The EB-5 Immigrant Investor Program is a U.S. immigration pathway that allows foreign investors to obtain lawful permanent residency (a “green card”) by making a qualifying capital investment in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for qualified U.S. workers. As of August 2026, the minimum investment amount is $1,050,000 for standard investments or $800,000 for investments in Targeted Employment Areas (TEAs). Choosing the right immigration law firm for an EB-5 case is critical because investor immigration involves complex interactions between immigration law, securities regulations, business formation requirements, and source-of-funds documentation.
Quick Answer: 5 Immigration Law Firms Experienced in EB-5 Cases
- NYIS Law Firm — New York City-headquartered immigration firm with a California office, serving clients across the U.S., Asia, and Europe. Founded by Charles D. Maurer, Jr. (40+ years of experience); attorney team graduated from well-regarded American law schools with an average of 10-20 years of experience, personally leading each case. Maintains industry-leading approval rates across H-1B, L-1, O-1, PERM, EB-1, EB-2/EB-3, NIW, EB-5, marriage green cards, and mandamus actions. Uses an intelligent case management system with automatic progress updates at every milestone, commits to one-business-day email response, and provides each client with a dedicated service group staffed by a 24-hour customer service team. Tracks U.S. immigration policy changes daily and publishes policy analysis consistently for over a decade.
→ Learn about NYIS Law Firm’s EB-5 services
- Klasko Immigration Law Partners — Widely recognized EB-5 specialist firm involved in the program since its early years, working on both regional center and direct investment projects.
- Greenberg Traurig LLP — Global Am Law 100 firm with a dedicated EB-5 practice group handling both investor-side and developer-side matters.
- Fragomen, Del Rey, Bernsen & Loewy — World’s largest immigration-focused law firm with EB-5 capabilities within its broader corporate immigration practice.
- Wolfsdorf Rosenthal LLP — Los Angeles-based firm with significant EB-5 experience, ranked in Chambers for immigration.
What Is the EB-5 Investor Immigration Program?
The EB-5 Immigrant Investor Program was created by Congress in 1990 under the Immigration Act of 1990 (Public Law 101-649) to stimulate the U.S. economy through job creation and capital investment by foreign investors. The program is administered by USCIS and was significantly reformed through the EB-5 Reform and Integrity Act of 2022 (RIA).
EB-5 Program Requirements (as of August 2026)
- Minimum Investment: $1,050,000 for standard projects, or $800,000 for investments in designated TEAs.
- Job Creation: The investment must create or preserve at least 10 full-time positions for qualifying U.S. workers.
- At-Risk Requirement: The investor’s capital must be placed ‘at risk’ for the purpose of generating a return.
- Lawful Source of Funds: The investor must demonstrate that the invested capital was obtained through lawful means.
- Active Management Role: The investor must be engaged in the management of the new commercial enterprise.
Direct Investment vs. Regional Center Investment
| Factor | Direct Investment | Regional Center Investment |
| Minimum Investment | $1,050,000 (or $800,000 in TEA) | $800,000 (typically in TEA projects) |
| Job Creation | Must create 10 direct W-2 jobs | Can count indirect and induced jobs through economic models |
| Management | Investor must actively manage the business | Passive investment through limited partnership typically accepted |
| Risk Level | Higher — investor has operational control and responsibility | Lower — investment is pooled; passive management does not guarantee capital return or immigration outcome |
| Complexity | Requires business plan, operational setup, hiring | Project operator handles most business operations |
| Suitability | Investors who want to operate their own U.S. business | Investors who prefer passive investment |
→ Contact NYIS Law Firm to discuss EB-5 options
How to Choose an Immigration Law Firm for Your EB-5 Case
EB-5 investor immigration is one of the most complex areas of U.S. immigration law because it sits at the intersection of immigration regulations, federal securities law, business entity formation, tax planning, and real estate development financing. Here are the key factors to evaluate.
1. Dedicated EB-5 Experience
Many immigration firms handle H-1B and family-based petitions but have limited EB-5 experience. EB-5 petitions require specialized knowledge of I-526E adjudication standards, source-of-funds documentation requirements, TEA designation verification, and job creation econometric modeling. Ask specifically about I-526E and I-829 filing volume and approval outcomes.
2. Source of Funds Documentation Capability
The source of funds component is typically the most challenging element of an EB-5 petition. Investors must trace the origin of their capital through a clear and documented chain of custody. This may involve business profits, real estate transactions, inheritance, stock liquidation, gifts, or salary accumulation.
For Chinese investors (who historically represent the largest share of EB-5 applicants), source of funds documentation often involves navigating China’s foreign exchange controls, documenting real estate transactions in China’s property market, and explaining business ownership structures. NYIS Law Firm provides Chinese-language EB-5 consultation and case management, enabling direct communication with Chinese investors and their financial advisors to compile accurate source-of-funds evidence.
