One of the most common misconceptions among EB-5 investors is believing that having an immigration attorney is sufficient to protect them throughout the entire process—from investment to green card. In reality, an immigration attorney and an investment attorney serve entirely different functions, with distinct areas of expertise, responsibilities, and impacts on the investor’s interests.

The immigration attorney – Your guide through the USCIS process

An immigration attorney assists the investor in preparing and submitting immigration forms such as I-526 and I-829, monitors the progress of USCIS review, and advises on lawful source of funds strategies. They also help respond to Requests for Evidence (RFEs) and ensure that all filings comply with immigration procedures.

However, an immigration attorney is not responsible for reviewing the financial risks or investment contract terms of an EB-5 project. They do not analyze the Private Placement Memorandum, Subscription Agreement, or Limited Partnership Agreement. Nor do they represent the investor in the event of disputes or capital return failures.

The investment attorney – The one who protects your financial and contractual interests

In contrast, the investment attorney focuses on the financial and legal aspects of the EB-5 transaction. They carefully review core documents such as the Private Placement Memorandum, Subscription Agreement, and Limited Partnership Agreement to ensure that the investor fully understands key issues such as risk disclosures, exit strategies, capital repayment priorities, and investor rights.

When legal issues arise—such as contractual violations, delayed repayment, or fraud—this is the attorney who drafts demand letters, communicates with relevant parties, and works in tandem with litigation counsel if necessary to recover the investor’s funds.

No single attorney can—or should—fulfill both roles

Each legal specialty requires in-depth knowledge and professional experience. An immigration attorney, no matter how skilled, is generally not equipped to assess securities structures or contractual risks in an EB-5 offering. Likewise, an investment attorney—although lawfully permitted to represent clients in immigration matters if licensed in any U.S. jurisdiction—will typically decline to appear before USCIS unless they possess sufficient knowledge and practical experience in immigration law and procedures.

This is not just a matter of expertise, but also of professional ethics. Attorneys must refrain from providing legal services outside their area of competence, as defined by bar rules across the United States.

A sound EB-5 strategy requires both attorneys—and both should be independent