Comment: Top EB5 Practices


EB5 cases (I-526 petitions) are highly concentrated in a handful of practices in the country. Approximately 20 law firms account for about 70% of I-526 petitions, though this number of firms is headed gradually higher. Even among these 20 firms, there is further stratification. Immigration Daily estimates that perhaps only 5 practices in the USA file in excess of 200 I-526 petitions per year, these 5 account for almost half the I-526 petitions in the USA. A further 15 (approximately) file between 20 and 200 I-526 petitions per year (3 of these 15 firms are larger than the other 12). Regardless of the current state of affairs, EB5 practice is in a state of unusual flux, with the following being key drivers of change:


  • Major immigration law firms are getting into EB5, including many well-known law firms for Hs, Ls, and PERMs, which have historically shied away from EB5s

  • Expected regulatory action will make life difficult for several practices long established in the EB5 area, winnowing the current "top list" of some of its members

  • Recently, many new RCs have obtained approval, and several more are soon expected. These new RCs are often associated with immigration law firms new to the EB5 space


The situation for I-829s does not merit discussion at this time, since the volumes involved are too small to count at the moment. As to I-924 filings, the matter is quite different, since these are even more concentrated among even fewer firms. EB5 is a boutique sub-industry within the immigration law field, and if the EB5 space can overcome its current regulatory problems of non-compliance, significant growth is in the forecast.

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Focus: The EB-5 Book - 2nd Edition

ILW.com is pleased to announce the 2nd Edition of The EB-5 Book. The editors are Matt Gordon and Joseph Whalen. Articles by Laura Danielson, Robert Gaffney,Jennifer Hermansky, David Hirson, Jose E. LaTour, Daniel B. Lundy, Brandon Meyer, Elizabeth Peng, John Roth, and Paul Ruby. Pre-Publication orders are now being accepted. The outline is as follows:



  • I. Articles on EB-5





    • Introduction By: Matt Gordon

    • Practical Approaches to Lawful Source of Funds Issues By Robert P. Gaffney

    • I-526 Petitions Practice Pointers by Paul Ruby

    • How to Successfully Represent Chinese Investors in EB-5 Cases By Elizabeth Peng

    • I-829 Practice Pointer: Removing Your Investor's Conditions By: Jennifer Hermansky

    • EB-5 Issues: The Investors by Joseph Whalen

    • The EB-5 Attorney as Financial Adviser: A Practical Guide By John Roth

    • Advising Investors (pre-I-526 and post-I-526 approval) By Laura Danielson

    • EB-5 Issues: The Investment By Joseph Whalen

    • Structuring and Market Planning for EB-5 Regional Centers and Their Projects By José E. Latour

    • Building Your I-924 Submission Package by Brandon Meyer

    • EB-5 Issues: Regional Centers By Joseph Whalen

    • Tax Counseling for EB-5 Investor Clients Before and After Immigrating to the US: The Tax Implications of Immigration to High Income and High Net Worth Individuals By David Hirson

    • "The Future of the EB-5 Immigrant Investor Program from the Perspective of an Immigration Lawyer, or Past Performance is Not Indicative of Future Results." By Daniel B. Lundy

    • EB-5 Issues: Other Issues By Joseph Whalen



  • II. Resource Material



    • Section 1: Regulations

    • Section 2: Case

    • Section 3:Forms

    • Section 4:Memoranda

    • Section 5:Misc.

    • Section 6:Securities Resource Materials



  • III. CD-Rom Resource Materials


    • Statutes

    • Regulations

    • Federal Court Cases

    • BIA Cases

    • Forms

    • Memorandoa

    • Weblinks

    • Securities Resource Materials

    • Articles from ILW.COM

    • Miscellaneous




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