What are the risks to consider when preparing your I-526E petition?

While seeking an EB-5 visa an investor needs to consider several factors when putting together their I-526E petition. Among them are:

1. Attempting to handle the “source of funds report” alone can lead to investors prematurely transferring funds to the project, potentially jeopardizing its legality and approval. Collaborating with an experienced immigration law firm ensures proper guidance and verification of lawful fund transfers.
2. Making the transfer of funds before receiving case approval from your immigration attorney can create unnecessary anxiety and potential legal issues. Instead, investors should seek confirmation of case approvability from their law firm before any fund transfers occur.
3. Investors with overseas backgrounds must ensure their current application’s immigration history aligns perfectly with any past visa submissions like DS-160s. Inconsistent information can create hurdles.

To navigate these risks effectively, consulting with an experienced immigration law firm throughout the entire EB-5 process is highly recommended. Remember, consistency, collaboration, and seeking expert guidance are crucial to minimizing potential obstacles and navigating the EB-5 journey smoothly.

Video Transcript
So what are some common risk factors that come up with with EB five filings? Generally speaking, you work with an experienced law firm, you’ll be able to control most of this. One of them is for investors. If you are overseas, it’s important to understand that to have a full immigration history. It’s important to know what you’ve previously submitted in the past through your DS-160s or other visa applications. Make sure that information is consistent. Some other ones that we see are when investors come to us and believe that they can handle the the source of funds report or to source to capital themselves. The biggest headache we have is when they transfer the money to the project first without actually consulting with our firm to verify that this would be approvable or considered lawful. It’s best to work with a firm that will work with you throughout this whole process. Typically, what we advise is we will work on your source of funds with you, figure out where which asset to use, figure out which exhibits we need. As we go through that process typically what investors request is that before they actually fund to the project, they want us to send them confirmation that we believe that their case is approvable before we actually file the case. We think that’s probably one of the better things you can do to control some of those risks, so please consult with your law firm.

Presented by:
Phuong Le, Founding Partner, KLD