For EB-5 Attorneys

How we have helped EB-5 Attorneys:

  • Advising innocent partner’s counsel in EB-5 fraud litigation in California.
  • Guidance to EB-5 Forensic Accountants investigating collapsed EB-5 investment
  • Consulting on complex EB-5 cases.
  • Directing and coordinating work of investor representatives in India, Mexico, China.
  • Reviewing EB-5 fraud claims as to potential liability.
  • Advising on potential EB-5 fund raises.
  • Structuring and preparing source of funds documentation.
  • Providing outside counsel review of I-526 and I-824 filings.
  • Immigration counsel in lawsuits:
    • against developer alleging misuse of funds in New Jersey.
    • against regional center alleging mishandling of funds in New York.

Case Studies – Helping Attorneys

Case Study 1: Litigation Against Job Creating Enterprises (JCEs), Obtain Business Records

Attorney J.S. represents the principals of a New Commercial Enterprise (NCE) in Litigation against Job Creating Enterprises (JCEs), in an effort to Obtain Business Records. We advised Attorney J.S. on the records needed from the JCEs in order for the EB-5 Investors to meet the documentation requirements for investment of capital, and for job creation.  We have consulted with Attorney J.S. on specific discovery requests: Requests for Admission, Interrogatories, Requests for Documents. Advised on JCE discovery responses to discovery as to adequacy to meet EB-5 requirements.

Case Study 2: Consultation - Standard of Care in Preparing and Filing an I-526 Petition

Attorney M.K. provides insurance defense for a professional liability carrier. The carrier had insured an immigration attorney who had filed an I-526 petition for an EB-5 Investor. While the I-526 was still pending the EB-5 Investor accused the EB-5 project promoter of misappropriation of funds and fraud. The immigration attorney was named as a defendant along with the EB-5 project promoter. Attorney M.K. engaged with us for consultation as to the standard of care in preparing and filing an I-526 petition, and whether the I-526 petition met this standard. These consultations led to a favorable settlement of claims against the immigration attorney.