Best Golden Visa Lawyers in New York

About Golden Visa Law in New York, United States

The term "Golden Visa" generally refers to investor visa programs that grant residency or citizenship to individuals who make substantial investments in a country. In the United States, there is no official "Golden Visa" by name, but the EB-5 Immigrant Investor Program functions similarly by allowing foreign nationals to obtain lawful permanent residence (a green card) through qualifying investments and job creation. New York, as one of the nation’s economic hubs, is a popular destination for EB-5 investments, with many projects and regional centers located within the state. Understanding how the process works in the local context is crucial for anyone considering this route to US residency.

Why You May Need a Lawyer

The EB-5 process and related investor visas are complex, with strict requirements for investment amounts, source of funds, project selection, and compliance with both federal immigration law and local regulations. Common situations when legal help is crucial include interpreting eligibility requirements, gathering and presenting financial documentation, selecting approved investment projects or regional centers, ensuring compliance with changing laws, and responding to requests for evidence or legal notices. Lawyers can also help with overcoming potential issues such as denials, delays, or complications related to family members.

Local Laws Overview

While immigration law is federal, local factors in New York can influence the EB-5 Golden Visa process. Key aspects include:

• Regional Centers: New York hosts many federally designated EB-5 regional centers. Awareness of their track record and reputability is important for applicants.
• State Business Regulations: Investment projects in New York must comply with state and city regulations, which can vary by borough or industry, especially for real estate or hospitality ventures.
• Tax Considerations: New York’s tax laws may impact your investment and personal tax obligations as a new resident or business owner.
• Legal Protections and Risks: State laws provide consumer protection but also bring legal requirements for investing in securities or real estate.

Consultation with a legal advisor ensures compliance with both federal and state regulations throughout your Golden Visa journey.

Frequently Asked Questions

What is the EB-5 program and how is it related to the Golden Visa concept?

The EB-5 program is the United States’ version of a Golden Visa, offering green cards to foreign investors who invest in US businesses and create or preserve at least 10 full-time jobs for Americans.

What are the minimum investment requirements?

As of 2024, the typical minimum investment is 1.05 million dollars, reduced to 800,000 dollars if invested in a Targeted Employment Area or rural project.

Am I guaranteed a green card if I make an investment?

No, the approval depends on meeting strict requirements, including job creation, lawful source of funds, and proper investment through approved channels.

Can my family members also obtain green cards?

Yes, your spouse and unmarried children under 21 can be included in your EB-5 application and, if approved, will also receive green cards.

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

No, you can choose where to live in the United States regardless of the investment location.

What is a Targeted Employment Area (TEA)?

A TEA is a rural area or a region with high unemployment, qualifying for the lower investment threshold.

How long does the EB-5 process take?

The timeline can vary but is typically between 2 to 5 years, depending on project type, country of origin, and government processing times.

What is an EB-5 Regional Center?

A regional center is an organization designated by USCIS to sponsor EB-5 investment projects, often making it easier to meet job creation requirements.

Can I invest in my own business for EB-5 purposes?

Yes, you can invest in your own business, but you must still meet job creation and other program rules.

Do I need to speak English to qualify for EB-5?

No language requirement exists for the EB-5 program itself, though English will be helpful for daily life and business in the United States.

Additional Resources

Several organizations and agencies support individuals considering Golden Visa and EB-5 applications in New York:

• USCIS (United States Citizenship and Immigration Services) - for up-to-date EB-5 program rules and approved regional centers
• New York State Department of State - for business formation and compliance information
• American Immigration Lawyers Association (AILA) - to find qualified local attorneys
• Better Business Bureau New York - for checking project promotors and regional center reputations
• New York City Economic Development Corporation - for investing in local projects and understanding the economic climate

Next Steps

If you are considering a Golden Visa through the EB-5 program in New York, your first move should be to consult with an experienced immigration attorney. Collect documents proving the lawful source of your investment funds and determine your preferred investment industry or project type. Research regional centers or businesses in New York with a solid track record and familiarize yourself with both state and federal regulations regarding investment. A legal professional can assess your eligibility, minimize risks, help with document preparation, and ensure that each requirement is met accurately and efficiently. Taking action early with proper legal support is the best way to protect your investment and maximize your chances for a successful application.