In any financial transaction—especially one as significant as an $800,000 EB-5 investment—the most important question is not “Who’s preparing my paperwork?”, but rather “Who is truly standing on my side?”

The difference between an “included attorney” and an independent attorney can be the thin line between protecting your assets and losing everything.

Conflict of Interest – The Hidden Risk in EB-5 Investments

Many investors are unaware that attorneys “recommended” or “included” by regional centers or brokers often have ongoing financial relationships or long-term contracts with the project developers.

Although these attorneys may help you submit immigration documents, they are under no obligation to protect your interests if the contract terms are unfavorable or if your investment capital is delayed or mishandled.

This is the very definition of a conflict of interest—when a lawyer cannot fully represent one party because they are also bound by obligations to the other.

The Independent Attorney – The Only One Not Influenced by Others

An independent attorney is hired and paid directly by you. Their sole legal and ethical duty is to you—they are not influenced by developers, brokers, or any third party.

Such an attorney will not hesitate to advise you not to invest if they see that the agreement does not sufficiently protect your interests. They can help renegotiate key terms, raise red flags, or prepare for legal action if fraud or breach of contract is suspected.

A Key Role Throughout the Entire EB-5 Journey

From the moment you start evaluating a project, an independent attorney can analyze legal and financial risks in key documents such as the Private Placement Memorandum (PPM), Subscription Agreement, and Limited Partnership Agreement.

They assess fund flow, your repayment priority, exit terms, and legal traps that may make it difficult to recover your funds if the project fails. Most importantly, they offer objective and honest guidance—not marketing talk from the seller’s side.

Choose Your Attorney Based on Strategy – Investment, Contracts, or Litigation

Depending on your needs and strategy:

- Choose an investment or securities attorney if you want to evaluate the legality and feasibility of the project.

- Choose a contract attorney if you want to review and negotiate investment terms.

- Choose a commercial litigator if you expect higher risks and want to prepare legal defenses from the start.

Regardless of the specialty, the key is: that attorney must work solely for you.

Important Note

A commercial litigation attorney with experience in investment or contract law can absolutely possess all three qualities mentioned above.

However, not every litigation attorney has these combined skills. This convergence typically applies only to attorneys who:

• Have a diverse background in both transactional and litigation work
• Have handled lawsuits involving financial investments, complex contracts, or EB-5-related disputes
• Possess a strong business mindset and strategic thinking

A Simple but Priceless Reminder

Never enter a million-dollar investment relying only on a 'bundled service' provider. Always choose an independent attorney so that, no matter what happens, you have someone whose only job is to protect you.

In the EB-5 world, there’s no shortage of promises, polished documents, or reassuring phrases like 'we have an attorney involved.' But only an independent attorney—one free from any conflicting interests—can truly protect you when things don’t go as planned.

When making your investment decision, don’t just ask 'Is there an attorney?' Ask instead: 'Whose side is that attorney really on?'