Best Citizenship by Investment Lawyers in Winston-Salem

1. About Citizenship by Investment Law in Winston-Salem, United States

In Winston-Salem, as in the rest of the United States, there is no formal program that grants citizenship directly in exchange for an investment. Citizenship by Investment is not offered at the state or city level. The United States uses immigration pathways that can lead to permanent residence and, after a period of lawful residence, naturalization for citizenship.

The most relevant path for investors is the EB-5 Immigrant Investor Program. This federal program allows eligible investors to obtain conditional permanent residence by investing in a qualifying business project and creating or preserving jobs for U.S. workers. From Winston-Salem, Forsyth County projects or initiatives in North Carolina may qualify if they meet the program’s criteria. All rules and approvals come from federal agencies, not city or state governments.

Key points to understand: you may choose to invest directly in a business or through a designated regional center, the investment thresholds are set by federal law, and the path to eventual citizenship depends on meeting residency and naturalization requirements after obtaining permanent resident status. The program’s parameters and procedures are governed by federal statutes and regulations, not by local Winston-Salem ordinances.

The EB-5 program requires an investment that creates at least 10 full-time jobs for each investor.

Source: USCIS discusses the EB-5 program, including job creation requirements and investment thresholds. USCIS EB-5 information

Recent federal reforms reauthorized the EB-5 program and introduced stronger investor protections and reporting requirements for certain projects.

Source: Congressional and USCIS summaries describe the EB-5 Reform and Integrity Act changes and their impact on regional centers and direct investments. Congress.gov and USCIS EB-5

2. Why You May Need a Lawyer

Review investment structure for compliance with EB-5 requirements. In Winston-Salem, many projects rely on job creation claims that must be credible and verifiable. An attorney can assesses the business plan, source of funds, and job projections to reduce the risk of a USCIS denial or RFE.

Prepare and file I-526 petitions accurately. The I-526 petition is the initial step to obtain an immigrant investor visa. A lawyer can gather and organize documentation, including source of funds, business plans, and job creation models, to withstand scrutiny by USCIS.

Address RFEs or petitions in insufficiency situations promptly. If USCIS questions the viability of the investment or the projected job creation, timely legal guidance is essential to respond with appropriate evidence and adjustments.

Navigate regional center considerations and project due diligence. If you choose a regional center route, an attorney helps verify the center’s compliance history, ongoing reporting obligations, and whether the project aligns with EB-5 requirements.

Plan for conditional residency and removal of conditions. After initial approval, you enter a two-year conditional permanent residence period. An attorney can prepare for the petition to remove conditions by demonstrating that job creation targets were met.

Plan for eventual naturalization and long-term residency in Winston-Salem. A lawyer can map out the naturalization timeline, residence requirements, and documentary needs to pursue U.S. citizenship after meeting the statutory thresholds.

3. Local Laws Overview

Citizenship by Investment is governed by federal law and EB-5 regulations rather than Winston-Salem or North Carolina statutes. The following named laws and regulations provide the framework for investor immigration matters.

• Immigration and Nationality Act (INA) Section 203(b) / 8 U.S.C. 1153(b) - Establishes the category for immigrant investors and the framework for who may be admitted as lawful permanent residents under the employment-based routes. This is federal law and applies nationwide, including Winston-Salem.
• 8 C.F.R. 204.6 - Petitions for Immigrant Investors - Sets out how EB-5 petitions are filed, what evidence is required, and how USCIS evaluates investment projects and job creation. This regulation is published in the Electronic Code of Federal Regulations (ecfr.gov).
• 8 C.F.R. 216.6 / 216.5 - Conditional Permanent Residence and Removal of Conditions - Governs status for EB-5 investors who obtain conditional permanent residence and how the conditions are removed after meeting the investment and job creation criteria. These provisions are part of the federal EB-5 framework.

Recent changes and trends: In 2022, Congress enacted the EB-5 Reform and Integrity Act, which reauthorized the regional center program and introduced new investor protections and reporting requirements. These changes affect how projects in Winston-Salem and North Carolina pursue EB-5 funding and compliance. For primary sources, see USCIS updates on EB-5 and the federal regulatory code.

