Best Golden Visa Lawyers in New City
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Find a Lawyer in New City1. About Golden Visa Law in New City, United States
In the United States, what many people call a “Golden Visa” is commonly the EB-5 Immigrant Investor Program. It offers conditional permanent residence to individuals who invest in a new commercial enterprise and create or preserve jobs for U.S. workers. There is no separate city or county level Golden Visa program in New City; eligibility and process are defined by federal law and federal regulations.
For residents of New City and surrounding Rockland County, the EB-5 process often involves investing in a project that is either funded through a regional center or through a direct investment in a new business. The program requires careful documentation of the origin of funds, a credible business plan, and evidence that at least 10 full-time jobs are created per investor in most cases. Because laws and thresholds have evolved recently, it is essential to work with a qualified legal counsel who understands both federal rules and the local economic context in New York State.
Note: The EB-5 program currently sets minimum investment levels at $1,050,000 for non-TEA projects and $800,000 for investments in a Targeted Employment Area (TEA), subject to updates and regional interpretations.
Key sources for the program are federal agencies that administer and regulate EB-5, and one should consult official government resources for the latest requirements. These sources explain the eligibility criteria, the filing requirements, and the post-approval steps for investors and their families.
USCIS and U.S. Department of State provide the primary guidance for the EB-5 immigrant investor program, including I-526 petitions and consular processing.
2. Why You May Need a Lawyer
New City residents pursuing EB-5 should consider legal counsel early in the process to avoid costly mistakes. Below are concrete, real-world scenarios where a Golden Visa attorney can add substantial value.
- Tracing complex funds for a multi-million dollar investment. A client may hold funds across multiple bank accounts and international entities. An attorney can map the funds’ origins, prepare source-of-funds documentation, and anticipate questions from USCIS about funds transferred from overseas accounts.
- Deciding between Regional Center and Direct Investment in a Rockland County project. A lawyer can compare job creation models, timelines, and compliance risks to determine the option that best fits the investor’s timeline and immigration goals.
- Navigating a Request for Evidence (RFE) or a Requests for Additional Documentation (RAD) from USCIS. Local counsel can help assemble business records, tax documents, and corporate disclosures tailored to New City investments to strengthen the petition.
- Managing changes in project scope or funding after filing I-526. If a project alters its budget or job creation plan, a lawyer can assess whether the change requires a new filing or amendment and how to protect the investor’s timeline.
- Planning for family members and derivative eligibility. An attorney can chart the best path for a spouse and dependent children, including timelines for EADs and conditional status removals, while coordinating with U.S. consulates for those outside the U.S.
3. Local Laws Overview
Golden Visa law in New City, United States operates within federal immigration statutes and regulations. At the local level, New City residents rely on state and federal interpretive guidance for TEA designations and investment structures. The following legal concepts and recent reforms shape these decisions.
- 8 U.S.C. § 1153(b)(5) - Immigrant Investor Program. This federal statute created the EB-5 program and sets the framework for investor eligibility and permanent residence for eligible investors and their families.
- 8 CFR Part 204 - Petitions for Immigrant Investors. These regulations govern filing requirements, evidence, and adjudication standards for I-526 petitions, which initiate permanent residency eligibility.
- 8 CFR Part 216 - Conditional Permanent Residents and Removal of Conditions. This part governs the two-year conditional green card issued to EB-5 investors and the process to remove conditions via I-829 at the end of the period.
- EB-5 Reform and Integrity Act of 2022 (Public Law 117-263). This major reform reauthorized the EB-5 program and introduced new oversight, regional center governance, and TEA designation methodology. The act became law in 2022 and shaped subsequent regulatory updates and program operations.
- 2019 EB-5 Final Rule (Investments thresholds). A 2019 rule raised investment levels to $1,800,000 for non-TEA and $900,000 for TEA projects, with adjustments implemented in late 2019. This has been superseded and updated by later reforms but remains a critical historical reference for thresholds.
Practical takeaway: while New City does not regulate Golden Visa programs itself, understanding these federal rules-and how New York State applies TEA designations-helps investors structure compliant petitions and anticipate processing timelines.
