EB-5 Green Card Lawyer NYC

Are you an investor seeking a U.S. green card through the EB-5 Immigrant Investor Program? The Shapiro Lawyers in New York City are your trusted partners for all EB-5 visa and investment immigration matters.

What is the EB-5 Visa?

The EB-5 visa is a U.S. immigrant investor program that grants conditional permanent residency to foreign nationals who invest in new commercial enterprises and create at least ten full-time jobs for U.S. workers. The EB-5 program is one of the fastest and most direct paths to a green card for investors and their families, including spouses and unmarried children under 21.

To qualify, investors must make a minimum investment in a U.S. business and actively participate in its management or policy formation. The program is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors.

EB-5 Investment Amounts and Targeted Employment Areas (TEAs)

As of the latest regulations, the minimum investment amounts are:

$1,800,000 for investments in non-TEA (Targeted Employment Area) projects
$900,000 for investments in TEA projects (rural areas or areas of high unemployment)

TEA designation is now determined by USCIS and the Department of Homeland Security, not by individual states. Investing in a TEA allows you to qualify for the lower investment threshold.

EB-5 Visa Benefits

Permanent Residency: You, your spouse, and unmarried children under 21 receive green cards.
Freedom to Live and Work: Live, work, or retire anywhere in the United States.
Education: Your children pay in-state tuition rates at public schools and universities.
Path to Citizenship: Apply for U.S. citizenship five years after receiving your conditional green card.
Family Sponsorship: As a citizen, you can sponsor parents and siblings for U.S. immigration.
Business Opportunities: Invest in and manage your own business in the U.S.

EB-5 Visa Requirements

Invest the required capital amount ($1,800,000 or $900,000 in a TEA)
Investment must be in a new commercial enterprise
Investment funds must come from a lawful source (income, dividends, gifts, inheritance, or properly structured loans)
Investment must be “at risk” for the purpose of generating a return on the capital
Create at least 10 full-time jobs for U.S. workers (35 hours/week per employee)
Active participation in the management or policy formation of the enterprise (unless investing through a regional center)

Family members and nonimmigrant workers do not count toward the job creation requirement. The two-year job creation period begins six months after USCIS approves Form I-526.

Types of EB-5 Investments

Regional Center Investments

Most EB-5 investors choose to invest through a USCIS-approved regional center. Regional centers pool funds from multiple investors and manage the project, making it easier to meet job creation requirements (including indirect jobs). This option is ideal for investors who prefer a more passive role.

Direct Investments

Direct EB-5 investments require the investor to establish or invest in a new business and directly create 10 full-time jobs. This option is suitable for entrepreneurs who want to actively manage their business in the U.S.

Loan-Based vs. Equity-Based Investments

Loan-Based: Investor acts as a creditor, typically with a fixed interest rate and a clear exit strategy. Lower risk, but returns are usually modest.
Equity-Based: Investor becomes a shareholder or owner in the business. Potential for higher returns, but also higher risk and less predictable exit strategies.

EB-5 Application Process

Hire an EB-5 Attorney: Sign a retainer agreement with Shapiro Lawyers to guide you through every step.
Select an Investment Project: Choose a credible regional center or direct investment. We work with financial advisors to help you evaluate options.
Sign Agreements: Complete partnership or subscription agreements with the project or regional center.
Deposit Investment Funds: Transfer the required funds into an escrow account pending USCIS approval.
Document Source of Funds: Gather evidence that your investment funds are from a legal source. We help you navigate complex documentation requirements.
File Form I-526: Submit your EB-5 petition with all supporting documents. Processing times vary by country of origin.
Consular Interview: If approved, attend a U.S. consulate interview. We prepare you for every question.
Conditional Green Card: Upon approval, you and your family receive two-year conditional permanent resident cards.
Remove Conditions: File Form I-829 within 90 days before your conditional green card expires to obtain permanent residency.
Apply for Citizenship: After five years, you may apply for U.S. citizenship. We assist with this process as well.

EB-5 Application Documents

Form I-526 (Immigrant Petition by Alien Investor)
Proof of investment in a new commercial enterprise
Evidence of lawful source of funds (tax returns, bank statements, business registrations, inheritance documents, etc.)
Business plan and organizational documents
Proof of job creation (tax records, payroll, business plan projections)
Evidence of management or policy role (corporate officer documents, board membership, partnership agreements)
Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)
Form I-829 (Petition by Investor to Remove Conditions)

We ensure your application is complete, accurate, and compelling to maximize your chances of approval.

EB-5 Processing Times and Priority Dates

Processing times for EB-5 visas depend on your country of citizenship. Applicants from countries with high demand, such as mainland China, may face longer wait times. Recent regulations allow you to retain your priority date if you need to refile, reducing delays for subsequent applications.

EB-5 Risks and Compliance

All EB-5 investments must be “at risk” to qualify. Guaranteed returns or zero-risk projects are not permitted and will result in denial. We help you identify lower-risk projects and work with financial advisors to protect your interests while meeting USCIS requirements.

It is critical to prove that your investment funds are from a legal source. We have extensive experience helping clients from countries with complex financial documentation requirements.

Ready to Start Your EB-5 Green Card Journey?
Request Your Free Consultation

Serving clients in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and worldwide.

Related Services:EB-1C Green Card | L-1 Visa

Why Choose The Shapiro Law Firm for Your EB-5 Green Card?

Direct Attorney Access: Work one-on-one with a seasoned NYC EB-5 lawyer from consultation to approval.
Proven Track Record: Decades of success helping investors and families secure U.S. green cards.
Personalized Service: Every case is tailored to your unique investment goals and family needs.
Transparent Communication: Fast responses and clear updates at every stage.
Comprehensive Support: We handle everything from initial strategy to RFE responses and consular processing.

Frequently Asked Questions About EB-5 Green Cards

Here are some of the most frequently asked questions about visa applications.

How long does the EB-5 process take?

Processing times vary by country and project. On average, it takes 12-24 months for I-526 approval, with additional time for consular processing or adjustment of status. Applicants from high-demand countries may experience longer waits.

Can I include my family in my EB-5 petition?

Yes, your spouse and unmarried children under 21 can obtain green cards as your dependents.

What is a regional center?

A regional center is a USCIS-approved organization that sponsors capital investment projects for EB-5 investors. Investing through a regional center allows you to count indirect and induced jobs toward the job creation requirement.

What are common reasons for EB-5 denial?

Common reasons include insufficient evidence of lawful source of funds, failure to create 10 full-time jobs, or investing in non-qualifying projects. Our firm ensures your petition is robust and well-documented.

Is the EB-5 investment guaranteed?

No. The investment must be “at risk” to qualify. Guaranteed returns or principal protection are not allowed under EB-5 regulations.

Do I have to live in the same state as my investment?

No. EB-5 green card holders can live, work, or retire anywhere in the United States, regardless of where the investment is located.

What are my tax obligations as a green card holder?

As a U.S. permanent resident, you must file U.S. tax returns on your worldwide income. We recommend consulting with a tax advisor to understand your obligations and avoid double taxation.

Contact the Top EB-5 Green Card Lawyers in NYC

At the Shapiro Lawyers, we understand the complexities of the EB-5 program and investor immigration. Our team is dedicated to helping investors and their families achieve their U.S. immigration goals. Whether you are investing through a regional center or starting your own business, we provide the expertise and personalized attention you deserve.

Contact us today for a confidential case evaluation and take the first step toward permanent residency in the United States.