Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In the United States the informal term "Golden Visa" most often refers to the EB-5 Immigrant Investor Program. EB-5 allows foreign nationals and their immediate families to obtain lawful permanent residency by making a qualifying investment that creates or preserves at least ten full-time jobs for U.S. workers. Immigration law in the United States is federal, so the eligibility rules, filing requirements, and adjudication are governed by U.S. Citizenship and Immigration Services and federal statute rather than by city law. That said, where you invest matters for practical and legal reasons. If you are investing in or near White Plains - a regional commercial and suburban hub in Westchester County, New York - local business rules, real estate regulations, employment realities, and state-level designations can affect whether a project qualifies for EB-5 advantages such as a reduced investment threshold.
EB-5 cases involve complex intersections of immigration law, securities law, real estate law, corporate law, and tax law. A qualified attorney helps in multiple common situations:
- Evaluating eligibility: determining whether your planned investment structure and business plan can meet EB-5 requirements, including job creation and sustainment.
- Documenting source of funds: compiling and presenting often-extensive financial records to prove that funds were obtained legally and are traceable.
- Structuring investments: advising whether to invest directly in a local business or through a regional center, and structuring the investment to reduce legal and financial risk.
- Compliance with securities and state laws: EB-5 investments are often treated as securities. You may need counsel to navigate federal and New York securities rules, broker-dealer issues, and offering compliance.
- Real estate and local permitting: if investing in a White Plains project that uses real estate, local zoning, building permits, environmental reviews, and tax issues can be material to project feasibility.
- Managing filings and timelines: preparing I-526, consular processing or adjustment of status, and I-829 petitions to remove conditions requires precise evidence and adherence to deadlines.
- Addressing project problems: legal counsel can help if a project underperforms, fails to create the pledged jobs, or faces allegations of fraud or mismanagement.
Although EB-5 is governed by federal law, these local and state factors are particularly relevant for investors considering projects in White Plains:
- TEA and investment thresholds: Targeted Employment Area - TEA - designations can lower the minimum investment amount. TEA designation methods may be influenced by state or local statistics and how a project developer documents unemployment and geographic boundaries. New York State and local economic conditions affect whether a White Plains project can qualify as a TEA.
- Zoning and land-use rules: White Plains has local zoning, building permit, environmental review, and land-use processes. Real-estate-based EB-5 projects must clear local approvals for construction, redevelopment, or change of use.
- Business registration and licensing: creating or acquiring an operating business in White Plains may require City and Westchester County registrations, local business licenses, sales-tax registration, and compliance with state employment and wage laws.
- Employment law and payroll: job creation calculations must comply with federal and state labor rules. When documenting job creation, you must account for New York State employment practices, payroll tax registration, and wage requirements.
- Securities and investor protections: offers of EB-5 interests can implicate federal securities law and New York securities regulations. Local counsel should confirm proper disclosures and filings to avoid enforcement or rescission risk.
- Local economic incentives and public-private partnerships: White Plains and Westchester County may offer incentives or permitting processes for certain projects. Such incentives can affect project economics and the feasibility of job creation estimates.
The term "Golden Visa" is informal. In the U.S. it commonly means the EB-5 Immigrant Investor Program - a federal program that grants conditional permanent residence to foreign investors who make a qualifying investment that creates or preserves at least ten full-time U.S. jobs.
Minimum required investment amounts have changed over time and may depend on whether a project qualifies as a Targeted Employment Area (TEA). Because thresholds and rules can be updated, you should verify current minimums with an immigration attorney or USCIS before making decisions. An attorney will also advise whether a specific White Plains project can qualify for a TEA reduction.
Regional center projects pool EB-5 capital to fund larger developments and often use indirect job counting methods. Direct investment means you invest directly in a business and must show direct job creation. Regional centers can simplify the petitioner-s burden of proving job creation, but they carry project risk and require careful due diligence. The right choice depends on your risk tolerance, timeline, and the specifics of available White Plains projects.
