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There is no federal program in the United States called "citizenship by investment" that grants immediate citizenship in exchange for money. What is commonly referred to as citizenship by investment in the U.S. is the EB-5 immigrant-investor program. The EB-5 program offers a pathway to lawful permanent residence - a green card - for qualifying foreign investors who make a qualifying investment that creates or preserves a required number of full-time jobs for U.S. workers. After meeting permanent residency requirements and other eligibility criteria, a lawful permanent resident may apply for naturalization and U.S. citizenship through the standard naturalization process.
White Plains, New York, is in Westchester County and is subject to federal immigration law administered by U.S. Citizenship and Immigration Services - USCIS - as well as state and local business, tax, and real estate rules that affect the investment and residency side of an investor's plan. Anyone pursuing the EB-5 path in or through White Plains should understand both the federal immigration steps and the New York state and White Plains municipal matters that affect investments, taxes, and residency.
Navigating the EB-5 process and an eventual path to naturalization involves complex federal immigration law, securities regulation, business formation issues, and state and local compliance. Common situations where legal help is important include:
- Structuring the investment to meet EB-5 eligibility requirements and to minimize regulatory risk.
- Preparing and filing EB-5 petitions and related forms, including petitions to remove conditions on permanent residence.
- Handling adjustment of status or consular processing for investors and qualifying family members.
- Addressing issues that threaten admissibility or naturalization eligibility - for example, certain criminal history, prior immigration violations, or misrepresentation concerns.
- Drafting and reviewing investor agreements and conducting legal due diligence on regional centers, project sponsors, and securities compliance.
- Advising on New York state and local matters that affect residency, tax exposure, business licensing, property purchases, and local permits in White Plains.
- Responding to Requests for Evidence, Notices of Intent to Deny, or appeals and motions in immigration proceedings.
Citizenship and immigration status are governed at the federal level, but state and local law in New York and White Plains influences the investment and residency aspects of EB-5 matters. Key local legal issues to consider include:
- Federal immigration law and USCIS policy - EB-5 eligibility rules, qualifying investments, job creation metrics, conditional-resident rules, removal of conditions, and naturalization requirements remain federal matters administered by USCIS.
- EB-5 investment thresholds and program rules - typical EB-5 investment amounts have historically included a standard investment and a targeted employment area - TEA - lower threshold. These amounts and program rules can change, so it is important to confirm current thresholds with an experienced immigration attorney or USCIS guidance.
- Securities and business regulation - investments can fall under federal securities law and New York state securities rules. Investment offerings should comply with securities registration or exemption requirements.
- New York state tax and domicile rules - New York applies strict rules for determining residency and taxable income. The timing and location of residence, business activity, and property ownership in White Plains or across Westchester County can create state and local tax obligations.
- White Plains and Westchester County requirements - business registration, real estate transaction processes, property taxes, building permits, and local licensing can affect project feasibility and investor obligations for local investments.
- Conflicts with other immigration categories - some investors rely on other visas, such as E-2 or H-1B, concurrently or before EB-5. Each status has separate legal requirements and potential interactions that require careful management.
The EB-5 immigrant-investor program allows eligible foreign investors to obtain conditional lawful permanent residence by making a qualifying investment that creates or preserves jobs for U.S. workers. EB-5 provides a path to a green card, not immediate citizenship. After becoming a lawful permanent resident and meeting residency, physical presence, and other naturalization requirements, an individual may apply for U.S. citizenship through the standard naturalization process.
Investment thresholds have historically included a higher standard amount and a lower targeted employment area - TEA - amount. For many years, those amounts were approximately $1.8 million for a standard investment and $900,000 for a TEA investment. These thresholds and the definition of a TEA can change. Always confirm current required amounts with an immigration attorney or official USCIS guidance before committing funds.
No. Investment under EB-5 leads to conditional permanent residency for two years, followed by a petition to remove conditions. After obtaining unconditional lawful permanent resident status, you must generally wait five years (or three years if married to a U.S. citizen and meeting specific requirements) before applying for naturalization. Applicants must also meet continuous residence, physical presence, English and civics requirements, and demonstrate good moral character.
You do not need to live in White Plains to be an EB-5 investor in a White Plains project. The EB-5 job-creation requirement is a federal test tied to the project location, but the investor's physical residence for naturalization purposes is governed by continuous residence and physical presence rules. If you plan to live in White Plains as part of your long-term strategy, consider New York residency and tax implications.
