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[Q] When choosing an immigration attorney for my EB-5 case, how many years of work experience should the attorney have?


Whether the attorney is sufficiently capable to handle your EB-5 case depends on the attorney's character, intelligence, familiarity, knowledge, etc. with EB-5 area. In our opinion, to handle EB-5 case capably, the attorney should have at least 5 years work experience (some would even say 10 years) in general U.S. immigration law and also have handled (successfully) some EB-5 cases before.

Do not assume that all U.S. immigration attorneys have experience in EB-5 cases. Many immigration attorneys go through their career without having handled a single EB-5 case. This is not a knock on them at all, because they are probably more experienced or adept at handling different types of U.S. immigration cases, be it family-based immigration cases, deportation or labor certification cases, etc. Also, U.S. immigration law is a very complex area of law, and the immigration law changes quite often; therefore, it is not fair or wise to expect a U.S. immigration attorney to be expert on every area of U.S. immigration law. EB-5 area is pretty specialized, and there are not as many EB-5 cases as there are let's say family-based green card cases, so it is only logical that a minority of U.S. immigration attorneys will actually have had an exposure to EB-5 cases.