EB-5 Immigrant Investor Visa Strategic Counsel for Global Capital

Immigration Lawyer in New York City

The EB-5 Immigrant Investor Visa is the premier pathway for foreign nationals seeking a direct route to Lawful Permanent Residency in the United States through capital investment. Unlike nonimmigrant options—such as the B-1 Business Visitor, E-2 Treaty Investor, or L-1 Intra-company Transferee—the EB-5 program provides a permanent “Green Card” for the investor, their spouse, and unmarried children under the age of

At The Law Offices of Norka M. Schell, LLC, we provide authoritative representation to navigate the rigorous evidentiary standards mandated by U.S. Citizenship and Immigration Services (USCIS). In an era of heightened scrutiny, successfully securing an EB-5 visa requires a precise understanding of the EB-5 Reform and Integrity Act of 2022 (RIA) and its impact on modern investment structures.

To qualify for an EB-5 visa in 2026, an investor must make a “capital at risk” investment in a new commercial enterprise that benefits the U.S. economy. These thresholds are adjusted periodically for inflation:

• Standard Investment: $1,050,000 for projects located in high-growth or urban areas.
• Targeted Employment Area (TEA): $800,000 for investments in rural areas or regions experiencing high unemployment (at least 150% of the national average).

The 10-Job Mandate

The hallmark of the EB-5 program is the requirement to create or preserve at least 10 full-time jobs for qualifying U.S. workers. This creation must be documented within the two-year period following the investor’s admission to the U.S. as a Conditional Permanent Resident.

The statute requires an investor to engage in a “new commercial enterprise” (NCE), which includes any for-profit activity formed for the ongoing conduct of lawful business. There are several ways to satisfy this requirement:

1. Creation of a New Business: Establishing a company after November 29, 1990.
2. Purchase of an Existing Business: Buying a business and restructuring or reorganizing it in a way that results in a new commercial entity.
3. Expansion of an Existing Business: Investing in an established business that results in a 40% increase in the net worth or number of employees.

The journey from initial investment to a permanent Green Card is a multi-year, multi-phase process. At each stage, the Law Offices of Norka M. Schell, LLC ensures that your documentation meets the “preponderance of the evidence” standard.

Phase 1: Filing the I-526 or I-526E Petition

The first step is the Immigrant Petition by Standalone Investor (I-526) or Regional Center Investor (I-526E). This phase focuses heavily on the Lawful Source of Funds. We work with you to trace the capital through bank records, tax returns, business sale documents, or gift affidavits to ensure it meets federal compliance.

Phase 2: Obtaining Conditional Residency

Once the initial petition is approved, the investor and their family apply for a two-year conditional Green Card through either Consular Processing (if abroad) or Adjustment of Status (if already in the U.S. on a valid nonimmigrant visa).

Phase 3: The I-829 Petition to Remove Conditions

Ninety days prior to the expiration of the conditional residency, the investor must file Form I-829. This is the final authoritative step where we prove to USCIS that the full investment was maintained and the 10 required jobs were successfully created.

The EB-5 program is one of the most technically demanding areas of U.S. immigration law. It requires an attorney who understands both the federal regulations and the practicalities of international finance.

As a dually licensed attorney in New York and Brazil, Norka M. Schell offers a unique “dual-lens” perspective for high-net-worth individuals. We specialize in assisting Brazilian and international investors with the rigorous “tracing” of foreign assets. Our team provides full legal services in English, Portuguese, and Spanish, ensuring that the complexities of your financial history are translated into a compelling legal narrative for USCIS adjudicators.

Protect Your Capital and Your Future

Strategic planning is the difference between a successful immigration journey and a costly denial. Do not leave your investment and your family’s residency to chance.

Discuss your EB-5 investment goals with a dedicated New York City immigration lawyer. Contact The Law Offices of Norka M. Schell, LLC today at 212-258-0713 or reach us online to schedule your confidential consultation.