Typical filings include the initial immigrant petition - often an I-526 or I-526E for EB-5 investors - followed by either adjustment of status (Form I-485) if inside the U.S. or consular processing abroad for an immigrant visa. After two years of conditional permanent residence, the investor files Form I-829 to remove conditions. Later, eligible permanent residents file Form N-400 to apply for naturalization. Each filing has documentation requirements and timelines.
Main risks include the financial viability of the project, failure to create the required number of jobs, mismanagement or fraud by project sponsors, securities or regulatory noncompliance, and changes in USCIS interpretation or policy. Do thorough legal and financial due diligence, review audited financials where available, and consult experienced EB-5 counsel and financial advisors.
Receiving lawful permanent residence triggers U.S. tax obligations on worldwide income. New York state and White Plains municipal rules can create additional tax obligations depending on your domicile, the intensity of local ties, property ownership, and business activity. New York applies strict domicile rules and audits. Consult a tax attorney or certified public accountant familiar with state and local rules in New York and Westchester County.
Yes. A principal EB-5 investor can include a spouse and unmarried children under 21 as derivative beneficiaries. They may obtain conditional permanent residence along with the principal investor and must also be included in subsequent filings to remove conditions and in adjustment processing.
Processing times vary widely depending on USCIS backlogs, visa availability based on country of birth, regional center or direct investment route, and whether any Requests for Evidence or other issues arise. The EB-5 path often takes several years from initial petition to removal of conditions, and additional years before eligibility for naturalization. Country-specific visa backlogs can add substantial delay for nationals of countries with higher demand.
Choose an attorney licensed in the U.S. with specific experience in EB-5 and immigration litigation if needed. Look for memberships or recognized experience in immigration law, client references, a clear fee structure, and transparency about conflicts of interest. Verify credentials with state bar associations and consider local knowledge of New York and Westchester County matters that affect investments, real estate, and tax planning.
When seeking authoritative information or local support, consider these types of resources - consult them for up-to-date official guidance and local assistance:
- U.S. Citizenship and Immigration Services - USCIS - for official EB-5 guidance, forms, and processing updates.
- U.S. Department of State - for consular processing and immigrant visa procedures.
- New York State Department of Taxation and Finance - for state tax rules, residency guidance, and filing obligations.
- Westchester County Clerk and White Plains City offices - for local business registration, property records, and municipal requirements.
- Westchester County Bar Association and New York State Bar Association - for referrals to experienced immigration, securities, tax, and real estate attorneys.
- New York State Office for New Americans - for community resources and immigrant support services.
- Securities and Exchange Commission and New York State securities regulators - for information about investment offering compliance and investor protections.
- Independent financial advisors, certified public accountants, and forensic accountants with cross-border experience for investment due diligence and tax planning.
If you are considering an EB-5 investment or need legal assistance related to immigrant investment and a path to U.S. citizenship, follow these practical next steps:
- Gather basic documentation - personal identification, immigration history, source-of-funds documentation, financial records, and any business plans or investment offering materials. Early organization helps your attorney evaluate your options quickly.
- Schedule a consultation with an experienced immigration attorney who handles EB-5 matters and understands New York and Westchester County issues - ask about their experience with EB-5 regional centers, direct investments, I-526 and I-829 filings, and naturalization.
- Ask the attorney about timelines, likely costs - both legal fees and expected investment-related costs - risks, and a realistic assessment of your eligibility and next steps.
- Conduct independent due diligence on any EB-5 project or regional center - request offering materials, audited financial statements, job-creation methodology, and references. Consider hiring a financial or securities attorney to review investment documents.
- Consult a tax professional familiar with New York state and White Plains residency rules to understand immediate and long-term tax consequences of immigration and investment decisions.
- If you proceed, ensure a written retention agreement with your attorney that spells out scope of work, fees, billing, conflicts, and withdrawal or termination terms. Maintain copies of all submitted forms and evidence.
- Remain informed of USCIS and regulatory updates that can affect EB-5 thresholds, TEA designations, and processing rules. Immigration law evolves, and a proactive team approach reduces surprises.
Disclaimer - This guide is for informational purposes only and does not constitute legal advice. Immigration, securities, and tax situations are highly fact-specific. Consult a licensed attorney and qualified tax advisor about your particular circumstances before taking action.
