1. EB5 Attorney in New York | Initial Investor Assessment and Project Selection
At the outset, the EB-5 attorney conducted a comprehensive assessment of the investor’s immigration goals, financial background, and risk tolerance within the context of U.S. immigrant investor law as applied in New York.
The analysis emphasized selecting a hotel project capable of satisfying both the minimum capital investment threshold and the job creation requirements under federal regulations.
Special attention was given to regional economic data to ensure the project qualified under the applicable targeted employment area framework.
Evaluating Eligibility Under Federal EB-5 Standards
The investor’s eligibility was reviewed under Immigration and Nationality Act (INA) § 203(b)(5) and the corresponding regulations at 8 C.F.R. § 204.6, which govern EB-5 classification and petition requirements.
The EB-5 attorney verified that the investment amount complied with the reduced threshold permitted for projects located in a Targeted Employment Area (TEA) as designated under federal guidelines.
This step ensured that the capital contribution aligned with current statutory requirements while remaining consistent with New York regional development data.
2. EB5 Attorney in New York | Structuring a Hotel Investment in a Targeted Employment Area
The hotel project selected for this case was located in a New York area qualifying as a TEA based on a combination of unemployment statistics and economic modeling.
The EB-5 attorney coordinated with project economists and developers to confirm that the investment was structured as equity and placed fully at risk, as required by EB-5 law.
This structuring phase was critical to avoiding common adjudication issues raised by USCIS in hotel based EB-5 filings.
3. Demonstrating Capital at Risk and Lawful Investment Structure
To satisfy 8 C.F.R. § 204.6(j)(2), the EB-5 attorney documented that the investor’s funds were irrevocably committed to the hotel enterprise and subject to both gain and loss.
The investment structure avoided impermissible redemption rights or guaranteed returns, which could have jeopardized EB-5 eligibility.
By aligning the project’s offering documents with USCIS precedent decisions, the attorney ensured compliance with evolving adjudication standards.
4. EB5 Attorney in New York | Source of Funds Documentation and Legal Analysis
A central component of the case involved tracing the investor’s capital from its original lawful source to its final placement in the New York hotel project.
The EB-5 attorney prepared a comprehensive source of funds report supported by banking records, transaction histories, and legal affidavits.
This documentation was designed to meet USCIS expectations without triggering unnecessary scrutiny or delays.
Tracing Lawful Funds Under USCIS Evidentiary Requirements
Pursuant to 8 C.F.R. § 204.6(j)(3), the EB-5 attorney demonstrated that all invested funds were obtained through lawful means, including documented business income and asset transfers.
Each financial transaction was clearly explained to establish continuity and legitimacy from origin to investment.
This level of transparency significantly reduced the risk of a Request for Evidence during adjudication.
5. EB5 Attorney in New York | Job Creation Analysis and Petition Approval
The final phase of representation focused on proving that the New York hotel project would create the requisite number of qualifying U.S. jobs within the statutory timeframe.
The EB-5 attorney relied on an economic impact analysis consistent with USCIS approved methodologies for construction and hospitality projects.
As a result, the I-526 petition was approved without further inquiry.
Establishing Compliance With EB-5 Job Creation Metrics
Under INA § 203(b)(5)(A)(ii), the petition demonstrated the creation of at least ten full-time positions for U.S. workers through direct and indirect employment.
The economic report detailed construction expenditures, operational staffing projections, and regional economic multipliers specific to New York.
USCIS accepted the job creation evidence as credible and sufficient, confirming full compliance with EB-5 requirements.
31 Dec, 2025
