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Starting EB-5 case -- what potential EB-5 investor should know & do


What potential EB-5 investor should know & do to begin your EB-5 case

[Q] Do I have to use the same attorney who filed I-526 petition for I-829 conditions removal petition?

No. If you used one immigration attorney for your I-526 immigrant petition and IV consular or I-485 adjustment processing, you can decide to retain another immigration attorney to handle your I-829 conditions removal petition.

[Q] We are considering EB-5 case. What are the associated fees for I-526 immigrant petition and IV processing?

You must realize that EB-5 case does not just involve or consist of I-526 and/or IV consular processing (assuming you and your family are going to do consular processing.

[HOT] [Q] What are the absolutely minimum facts I should know before beginning my EB-5 case?

In our opinion, here is the absolutely bare, minimum information you should know before you begin your EB-5 case.

[HOT] [Q] How should I go about selecting the most suitable EB-5 project for me?

[Q] Which regional center is most suitable for me, and how do I go about selecting a suitable regional center EB-5 project for me?

Well, it really depends on what your goals are. We believe there are three (3) possible goals in your pursuit of EB-5 case.

1. Minimizing loss of your initial investment amount.

[HOT] [Q] Should I maintain my H-1B or E-2 status, and if so, until when?

If you wish to begin EB-5 Processing and you are already in the U.S. on non-immigrant visa status such as H-1B, E-2 and F-1, we strongly advise you to maintain non-immigrant status for you and your family members until you and your family obtain either Immigrant Visas or conditional lawful status. That is the safest course of action.

[Q] Which Regional Centers-based EB-5 Projects do you recommend?

As Anais Nin said "We don't see things as they are, we see them as we are." This means our preference of the RC will probably reflect the way we are, our preferences and traits regarding risks and safety.

Having said this, we prefer a RC EB-5 project 1) that utilizes a job-calculation methodology that appears to be "reasonable" to common sense expectations; 2) that involves the job-creating business/companies which are solid, financially and business-wise; 3) that has good track record of approved I-526s and I-829s; and 4) is run by knowledgeable and experienced staff or professionals.

[Q] What should I consider when choosing an immigration attorney?

  • Level of experience with EB-5 cases and with U.S. immigration cases in general.
  • Whether the immigration attorney seems to be knowledgeable and responsive to your questions regarding EB-5 law.
  • Whether the immigration attorneys seems to be prompt and responsive to your questions.
  • The types of legal services covered in the retainer agreement.
  • Whether the immigration attorney has handled many EB-5 cases.

[Q] What points should I consider in choosing a Regional Center EB-5 Project?

I would say the primary considerations should be the track records for I-829 approvals, structure available to reduce the risk to your initial investment and whether the job-calculation methodology is "reasonable" to lead to the approval of I-829 condition removal.

[Q] What are kinds of fees involved in doing my EB-5 case?

The total fees can be broken down into the following:

$500,000 USD (or $1 MM in non-TEA) investment

Subscription "issue" fee (sometimes called initial marketing & legal cost fee) which can range anywhere from $30,000 to $50,000 USD.

Immigration attorney retainer fee (make sure what services are covered). Attorney fees can vary depending on the types of services and levels of services covered and the experience of individual immigration attorney.

Filing fees for I-526, I-485 (if applicable) and I-829

National Visa Center fees if IV consular processing is chosen instead of I-485 adjustment processing.

Physical exam costs

[HOT] [Q] Do I choose immigration attorney first or Regional Center first?

This is a "chicken or egg" question, and there is no single right answer for everyone. It depends on your preference, but do note that in practice, many regional centers in practice require a particular immigration attorney(s) to file and submit EB-5 applications. The biggest problem for most potential EB-5 investors is that they do not know which RC Program is suitable for them; and although there is no easy answer, we believe ultimately the best guidance is the track record; the problem is only a handful of regional centers have significant track record so far.

[Q] Who chooses and pays for immigration attorney fees?

Some regional centers leave it up to you to choose your own immigration attorneys, but some regional centers prefer that you use their preferred immigration attorneys. It all depends on a specific regional center.

Generally speaking, the EB-5 investor must pay for the fees and filing fees, etc.