from a friend or associate. If you are not able to get one, references are the next best thing. Successful immigration attorneys should have clients ready to sing their praises. If they cannot provide any, be certain to factor that into your ultimate decision.
In addition to a qualified attorney, you need an experienced regional center for your EB-5 project. Atlanta Partners Group delivers on project success and investor support.
Have you handled any cases like mine?
If your specific EB-5 case has greater complexities, you’ll need a more experienced attorney who has dealt with a wide range of issues. If they’ve successfully handled similar cases, this is definitely a point in their favor. If you’re transitioning from an H1B to EB-5 visa, make sure they have also handled cases like this.
Questions About Their Knowledge Base
The attorney you choose should know the EB-5 program inside and out. They should also be familiar with dealing with the USCIS and may even have specific contacts within the organization that they communicate with regularly.
Can you summarize the most recent changes in EB-5 regulations?
This should be easy for any immigration attorney to answer if they regularly handle EB-5 cases. Be certain to also ask if there are any potential upcoming changes that could impact your case. They should be current on both recent changes and possible legislative changes currently being discussed.
How do you evaluate EB-5 regional centers?
Find out their criteria for judging the quality of regional centers and who they have worked with in the past. (If you’re doing a direct investment, you’ll want to do a full deep dive into how they analyze business plans. The questions related to direct investment are complex and you’ll need a very experienced legal and business planning team.)
How do you handle cases where job creation requirements are not met?
Find out what their strategy is for handling obstacles. You could also ask about documentation problems or other potential pitfalls in the EB-5 process.
Process and Timeline Questions
While the requirements of the EB-5 program apply to everyone, each firm may have a slightly different approach to handling the process. Find out what theirs is and how long the process usually takes for their clients. See what their experience is when it comes to priority processing and set-aside visas for rural and TEA areas.
How does the EB-5 process usually go for your clients?
Find out what their typical client’s case looks like and what the steps are, start to finish. They should be able to easily explain to you which forms are required, how long preparation usually takes, and when each form needs to be filed. Make sure they know if you’re coming from an H1-B visa or are already in the U.S. under another type of visa.
How do you ensure my investment complies with all requirements?
The attorney should have a very strict checklist when it comes to project compliance. They should also be able to analyze regional center projects you are considering and determine whether or not the job requirements will be met, and if applicable, that the project meets the definition of a TEA (Targeted Employment Area).
What delays or obstacles should I be prepared for?
An experienced attorney should be able to prepare you for all manner of potential pitfalls. If you have any issues that complicate your case, be sure to bring them up as soon as possible to see if the attorney has dealt with these problems before.
Questions About Fees & Support
The EB-5 process is many things, but cheap is not one of them. This also applies to your professional team, and you don’t want to hire a weak or inexperienced attorney to save money. At the same time, make sure that if you choose a more expensive lawyer that they are truly worth the extra cost.
What are your fees and what do they include?
Find out not just the basic fee for an EB-5 case, but any additional forms you may need to file, the cost for responding to USCIS requests for additional information, and any other expected or unexpected fees that could arise. Also find out how much is due and at what points in the process payments are expected.
Are the USCIS petition fees included or is that a separate charge?
Find out who is cutting the check for the petition fees to the USCIS – you directly or if the attorney is including those fees in their total invoice. Also find out if the attorney’s office will be filing the form or if you are expected to do so personally.
Atlanta Partners Group will work with your attorney toward a smooth and successful EB-5 investment project.
What level of support is included and how should I expect communication?
Find out if they will relate regular updates to you automatically or if you need to request status updates. Ask if they assist with post I-526 approval, including the I-829 petition to remove conditions on your green card. If you have your eye on citizenship, find out to what extent they can assist with that process.
Ask, Verify, Vet, and Research
Your future in the United States depends on the success of your EB-5 visa program, including both the business project side and the legal and accounting team you create. No amount of research is too much here, and don’t be afraid to investigate your whole team, including your immigration attorney, carefully. The more questions you ask in advance, the smoother the process will go. At Atlanta Partners Group, we are also happy to answer your questions. When you’re ready to invest with an experienced regional center with a proven track record of success, APG is here to help you succeed. Contact us to learn more about our open EB-5 investment projects.
