FIRST, QUALIFY THE CLIENT
Our firm has had clients who looked like good matches for the EB-5 program, but once we dug deep into their personal and business circumstances, we realized that an L-1A or E-2 visa was a better visa for the client. We urge anyone considering an EB-5 visa to first review their suitability for the visa with an experienced U.S. immigration attorney before moving to the selection of an EB-5 investment.
INTEGRATED LEGAL AND FINANCIAL INSIGHT
Financial insight is not enough to evaluate an EB-5 project. The legal issues are just as important as the financial issues. I don’t think you would be too happy to get your money back someday from an EB-5 project but find out that the EB-5 project managers hadn’t properly managed the job creation requirements of the EB-5 visa or the prohibition against “material change” (two of the most complex and vexing issues in immigration law, even for top EB-5 attorneys), and, so, we’re terribly sorry, but you and your family have 120 days to depart the U.S.
The EB-5 visa is widely regarded as one of the most complex areas in all of U.S. immigration law. Many issues are unsettled and require the judgment of an experienced immigration attorney. The law is evolving, too, and so requires acute attention to the latest trends in USCIS adjudication standards. What’s more, the legal and financial issues are inextricably intertwined, so over-reliance on outside sources or second-hand legal opinions can lead to incomplete or outdated judgments about the regional centers and their projects. That’s why John Roth has dedicated his EB-5 practice to the mastery of both the legal and financial issues so as to give our firm’s clients the best possible real-time advice when evaluating the centers.
EB-5 PROJECT SELECTION THROUGH EDUCATION
EB-5 investors are typically sophisticated, experienced and successful businessmen, with capable and effective advisors. Their main difficulty when confronting the EB-5 Regional Center Program is the sheer number of regional centers, the newness of the subject matter, and lack of an analytical framework for evaluating the centers. We have found that our EB-5 clients do not need us to decide which is the best center and EB-5 project to achieve their financial and immigration needs. Rather, they need a counselor to act as an educator and information manager to help them develop an increasingly sophisticated understanding of the EB-5 projects and the legal environment in which they operate.