4. Frequently Asked Questions
What is the Golden Visa and how does it work in New City?
The term refers to the EB-5 Immigrant Investor Program, which offers conditional residency to qualifying investors who invest in a U.S. business and create jobs. Investors file an I-526 petition and, if approved, seek permanent resident status through the appropriate path, including regional centers or direct investments.
How much money do I need to invest under EB-5 today?
Current thresholds typically are $1,050,000 for non-TEA projects and $800,000 for TEA projects. Exact amounts can vary with rule changes and regional designations, so verify the latest figures with an attorney.
Do I need a local New City law firm or can I hire any attorney?
You should hire an attorney who specializes in immigration and has EB-5 experience. A local firm familiar with New City’s market and NY state procedures can coordinate with project sponsors and regional centers effectively.
What is the difference between Regional Center and Direct EB-5 investments?
Regional Centers pool investor funds into a collective project and typically count job creation indirectly. Direct investments fund a single business and require direct job creation evidence. Each approach has distinct timelines and documentation requirements.
What documents are usually required for the source of funds?
Typical documents include bank statements, tax returns, business ownership records, tax filings in home country, and any legally obtained asset documentation. An attorney helps tailor the package to the project and regulatory expectations.
How long does the I-526 petition process take?
Processing times vary widely and can range from months to several years, depending on demand, region, and case specifics. Your counsel can provide current estimates based on the latest USCIS data.
Do I need to invest in a TEA or can I invest outside TEAs?
You can invest outside a TEA, but the minimum investment is higher. TEA designations reduce the required amount and often depend on unemployment statistics and geographic boundaries.
What happens after I-526 is approved?
You pursue conditional permanent residence either through adjustment of status in the United States or consular processing abroad. Your spouse and children under 21 may also obtain conditional status.
Is there a path to permanent residency for family members?
Yes. Spouses and unmarried children under 21 can obtain derivative status and may eventually seek permanent residency through ongoing EB-5 processing and removal of conditions.
Can USCIS issue a Request for Evidence (RFE) during the I-526 stage?
Yes. If documentation is insufficient or unclear, USCIS may issue an RFE. Responding accurately with solid documentation typically requires tailored legal guidance.
What should I do first if I am considering EB-5?
Start with a consultation with a qualified immigration attorney who specializes in EB-5. They can assess your funds, project options, timelines, and compliance with New York state requirements.
5. Additional Resources
These official sources offer authoritative information about the EB-5 program, its rules, and processing paths.
- U.S. Citizenship and Immigration Services (USCIS) - EB-5 Immigrant Investor Program - Administers the EB-5 program, including I-526 petitions and removal of conditions. https://www.uscis.gov/eb-5
- U.S. Department of State - Immigrant Investor Program (EB-5) - Oversees immigrant visa processing for EB-5 investors and family members. https://travel.state.gov/content/travel/en/us-visas/immigrate/investor-visa-eb5.html
- Empire State Development (NY State) - EB-5 Information - State-level overview and coordination for foreign investment initiatives including EB-5 in New York. https://esd.ny.gov
6. Next Steps
- Schedule an initial consultation with a qualified EB-5 attorney in or near New City. Aim for a first meeting within 1-2 weeks of your decision to pursue EB-5.
- Collect and organize source-of-funds documentation and personal identity documents. Plan a 2-4 week data gathering window with your counsel.
- Evaluate Regional Center versus Direct Investment options with your attorney. Decide within 1-3 weeks after your initial consultation.
- Choose a project and begin documenting the business plan, budget, job creation plan, and investor alignment. Expect 2-6 weeks for project alignment and due diligence.
- Prepare and file the I-526 petition with USCIS, or coordinate with the Regional Center if applicable. Processing timelines vary; plan for several months to years depending on circumstances.
- Monitor the petition and respond promptly to any requests for evidence. Work with your attorney to assemble a targeted, project-specific response if an RFE arises.
- After I-526 approval, initiate the process for conditional permanent residence either inside the United States (adjustment of status) or via consular processing abroad. Coordinate with your attorney and immigration team to align timelines with visa availability.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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