EB-5 Lawyers in New York

The EB-5 Senior Partner Commitment in New York

Davies & Associates operates two Manhattan offices serving EB-5 investors: our principal New York office at 1 World Trade Center, Suite 8500, and our private-client and family-office practice on the Upper East Side at 200 East 69th Street. Every EB-5 case is structured and supervised by a Senior Partner. Your Senior Partner manages a bespoke team specialising in source-of-funds forensic accounting, regional center project due diligence, and cross-border tax exposure.

Our Global Managing Partner, Mark Davies, is personally available to New York clients. Mark has been recognised as a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine for six consecutive years.

Who This Page Is For

This page is designed for two distinct groups served by our New York offices:

Foreign nationals considering EB-5 from outside the United States

Investors abroad — in India, the United Kingdom, Italy, Singapore, the UAE, Vietnam, and elsewhere — who want their EB-5 case handled by US-based counsel in Manhattan. Our 1 World Trade Center office is the firm’s USCIS notice processing centre. Cases proceed through the National Visa Center and consular interview abroad.

US-based applicants already living or working in New York

Investors already in the US in another nonimmigrant status (E-2, L-1, F-1, H-1B, O-1, or others) who plan to file Form I-485 for adjustment of status. Adjustment-of-status interviews for Manhattan, the Bronx, Brooklyn, Queens, and Staten Island residents are held at the USCIS New York City Field Office at 26 Federal Plaza. Long Island clients interview at the Holtsville Field Office; Westchester clients typically interview in Manhattan.

New York-based families and family offices

Our Upper East Side office serves multi-generational families and family offices coordinating EB-5 for adult children, parents, or extended family members alongside related planning (Italian elective residence, Grenada citizenship by investment, trust and estate work, and cross-border tax).

• Are considering investing $800,000 (TEA) or $1,050,000 (standard) in the United States under EB-5
• Want to obtain a US green card by making a qualifying investment in a US business or USCIS-approved Regional Center project
• Need guidance on structuring funds from US-based or foreign assets — property, brokerage accounts, salary, business proceeds, K-1 distributions, gifts, inheritance, or trust distributions
• Want to understand how the September 2026 grandfathering deadline affects their plans
• Are looking to work with EB-5 lawyers in New York who maintain a Manhattan office presence

How Our New York EB-5 Lawyers Support Clients

An EB-5 case is rarely just an immigration filing. It involves source-of-funds documentation, project due diligence, business and tax structuring, and (for US-based clients) adjustment-of-status work. Our New York team coordinates each of these elements.

From a New York perspective, the process typically includes:

• Initial assessment of eligibility, investment strategy, and the right path (Regional Center vs. Direct EB-5)
• Forensic source-of-funds analysis under US immigration rules
• Documentation that meets USCIS standards for I-526E petitions
• Project review including I-956F approval status under the 2026 USCIS Inventory Management Model
• Coordination with our US-based immigration attorneys and our specialist EB-5 filing team in Los Angeles
• For US-based clients: concurrent or post-approval Form I-485 adjustment-of-status filings, biometrics, and interview preparation for the USCIS New York Field Office
• For foreign clients: National Visa Center coordination and DS-260 immigrant visa processing
• Ongoing project monitoring and I-829 petition (removal of conditions) approximately two years after conditional residence is granted

Our One Client, Four Lawyer Policy in New York

In New York our firm staffs EB-5 cases with four lawyers:

• A New York-based EB-5 lawyer who is your principal point of contact;
• A second EB-5 lawyer who provides independent review;
• A US business or corporate lawyer with experience in the client’s industry (relevant for Direct EB-5 cases and for E-2/L-1 to EB-5 transitions);
• A supervising Senior Partner with overall responsibility for the case.
• In cross-border cases, our US international tax lawyer often joins as a fifth team member.

Our lawyers form a case team around each client, combining continuity of service with practical support for the client’s long-term residency and business success in the United States.

