EB-5 investors commit a large sum years before a green card is final. The lawyer's job is to protect your interests in that process, which includes questioning the project, the regional center and the source of your funds with equal care.
The questions below work for any firm, including ours. Ask them before you sign a subscription agreement.
Questions to Ask Any Firm
How many EB-5 cases have you handled, and in which roles?
Representing investors is different from representing regional centers or developers. Ask which side the firm usually sits on.
Do you receive any compensation from regional centers or projects?
Referral fees, retainers or marketing arrangements with a project can create a conflict. Ask for the answer in writing.
Who will actually work on my file?
Ask whether the attorney you meet will prepare the I-526E and later the I-829, or whether the file moves to staff.
How is the fee structured across the whole case?
EB-5 runs through several filings. Ask what is included at each stage and what is billed separately.
How do you build the source of funds record?
Source of funds is where many EB-5 petitions are challenged. The firm should trace every dollar, including gifts and loans, before you wire.
Will you review the project documents independently?
Ask whether the firm reads the offering documents, job creation methodology and escrow terms on your behalf.
Can you take my case to federal court if needed?
Delays and denials sometimes call for a mandamus action or a challenge to the agency's decision.
Which languages can you work in, and can you handle my case wherever I live?
Your financial records are likely in another language and you may be abroad for most of the process.
How Samper Law Answers These Questions
- Cases handled
- Samper Law has extensive experience in EB-5 investor matters. What sets the firm apart is its active collaboration with Kloss Martino, a separate business advisory firm, from the first consultation through the final result, so the business, financial and legal sides of a case are built together. Kloss Martino is not a law firm; its engagements and fees are independent of Samper Law's, and clients remain free to choose any adviser.
- Who works the file
- Lidice Samper, Esq. leads the legal strategy on investor matters. Kloss Martino works alongside her on the financial record.
- Fee structure
- EB-5 matters are handled on a flat fee set in writing before work begins, payable as a deposit and scheduled installments. Government fees and third party costs are billed separately.
- Source of funds
- Each investment is traced from its lawful origin, through every account, gift or loan, to the EB-5 escrow, and the records list is set before funds move.
- Federal litigation
- The firm handles federal court matters, including mandamus actions for unreasonable delay and challenges to agency decisions. Court admissions: Lidice Samper, Esq.: U.S. Court of Appeals for the First (1st) Circuit; U.S. Court of Appeals for the Tenth (10th) Circuit; U.S. Federal Immigration Court. Maeve Healy, Esq.: U.S. Federal District of Massachusetts; U.S. Federal District Court of New Hampshire. Daniel Lopez, Esq.: U.S. Federal District Court of New Mexico.
- Languages
- Consultations and client communication are available in English, Spanish, Portuguese, Hindi, Nepali, Urdu and Punjabi. Documents in those languages are reviewed in the original before translation.
- National reach
- Immigration law is federal, so Samper Law represents clients in every state and abroad, with consular matters handled at U.S. embassies and consulates worldwide. The firm is based in Massachusetts.
Frequently Asked Questions
Should my EB-5 lawyer be independent of the regional center?
Yes. Your lawyer should represent only you and disclose in writing any compensation received from a regional center or project.
What should I ask an EB-5 lawyer before investing?
Ask about independence from projects, who will work on your file, the fee at each stage, how they document source of funds and whether they review the offering documents on your behalf.
Does an EB-5 lawyer review the project?
An investor's lawyer should read the offering documents, job creation methodology and escrow terms. Financial and business due diligence may also involve other advisers.
Can an EB-5 lawyer help with long processing delays?
Yes. Where a delay becomes unreasonable, a lawyer admitted in federal court can evaluate a mandamus action.
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