When it comes to EB-5 investment, many investors mistakenly believe that working with a "broker" or immigration consultancy firm is enough. In initial consultations or promotional seminars, you may often hear statements like, “We have an attorney included,” or “Our attorney will support the entire process.”

But in reality, the role of an independent attorney specialized in investment or litigation is often left unmentioned – and this lack of clarity has led many investors into high-risk situations without even realizing it.

An immigration attorney does not protect you from investment risks

Most broker firms only work with an immigration attorney whose primary responsibility is to prepare and submit forms like I-526 or I-829, track USCIS processing, and ensure you comply with immigration rules.

They do not assess the investment’s financial risks, review the contract terms, or represent you in case of future disputes with the Regional Center or project developer.

Independent attorney: The one who understands investment and contract law

An independent attorney – not tied to any broker or project sponsor and free of conflicts of interest – is the only person who can fully protect your legal and financial interests throughout the process. This could be:

A litigation attorney – skilled in resolving contractual disputes or helping you recover your capital if the project fails.

A securities or investment attorney – who understands securities law and can assess the legal compliance and transparency of the EB-5 project, especially regarding the Private Placement Memorandum (PPM) and the terms for profit distribution or capital repayment.

A contract attorney – someone who reviews every clause in the Subscription Agreement and Limited Partnership Agreement to detect unfavorable or risky provisions.

Don’t let blind trust turn into irreversible loss

Hundreds of EB-5 investors have lost their $500,000 – $800,000 investments simply because no one reviewed the risk at the outset.

They relied on vague promises of "legal support" but didn’t realize no one was truly on their side when it came to financial risks.

Advice to investors: Choose your own independent attorney

Even if you're working with a reputable consulting firm, it is critical to have your own independent lawyer.

Choose someone you hire, you pay, and who has a legal duty to represent you – not the interests of the project developer or broker.