When exploring EB-5 investment options, you may frequently hear things like “Our attorney handles everything” or “We have a lawyer supporting the process.” These phrases may sound reassuring, but in reality, they often hide serious misunderstandings—and sometimes even legal risks for the investor.

“Having a lawyer” doesn’t mean you have independent representation

When a company introduces their in-house or affiliated attorney, ask yourself: Who does this attorney really work for? Do they have ties to the broker or the regional center? Do they have any legal responsibility to represent you—or are they just a document processor for all clients?

Immigration attorneys do not assess investment risks

Brokers often hire immigration attorneys to handle USCIS paperwork—which is legal and necessary. But these attorneys do not evaluate the financial terms of your investment, do not assess the project’s safety or repayment likelihood, and are not prepared to help you litigate or recover funds if things go wrong.

Without an independent attorney, you face financial risks alone

When signing documents like the PPM, Subscription Agreement, or Limited Partnership Agreement, you may be agreeing to unfavorable or even dangerous terms without realizing it. These documents may limit your right to sue, delay your exit, or prioritize repayment to others before you.

So what should you be cautious about?

Ask clearly about the role and obligations of any “included attorney.” Who do they represent? Do they have a signed agreement with you? Never sign anything without your own attorney reviewing it first. Always choose an independent lawyer with expertise in contracts, securities, and litigation.

“Lawyer” is not a one-size-fits-all role

In law—as in medicine—not all professionals have the same specialty. An immigration attorney is not a substitute for an investment or contract attorney. Saying “we have a lawyer” means nothing unless that lawyer is someone you hired, paid, and who legally represents you.