Table of Contents
If you are considering an EB-5 visa, you will likely need EB-5 immigration attorneys to guide you through the intricate legal process. In this article, we’ll delve into the realm of EB-5 attorneys, exploring EB-5 attorney fees and responsibilities and offering insights on finding the right attorney for your needs.
Understanding EB-5 Attorney Fees
While it is not mandatory to hire an immigration attorney to handle your EB-5 case, we strongly advise that you do not attempt to apply by yourself, as this visa category is one of the most complicated in the U.S. immigration system. Not all immigration attorneys handle EB-5 cases due to their complexity, which is usually reflected in the EB-5 attorney fees.
Immigration attorneys will either charge on an hourly or a flat fee basis. We strongly recommend you choose an attorney who charges flat fees to avoid racking up fees, especially if your case is time-consuming and complicated. A flat fee will often end up cheaper.
It is also best to work with an immigration attorney specializing in EB-5 cases due to its highly complex nature. Ensure you choose an experienced attorney who has a successful track record.
As for the EB-5 attorney fees, we advise that you set aside at least $15,000. Fees depend on the attorney and their expertise and experience. It can go as high as $25,000 to $50,000.
This fee variance is even more pronounced depending on whether your investment is direct or indirect, i.e., if you will invest in a new commercial enterprise or a regional center. A new commercial enterprise is often more complex and might require additional fees, such as corporate attorney fees, as you will establish a new business. For instance, if your business is in real estate, you may need to hire a real estate attorney alongside your EB-5 immigration attorney.
Responsibilities of an EB-5 Attorney
EB-5 immigration attorneys prepare, file, and handle your EB-5 case from start to finish. Their role is to guide you through the entire process, including assessing your eligibility, addressing investment options, and recommending suitable projects. They will also file your I-526 petition with complete, accurate documents demonstrating job creation. Moreover, your immigration attorney will address any USCIS inquiries on your behalf.
Once eligible, your immigration attorney will assist with the I-829 petition for permanent residency. The I-829 petition is how you demonstrate that your investment has complied with the EB-5 program, which means you have met the requirement of creating or retaining 10 full-time jobs for a minimum of two years. This stage involves legal expertise, strategic planning, safeguarding your interests, and ensuring compliance with these complex immigration regulations. Overall, your immigration attorney is there to help you navigate the complex EB-5 program, allowing you to pursue your investment confidently.
However, it is best to remember that the EB-5 visa has multiple steps; thus, we advise you to ensure you ask your immigration lawyer exactly which steps your immigration lawyer will be handling for you. I.e., know what is included in your EB-5 attorney fees. Doing so prevents you from paying for more services or hiring another immigration attorney for a different step in your case.
Traits of Competent EB-5 Immigration Attorneys
Working with an inexperienced immigration attorney may save you money initially, but it can also be a costly mistake that could jeopardize your EB-5 case.
When choosing a potential immigration attorney, we recommend you look for one with the following characteristics:
A successful track record
Ideally, you must look for an experienced immigration attorney with a proven track record. I.e., they must have a history of successful petitions and be willing to share details on their past successes. Although this does not guarantee your case will also be a success, it will alleviate some of your concerns and give you peace of mind.
Here are some questions you can ask:
How many I-526 and I-829 petitions have you filed?
What are your approval rates for these petitions?
What is your strategy for proving a legitimate source of funds?
How do you facilitate communication?
Do you have experience working with applicants from my country?
Positive client testimonials
Before hiring an immigration attorney, research and check what past clients say about them. Consider concerns or issues raised by past clients to be useful in making your decision. Their past clients should leave glowing feedback which attests to their professionalism, expertise, and reliability.
Not all immigration attorneys are well-versed in EB-5 cases since it is one of the most challenging visa categories in the U.S. We recommend that you search for an immigration attorney specializing in EB-5 cases to increase your chances of success.
Ensure that you search for partner who is open about their EB-5 attorney fees and the entire process and provides straightforward discussions about financial aspects to enable you to make informed decisions. Ideally, they should be available to answer your questions promptly and be willing to share their experience in EB-5 investments.
Consult with Immigration Business Plan
Reach out to Immigration Business Plan today for a free consultation. Our team of experts, including trusted and experienced immigration attorneys, is here to understand your unique goals and set you on the path to success.