TEA designation depends on unemployment and geographic criteria and can be affected by how project developers aggregate census tracts or obtain state designation. Some parts of Westchester County may not qualify as TEAs because of higher average income and lower unemployment. Determining whether a White Plains project qualifies requires analysis of the project s location and current TEA guidance.
USCIS requires credible documentation tracing funds to lawful sources. Common evidence includes tax returns, bank records, business sale agreements, corporate distributions, salary statements, loan documents, and legal settlements. Documents should show the path of funds from origin to the EB-5 investment account. A lawyer and accountant can help assemble and present this evidence.
Processing time varies by petition type, whether you file from inside the U.S. or at a consulate abroad, visa-number availability, and USCIS workload. Initial petition adjudication, conditional permanent residence, and the later removal of conditions can span several years. Visa retrogression for certain countries can extend waiting periods. Local project timelines for construction and job creation also affect overall timing.
Yes. The EB-5 program covers the investor s spouse and unmarried children under 21 as derivative beneficiaries. They may obtain conditional permanent residence along with the principal investor and later seek removal of conditions together.
Failure to create or preserve the required number of jobs jeopardizes the chance to remove the conditions on permanent residence. Some investors mitigate this risk by investing in projects with solid feasibility studies, escrow protections, or guarantees, but those protections vary. Legal counsel can help assess the project s job-creation methodology and residual remedies available to investors.
Potentially yes. EB-5 investments often constitute securities or offerings under federal and New York state law. Proper registration, notice filings, or exemptions may be required. Additionally, forming or acquiring an operating business in White Plains will trigger local business registrations, tax filings, and employment-related obligations.
Look for an attorney with substantial EB-5 experience, including successful I-526/I-829 filings and knowledge of securities and business law if you are investing in a project. Check professional credentials, client references, and disciplinary history. Many investors use combined teams including immigration counsel, securities counsel, local business attorneys, and accountants to cover all legal angles.
For reliable information and assistance consider these types of resources - federal agencies, state and local offices, and professional organizations:
- U.S. Citizenship and Immigration Services (USCIS) - federal agency that administers EB-5 petitions and publishes policy and forms.
- U.S. Department of State - for consular processing and visa-number information if you apply through a U.S. consulate.
- New York State government economic development departments - for TEA designation practices and state economic data.
- City of White Plains permitting and building departments - for zoning, land-use, and development approvals.
- Westchester County economic development or business services offices - for local business incentives and registration requirements.
- American Immigration Lawyers Association - membership organization where you can locate experienced immigration attorneys.
- Westchester County Bar Association and local real estate or securities bar sections - for referrals to competent local counsel in corporate, real estate, or securities matters.
- Certified public accountants experienced in international and investor immigration matters - for source-of-funds tracing and tax planning.
If you are considering an EB-5 or Golden Visa path in White Plains, follow these practical next steps:
- Schedule a consultation with an experienced EB-5 immigration attorney who understands regional center and direct-investment options and is familiar with New York and Westchester County issues.
- Assemble preliminary financial documents showing the origin and path of funds so the attorney can advise on documentary gaps or remediation steps.
- Conduct due diligence on any proposed White Plains or regional-center project - request offering documents, business plans, feasibility studies, and independent audits if available.
- Consult additional advisers as needed - securities counsel, a local real estate attorney, and a CPA - to assess regulatory, tax, and project risks.
- Review and confirm the current USCIS investment thresholds, TEA rules, and visa-number availability with your attorney before making any transfers of funds.
- If you decide to proceed, document all agreements carefully, use escrow or other protective mechanisms where appropriate, and follow your attorney s advice for timely petition filing and compliance.
Seeking professional advice early and coordinating a team that covers immigration, securities, real estate, and tax law will give you the best chance of a smooth EB-5 investment and immigration outcome in White Plains.
