EB-5 Investor Visa Lawyer in New York
The EB-5 immigrant investor program offers a path to a green card for foreign nationals who invest in a U.S. business and create jobs for American workers. It is one of the few employment-based categories that does not require an employer or a job offer, which makes it appealing to entrepreneurs and investors who want to build their lives in the United States. At the Law Offices of Albert Goodwin, PLLC, we guide investors and their families through the EB-5 process.
We serve clients in New York City, across Nassau, Suffolk, and Westchester counties, and nationwide. The overview below explains how EB-5 works. This is general information, and the program’s amounts and rules can change over time, so investors should confirm the current requirements before acting.
Investment Thresholds
Under the EB-5 Reform and Integrity Act of 2022, the standard minimum investment is generally $1,050,000. A reduced minimum of generally $800,000 applies when the investment is made in a targeted employment area, which includes rural areas and areas of high unemployment, as well as certain infrastructure projects. These figures are subject to periodic adjustment, so the controlling amounts at the time of filing should always be verified.
The Job-Creation Requirement
A central feature of EB-5 is job creation. The investment must create or preserve at least ten full-time jobs for qualifying U.S. workers, generally within about two years. In direct investment cases, these must be direct jobs at the new commercial enterprise. In regional center cases, the count may also include indirect and induced jobs estimated through accepted economic methods. Documenting job creation is one of the most important parts of an EB-5 case.
Direct Investment Versus Regional Centers
Investors can pursue EB-5 in two main ways. In a direct investment, the investor places capital into a new commercial enterprise that the investor typically helps manage, and the business must create the required direct jobs. In a regional center investment, the investor places capital into a project sponsored by a designated regional center, which pools investments into larger developments and allows indirect job creation to count. Regional centers can offer a more passive role, while direct investment gives the investor more control. The right choice depends on the investor’s goals, risk tolerance, and desired involvement.
Source-of-Funds Documentation
EB-5 requires the investor to prove that the invested capital was lawfully obtained. This source-of-funds showing is often the most document-intensive aspect of the case. Acceptable evidence can include records of salary and business income, sale of property or a business, gifts, inheritance, loans, and investment returns, supported by tax records, bank statements, contracts, and other documentation tracing the money from its lawful origin to the investment. We work closely with investors to build a clear and complete paper trail.
The I-526 and I-526E Petition
The process begins with the immigrant petition by a standalone investor. An investor in a direct case files Form I-526, while an investor in a regional center project files Form I-526E. This petition shows that the investor has invested or is actively in the process of investing the required capital, that the funds are lawfully sourced, and that the investment will create the required jobs. Approval of this petition is the foundation of the EB-5 case.
Conditional Permanent Residence
When the petition is approved and a visa number is available, the investor and qualifying family members — a spouse and unmarried children under 21 — obtain conditional permanent residence, which is valid for two years. The conditional period exists so the government can confirm that the investment and job creation requirements are genuinely met before granting permanent status.
Removing Conditions With the I-829
Near the end of the two-year conditional period, the investor files Form I-829 to remove the conditions on residence. This petition must show that the investment was sustained and that the required jobs were created or will be created within a reasonable time. When the I-829 is approved, the investor and family become lawful permanent residents without conditions and may later pursue citizenship if eligible.
Concurrent Filing With Adjustment of Status
Investors who are already in the United States in a lawful status may, when a visa number is available, file the immigrant petition together with an application to adjust status. This concurrent filing can allow the investor to apply for work and travel authorization while the case is pending and to remain in the country during processing. Whether this option is available depends on the visa bulletin and the investor’s current status.
EB-5 is a significant commitment, and success depends on a well-chosen project and thorough documentation. To understand how EB-5 fits within the broader system, see our pages on employment-based immigration, the green card process, and adjustment of status.
Call us at 212-233-1233 or email email@immigrationlawofficeny.com to discuss your EB-5 investor matter with the Law Offices of Albert Goodwin, PLLC.
About the Author
Albert Goodwin Esq. is a licensed New York attorney who guides immigrants and their families through family-based and employment-based petitions, green cards, naturalization, asylum, and removal defense before USCIS and the immigration courts. He can be reached at 212-233-1233 or email@immigrationlawofficeny.com.
