The vast majority of immigration attorneys avoid counseling their clients about the strengths and weaknesses of the various EB-5 projects, and with good reason. The attorneys’ code of professional responsibility requires that attorneys provide advice only in areas where they are competent to provide such advice. Few attorneys have the training, experience or time to review the intricate financial issues present in regional center selection.
Nor do they wish to violate U.S. or state securities rules prohibiting anyone except licensed broker-dealers or their registered representatives from advising clients about investments in securities such as those offered by the regional centers. Nonetheless, the clients often request such advice and the attorney is reluctant to give the client no choice but to 1) rely on either self-help in an unfamiliar and complex field, or 2) to rely on unlicensed and unregulated business consultants, who themselves are difficult to evaluate for their competence or fealty to the client’s best interests. Our office can assist the immigration attorney when his/her client requests assistance with EB-5 project selection by accepting a referral from the attorney for EB-5 project due diligence with the following conditions:
We accept the case with the explicit, written understanding with the client that our firm will be providing solely due-diligence investment advice and will not act as the client’s immigration attorney either now or at any time in the future.
When the EB-5 project has been selected by the client, we send the case back to the referring attorney for preparation of the I-526, and we remain a resource for both the investor and referring attorney for any questions regarding the selected EB-5 project’s ongoing conformance with legal and financial requirements.
New to EB-5?
If you are an immigration attorney who doesn’t have a great deal of experience with EB-5, our attorney John Roth can act as your co-counsel (either officially or unofficially; your choice) at no charge for the I-526 petition for cases referred to EB-5 Analytics. John has been filing I-526 petitions since 2008 and he is glad to help!
Our firm foes not accept any incentive designed to encourage us to pick one center over another. See more on our firm’s Philosophy.