This content is for educational purposes only and does not constitute legal or investment advice. For your specific situation, consult a licensed immigration attorney and FINRA-registered financial advisor.
Ask about experience with cases like yours
Start with the attorney's EB-5 experience. How often does the lawyer handle I-526E petitions? Have they worked with source-of-funds situations like yours? If the investment funds involve a business sale, gifts, loans, several accounts, or transfers across borders, ask how the firm reviews and documents that kind of history.
You do not need a promise of approval. You need a clear explanation of the issues, the evidence the attorney will need, and any potential gaps the lawyer sees. Ask who will prepare the filing, who will review it, and who will be your main contact.
Find out whether the firm handles later stages of the process, including responses to requests for evidence and I-829 petitions. If you later need litigation, ask whether the firm handles that work or refers it to another attorney. A delayed-petition lawsuit is a separate question, covered in the mandamus article. Knowing these boundaries early helps you understand what support you are hiring.
USCIS permits individuals to file without a representative. If you choose to hire one, USCIS recognizes attorneys and certain accredited representatives as eligible to represent clients before the agency. You can verify an attorney's license through the relevant state bar. USCIS: Legal Services
Get the scope and fee in writing
Ask what the fee covers. Does the engagement include preparation and filing of Form I-526E only, or does it also cover adjustment of status or consular processing? Are responses to requests for evidence included? What about the later I-829 petition, document translations, expert review, or litigation?
Ask how the firm handles work that falls outside the initial agreement. If USCIS requests more evidence, will the firm quote a separate fee? If you need a second filing or a legal motion, how will costs be estimated? Request the scope of work and payment terms in writing.
The site's I-526E filing cost guide covers broader filing costs. Attorney fees, government fees, and project charges are separate, so ask the firm to explain each category.
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Clarify what advice the lawyer provides
An immigration attorney can assess immigration eligibility and prepare a petition. That does not automatically mean the attorney is evaluating a project's financial merits. Ask directly which parts of the decision the lawyer will advise on and where independent financial advice may be needed.
For example, an immigration review may consider the project's job-creation plan and petition documents. A financial review may examine the capital stack, collateral, budget, business plan, and repayment assumptions. These are different questions. A project that appears to fit immigration requirements is not necessarily a sound investment, and a strong financial presentation does not guarantee an immigration benefit.
Also ask whether the attorney represents you independently or has a relationship with a regional center or project sponsor. If the lawyer has a relationship with another party, ask who the firm represents and how that affects the advice you receive.
Ask how the firm works with clients
Find out how the firm collects documents, tracks deadlines, and provides updates. Who will tell you if something is missing? How often will you hear from the team? If you cannot obtain a record, how will the firm address that problem?
Ask for a realistic preparation timeline based on the complexity of your case and the documents you can provide. If the lawyer says more review is needed before offering an opinion, ask what needs to be reviewed. A careful attorney may need to examine the facts before giving a firm recommendation.
Pay attention to how the consultation feels. Does the lawyer listen and ask questions before reaching conclusions? Do they explain risks plainly, or do they make the process sound automatic? Be cautious about anyone promising approval or a specific government decision date.
Compare the answers, not just the price
When you compare attorneys, consider the scope of work, relevant experience, communication, and how clearly each person explains risk. A lower quote may not include the same services as a higher one. Ask what documents you will need to provide and what the attorney expects to do with them.
A useful consultation should leave you with a clearer understanding of the process, the work involved, and the unanswered questions. For project-level questions, see the EB-5 pre-investment checklist. This article is general information, not legal advice. Verify an attorney's credentials and discuss your circumstances before hiring them.
