Comment: EB5 attorneys swamped with SOF

Immigration attorneys are swamped with investors attempting to complete their Source of Funds in time for November 19th overnighting to USCIS (for November 20th receipt, the final day of the current EB5 regs). The situation is dire – below are three reports, all from the last few days, about the situation at immigration law firms (all three law firms have between 50 to 100 I-526 cases under preparation).
  • An immigration partner at a mid-sized corporate law firm says that the case volume is “insane” and that all the cases cannot possibly get filed in time
  • A mid-sized immigration boutique with 3 attorneys devoted to EB5 says they are virtually living in the office, and that document quality for SoF is “poor”
  • A partner supervising the immigration practice at a huge law firm requested a client to carry flowers to the partner’s home while working on the client’s documents, to ameliorate absence from the family

And its still only late October! We suspect the situation will get much worse as the weeks progress toward November 19. We are afraid there will be injuries/illnesses due to stress/overwork (a quarter of ILW’s team is also ill, partly due to overwork). We encourage all EB5 teams to watch each other’s health at the EB5 practice, and to be frank with desperate clients that possibility for denial is very high.

This is the EB5 industry’s first (and likely last) non-China EB5 surge, and it appears that the industry will be unable to cope. Unless projects already have all wires in by October 31st,, it is quite possible that the much-anticipated wires will NOT be in on time due to SoF issues.

For attorneys with short or excess capacity for doing SoF, please let ILW know. We will put you in touch with each other (no charge, courtesy connection only). Email us at:

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Focus: PERM Illuminated - Hot Off the Presses
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Help Wanted: Senior Immigration Paralegal

Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C. has an immediate opening for a senior immigration paralegal. This position will be located in Chattanooga, TN, Houston, TX or Birmingham, AL. Applicants with pertinent experience will be considered from any city to work remotely. Candidates must have either a Bachelor's Degree and/or a paralegal certificate from an ABA approved paralegal program and at least 3-5 years of employment-based immigration experience to include preparation of labor certification applications, and a variety of business immigration filings with both consular posts and USCIS (e.g., E, L, TN, Adjustment of Status, Immigrant Visa). Major responsibilities will involve substantial writing and research for EB-1 petitions, specialty occupation H-1Bs, and drafting waiver applications and responses to requests for evidence for attorney review. Additional responsibilities include: assisting attorney with determining case strategy; managing large volume of clients and tracking status of filings and documentation needed; gathering relevant documentation from clients; reviewing extensive case documentation received; assisting attorney with legal research; assembling and organizing filings with the government; drafting legal correspondence to the government and clients for attorney review; preparing appropriate forms for government agencies, maintaining fully paperless file copies. Candidates should possess strong organizational, interpersonal, and communication (oral and written) skills, including the willingness and ability to work directly with foreign nationals to gather information and documentation. All applicants should have an aptitude for detail; the ability to work efficiently, and to work under pressure with or without direct supervision. Each candidate must be able to handle multiple projects at the same time and have excellent facility with computer systems and the ability to learn and efficiently use new systems. Candidates must be flexible, have regular attendance and be willing to work overtime if necessary. Must provide minimum authorization to work in the United States. Resumes accepted only for job posted. Please apply at:

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