For direct references to laws and regulations, you can consult:

• USCIS EB-5 program page: uscis.gov/eb-5
• Federal regulatory text: ecfr.gov (search for 8 C.F.R. 204.6 and related EB-5 provisions)
• Immigration and Nationality Act (INA): congress.gov (search for 8 U.S.C. 1153 and related INA provisions)

4. Frequently Asked Questions

What is Citizenship by Investment in the U.S. context?

There is no direct Citizenship by Investment program in the United States. The path involves immigration benefits that may lead to permanent residence and, after meeting naturalization requirements, citizenship. In Winston-Salem, the EB-5 program is the principal route for investors seeking lawful permanent residence.

What is the EB-5 program and who qualifies?

The EB-5 program grants conditional permanent residence to investors who commit to a qualifying investment and create or preserve at least 10 full-time jobs. Eligibility depends on funding sources, the project, and job creation metrics.

Do I need to invest through a regional center or directly in a business?

You may choose a regional center investment or a direct investment. Regional centers simplify job-creation calculations and may offer additional administrative flexibility, but direct investments can offer more control over project decisions.

How much money is required to start an EB-5 investment?

The minimum investment is typically $1,050,000, or $800,000 in a targeted employment area. These thresholds were updated as part of recent EB-5 reforms and may change over time.

How long does the I-526 petition typically take to process?

Processing times vary by project and demand, but I-526 petitions often take from 12 to 36 months. Current wait times depend on USCIS backlog and case specifics.

Do I need to be present in Winston-Salem or North Carolina to qualify?

No. EB-5 investments can be made anywhere in the United States, and you may live outside the U.S. while your petition is processed. Residency requirements for eventual naturalization apply to the entire United States.

What happens after I obtain conditional permanent residence?

You must meet the investment and job-creation requirements during the two-year conditional period. At the end of this period, you apply to remove conditions to become a lawful permanent resident (green card).

Is there a difference between direct investment and regional center investment for job creation?

Yes. Direct investments count jobs created by your own business, while regional centers use indirect job counting and aggregated project activity to meet the requirement. The counting method affects documentation and risk assessment.

What costs are involved besides the investment amount?

Costs include government filing fees, attorney fees, administrative costs, and potential due diligence expenses. In Winston-Salem, local professional fees vary, so obtain a detailed engagement letter from your solicitor.

How long before I can pursue naturalization after obtaining permanent residency?

Most investors apply for naturalization after five years of permanent residency, or three years if married to a U.S. citizen, provided you meet physical presence and other requirements.

Can I change my investment project after filing the I-526?

Changing projects can be complex and may require new filings or amendments. Consult your attorney about whether a change is permissible and how to document it properly.

What should I look for when selecting an immigration attorney in Winston-Salem?

Look for a lawyer with proven EB-5 experience, transparent fee structures, and strong credentials from the state bar. Confirm recent project involvement and ask for client references and success rates.

5. Additional Resources

• U.S. Citizenship and Immigration Services (USCIS) - EB-5 program: https://www.uscis.gov/eb-5 - Official government information about eligibility, processes, and forms.
• Electronic Code of Federal Regulations (ECFR) - 8 C.F.R. 204.6: https://www.ecfr.gov - Official regulatory text for immigrant investor petitions and related rules.
• Congress.gov - Immigration and Nationality Act provisions and EB-5 reform notes: https://www.congress.gov - Official source for federal immigration law and legislative history.

6. Next Steps

1. Clarify your goals and timeline for residency and eventual citizenship while staying in Winston-Salem or North Carolina.
2. Identify an immigration attorney in Winston-Salem or the broader North Carolina area with proven EB-5 experience and a track record with similar projects.
3. Request a written engagement letter outlining scope, fees, and a projected timeline for I-526 filing and subsequent steps.
4. Prepare a document package with sources of funds, business plans, and job creation projections; your lawyer will guide what is acceptable evidence.
5. Assess whether a direct investment or regional center approach best suits your goals and risk tolerance.
6. File the I-526 petition with USCIS and monitor the status through your attorney, responding promptly to any requests for evidence.
7. Plan for the two-year conditional residence period and set milestones for documentation and renewal eligibility.