Guide from Immigration Attorney in New York City : Foreign Investment

The EB-5 visa requires a minimum investment of $1,050,000 in most cases, or $787,500 in targeted employment areas, and must create at least ten full-time jobs for U.S. Workers. The L-1 visa applies to managers and executives of foreign companies establishing U.S. Subsidiaries, requiring a one-year employment history with the foreign entity. The E-2 treaty investor visa allows citizens of treaty countries to invest in and manage U.S. Businesses, with investment amounts varying by business type and location. An immigration attorney in New York City can assess which visa category best aligns with your investment goals and financial capacity.

Foreign investors must prepare comprehensive documentation including business plans, financial statements, proof of funds sources, and organizational structures. U.S. Immigration authorities conduct thorough background checks and verify that investment capital comes from lawful sources. An immigration attorney in New York City ensures all documentation meets federal requirements and accurately reflects your business objectives, reducing the risk of application delays or denials.

Foreign investors can establish businesses through various corporate structures, including C corporations, limited liability companies, and partnerships, each with different immigration and tax implications. The choice of business structure affects visa eligibility, personal liability protection, and tax treatment of profits and dividends. An immigration attorney in New York City coordinates with business formation specialists and tax advisors to create a structure that maximizes both immigration benefits and business efficiency. For comprehensive guidance on foreign investment strategies, an experienced attorney can evaluate your specific circumstances.

Visa holders must maintain compliance with the specific conditions of their visa category throughout their stay in the United States. Failure to meet requirements such as job creation targets for EB-5 investors or active business management for E-2 visa holders can result in visa revocation or deportation proceedings. An immigration attorney in New York City monitors compliance obligations and advises on any changes to your business operations that might affect your immigration status.

The U.S. Citizenship and Immigration Services New York Field Office typically processes EB-5 petitions and employment visa applications within six to twelve months, though complex cases involving foreign direct investment verification may take longer. The office requires in-person interviews for many visa categories and may request additional documentation regarding the source and lawfulness of investment funds. An immigration attorney in New York City maintains relationships with USCIS officers and understands the office's specific document requirements and interview procedures. For investors considering foreign direct investment structures, local knowledge of field office standards is invaluable.

If an immigration petition is denied, applicants may appeal to the Administrative Appeals Office or file a new petition through the New York field office. In rare cases involving visa revocation or deportation, matters proceed to the New York Immigration Court, located in lower Manhattan, which hears removal proceedings and asylum cases. The immigration court operates under federal jurisdiction and applies immigration law uniformly, but local judges may have specific preferences regarding documentation and case presentation. An immigration attorney in New York City can represent you in administrative appeals and immigration court proceedings, advocating for your right to remain in the United States.

EB-5 investors must demonstrate that their investment will create at least ten full-time jobs for U.S. Workers within two years of visa approval. Jobs must be permanent, full-time positions offering wages and benefits consistent with industry standards in New York City. An immigration attorney in New York City reviews your business plan to ensure job projections are realistic and supported by market analysis and financial projections. Failure to meet job creation targets can result in visa termination and potential deportation, making accurate planning essential.

Foreign investors must maintain active involvement in their business, continue making required investments, and comply with all visa conditions specified in their approval notice. EB-5 investors must provide annual reports to U.S. Citizenship and Immigration Services documenting job creation and investment expenditures. E-2 visa holders must demonstrate that they continue to manage and control their business and that the enterprise remains viable. An immigration attorney in New York City ensures you understand these requirements and helps prepare necessary documentation to maintain your status throughout your investment period.

Many foreign investors eventually seek to convert temporary visa status to permanent resident status through green card applications. EB-5 investors may apply for adjustment of status after their conditional green card period concludes if job creation requirements have been met. E-2 and L-1 visa holders may be eligible for employment-based green cards through different immigrant visa categories if they meet additional requirements. An immigration attorney in New York City develops a comprehensive immigration strategy that considers both immediate visa needs and long-term permanent residence goals.