EB-5 Visa Lawyer in Queens

At The Sekou Clarke Law Group, we assist foreign investors in securing EB-5 visas to start their journey toward U.S. residency. If you're looking to invest in Queens, New York—a thriving hub for businesses and diverse communities—our experienced immigration attorneys can guide you through the EB-5 visa process with precision and care.

The EB-5 visa program allows foreign investors to obtain U.S. green cards by investing in job-creating enterprises. Queens offers a wealth of opportunities for investment, making it an ideal location for entrepreneurs and business-minded individuals.

At The Sekou Clarke Law Group, we guide investors through the EB-5 visa process to help them secure U.S. residency. Contact us today at (407) 269-8774 for professional legal support.

What Is the EB-5 Visa?

The EB-5 Immigrant Investor Program is a U.S. visa program that grants lawful permanent residency (a green card) to foreign nationals who invest in a qualifying business in the United States.

Key Requirements for the EB-5 Visa:

• A minimum investment of $1.05 million, or $800,000 if the investment is in a Targeted Employment Area (TEA).
• The investment must create or preserve at least 10 full-time jobs for U.S. workers.
• The business must be a for-profit commercial enterprise.
• The investor must actively engage in the business, either in a managerial or policy-forming role.

Why Choose Queens for Your EB-5 Investment?

Queens is one of the most diverse and economically vibrant boroughs in New York City. It offers excellent investment opportunities for foreign entrepreneurs looking to grow their businesses while securing U.S. residency.

Benefits of Investing in Queens:

• Strong Economy: Queens is home to thriving industries, including real estate, technology, healthcare, and hospitality.
• Diverse Population: With people from over 150 nationalities, Queens provides a large and multicultural consumer base.
• Transportation Hub: Easy access to JFK International Airport and LaGuardia Airport, as well as major highways and subway lines.
• Growing Business Environment: Numerous government programs and incentives support business growth and development.

How to Apply for an EB-5 Visa in Queens

The EB-5 application process involves several steps, and working with an experienced EB-5 visa lawyer can help ensure a smooth and successful application.

Steps to Apply:

• Select Your Investment Type: Choose between direct investment (starting your own business) or regional center investment (investing in a government-approved project).
• File Form I-526: This is the Immigrant Petition by Alien Investor, proving your investment meets EB-5 requirements.
• Await USCIS Review: The U.S. Citizenship and Immigration Services (USCIS) will evaluate your petition. Processing times vary.
• Apply for a Green Card: If your I-526 petition is approved, you can apply for a conditional green card through consular processing or adjustment of status if you're already in the U.S.
• File Form I-829: After two years, you must submit Form I-829 to remove conditions from your green card, proving your investment created the required jobs.

Direct Investment vs. Regional Center Investment

The EB-5 program offers two investment pathways, and choosing the right one depends on your business goals and level of involvement.

Direct Investment:

• You must establish or purchase a business in Queens.
• You have full control over operations and job creation.
• Best for entrepreneurs who want to actively manage their business.

Regional Center Investment:

• You invest in a USCIS-approved regional center project.
• Job creation requirements are met indirectly.
• A good option for passive investors who prefer less hands-on management.

Common Challenges in the EB-5 Visa Process

While the EB-5 visa provides a great opportunity for foreign investors, there are challenges applicants may face.

Potential Obstacles:

• Source of Funds Scrutiny: You must provide clear documentation showing the legal source of your investment funds.
• Lengthy Processing Times: EB-5 petitions can take months or years to be approved.
• Job Creation Requirements: Failing to meet the 10-job minimum can lead to a visa denial.
• Changing Policies: Immigration laws and EB-5 regulations are subject to change, requiring constant updates.

Our Queens EB-5 visa attorneys at The Sekou Clarke Law Group are here to help you navigate these challenges and maximize your chances of success.

FAQs About the EB-5 Visa in Queens

How long does it take to get an EB-5 visa?

• The EB-5 process takes 4-6 years from start to permanent residency. The I-526 petition takes 1-3 years, and after approval, you apply for a conditional green card. After two years, you file Form I-829 to remove conditions.

Can my family come with me on an EB-5 visa?

• Yes! Your spouse and unmarried children under 21 can receive green cards as dependents. They can live, study, and work in the U.S.

Do I need to live in Queens if I invest there?

• No, you can live anywhere in the U.S. However, your investment must be based in Queens. If you choose direct investment, being nearby may be beneficial.

Can I work for another company while holding an EB-5 visa?

• Yes. EB-5 investors are free to work anywhere, start another business, or invest in other ventures while maintaining their EB-5 business involvement.

What happens if my EB-5 business fails?

• If your business fails before meeting job creation requirements, your green card may be at risk. However, reinvesting or working with a regional center may help maintain eligibility.

What is a Targeted Employment Area (TEA)?

• A TEA is an area with high unemployment or a rural designation. Investing in a TEA lowers the minimum investment to $800,000 instead of $1.05 million.

Can I use a loan for my EB-5 investment?

• Yes, but the loan must be secured by your personal assets and legally sourced. The business itself cannot be used as collateral.

Looking for the best investment opportunity in Queens? Our experienced immigration lawyers are here to help. Contact us now at (407) 269-8774 to get started!