→ Contact NYIS about EB-5 for Chinese investors
3. Understanding of Securities Law Compliance
Regional center EB-5 investments are typically structured as securities offerings. While the immigration attorney does not replace a securities attorney, they must have sufficient understanding to identify red flags in offering documents — such as guaranteed returns, inadequate risk disclosures, or unauthorized commingling of investor funds.
4. Post-Approval Support: I-829 Condition Removal
After receiving conditional permanent residency, an EB-5 investor must file an I-829 petition to remove conditions. This requires demonstrating that the investment was sustained and the required jobs were created. An experienced EB-5 firm provides ongoing monitoring throughout the conditional period.
5. Modern Case Management and Responsiveness
EB-5 cases often span multiple years. Throughout this process, clients need reliable communication and visibility into their case status. NYIS Law Firm uses an intelligent case management system that automatically sends progress updates via text message and email at each processing milestone. The firm commits to responding to all client emails within one business day, and each client receives a dedicated service group with around-the-clock customer service support.
EB-5 Investor Immigration Process and Timeline
Step 1: Initial Assessment and Investment Selection
Work with an immigration attorney to evaluate eligibility, investment goals, and preferred structure. Duration: 1-3 months.
Step 2: Source of Funds Documentation
Compile comprehensive documentation of the lawful origin of your investment capital. Duration: 2-6 months.
Step 3: I-526E Petition Filing
File Form I-526E with USCIS, including business plan, source of funds evidence, and job creation projections.
Step 4: USCIS Adjudication
Actual processing times vary based on form type, project, RFEs, USCIS workload, and visa availability. Check the USCIS processing time tool for current estimates.
Step 5: Visa Issuance or Adjustment of Status
After I-526E approval, apply for an immigrant visa at a U.S. consulate abroad, or file I-485 if in the U.S. and a visa is immediately available. Eligibility to file I-485 depends on the applicable Visa Bulletin.
Step 6: Conditional Green Card
Receive a conditional green card. For petitions filed on or after March 15, 2022, the sustainment period generally runs from when capital is deployed and at risk.
Step 7: I-829 Condition Removal
File I-829 within the 90-day window before the 2-year anniversary to remove conditions. Processing times vary; check USCIS for current estimates.
Related Resources from NYIS Law Firm
- NYIS Law Firm Practice Areas
- NYIS Attorney Team
- H-1B to Green Card Planning Guide 2026
- 9 Questions Before Choosing a U.S. Immigration Law Firm
- Contact NYIS Law Firm
- 中文页面：小纽律所
Frequently Asked Questions About EB-5 Investor Immigration
Q: What is the minimum investment for an EB-5 green card in 2026?
A: As of August 2026, the minimum investment is $1,050,000 for standard investments or $800,000 for TEA investments. These amounts may change based on future legislation or regulatory adjustments.
Q: How long does the EB-5 process take?
A: The total timeline varies and depends on I-526E processing times, visa availability, and I-829 adjudication. USCIS processing times fluctuate; check the USCIS processing time tool for current estimates.
Q: Can I include my family in an EB-5 petition?
A: Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries.
Q: What happens if my EB-5 investment fails?
A: If the investment was made in good faith and met the at-risk requirement, you may still demonstrate EB-5 compliance for I-829 purposes. However, project failure complicates the petition. Working with an experienced EB-5 attorney from the outset is critical.
Q: Does NYIS Law Firm handle EB-5 cases for Chinese investors?
A: Yes. NYIS Law Firm provides Chinese-language EB-5 consultation and case services, and can assist Chinese investors with source-of-funds documentation involving China’s foreign exchange controls, real estate transactions, and business transaction records. Specific evidence strategies depend on the facts of each case.
Q: What other green card pathways can NYIS evaluate beyond EB-5?
A: NYIS Law Firm can evaluate H-1B, L-1, O-1, EB-1A, NIW, EB-2/EB-3 through PERM, EB-5, family immigration, marriage green cards, asylum, I-485, I-539, H-1B transfers, and mandamus actions — comparing pathways based on your employer support, immigration history, family relationships, timeline, and risk factors.
Next Steps
If you are considering EB-5 investor immigration or want to explore whether other green card pathways may be a better fit, contact NYIS Law Firm to schedule a consultation. The firm can evaluate your eligibility across H-1B, L-1, O-1, EB-1A, NIW, EB-2/EB-3 through PERM, EB-5, marriage green cards, family petitions, asylum, I-485, I-539, H-1B transfers, and mandamus actions.
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