Quality Control: Every Case Reviewed by our Specialist Complex EB-5 Team

Davies & Associates has a team of senior EB-5 lawyers who focus on refused EB-5 applications and complex EB-5 visa cases. As a final step in our process, each case is reviewed by our complex cases and refusals team.

Our complex EB-5 team is frequently instructed on refused and high-complexity matters.

We are regularly instructed by clients and other law firms to take over EB-5 cases that have not succeeded elsewhere.

Common reasons EB-5 visas are refused or receive an RFE include:

• Insufficient or poorly documented source of funds
• Gaps in the chain of custody between fund origin and the EB-5 investment account
• Concerns about lawful source of funds
• Investment in a regional center project whose I-956F is still pending or has been denied
• Job creation methodology that does not stand up to scrutiny
• Inconsistencies between the I-526E and supporting documentation
• Direct EB-5 cases with weak business plans or unrealistic job creation projections

Our Complex EB-5 Cases team focuses on:

• Reframing the source-of-funds narrative
• Strengthening the legal and factual evidence
• Improving the quality and consistency of the documentation
• Working with our Wharton Business Plan Review Team to re-structure direct EB-5 plans
• Anticipating and addressing USCIS concerns before re-filing or responding to an RFE

If your case has received an RFE or you are concerned that your application may be borderline, our New York team can advise on the best path forward.

What New York EB-5 Clients Say About Our Lawyers

Read additional client reviews on Trustpilot. The selection below is drawn from EB-5 and investor-visa clients of the firm.

★★★★★

The entire EB-5 process was handled in a professional and methodical way by Mark Davies and his team. Mark personally took our first meetings, which gave us great comfort. Both Mark and Sanjay were available throughout the process.

Parent of two EB-5 visa holders EB-5 Client — Davies & Associates

★★★★★

Davies & Associates immigration attorneys provided exceptional legal assistance on our investor visa case. Their attention to detail, responsiveness, and dedication to clients set them apart from other firms we considered in New York.

Investor visa client New York — Davies & Associates

★★★★★

The firm took on a complex source-of-funds review that other lawyers had told us was too difficult. Their preparation was meticulous and the I-526E was approved without an RFE.

Direct EB-5 client Manhattan — Davies & Associates

Read more client reviews on Trustpilot. The choice of a lawyer is an important decision and should not be based solely on advertisements or client testimonials.

Our EB-5 Process for New York Clients (Regional Center)

Source of Funds for New York EB-5 Applicants

Source of funds is the single most common reason for an RFE or denial in an EB-5 case. For investors with US-based assets, the documentary record is different from a foreign investor’s case. Our New York EB-5 lawyers build the audit trail in a form USCIS can follow without extensive supplementary requests.

Common US-Domestic Sources of Funds

For US-based applicants, our team frequently documents:

• Federal and New York State income tax returns — Forms 1040, NY IT-201, supporting schedules, and amended returns where relevant
• W-2 wage income from US employers
• K-1 partnership and S-corp distributions — often the primary source for owners of New York-based businesses, law firms, hedge funds, and family offices
• Brokerage and 1099 statements — capital gains from sales of public securities, restricted stock vesting, and private equity distributions
• NYC condominium and co-op sales — closing statements, ALTA settlement statements, HUD-1 / Closing Disclosure forms, and tax basis records. Co-op sales require additional documentation because shares are not real property
• Business sales and exits — asset purchase agreements, escrow releases, and bank statements tracing proceeds to the EB-5 account
• Trust distributions — trust deeds, schedules of beneficiaries, and distribution resolutions for funds held in family or generation-skipping trusts
• Inheritance — probate records, letters testamentary, and federal estate tax returns (Form 706) where applicable
• Gifts — gift letters, Form 709 federal gift tax returns, and source-of-funds documentation for the donor

Common Foreign Sources of Funds for Clients Filing through New York

Many of our New York EB-5 clients are foreign nationals whose investment capital originates outside the United States. Common foreign source-of-funds work coordinated through our Manhattan office includes:

• Foreign property sales — including UK property (HMRC SA302, Land Registry records), Indian property (sale deed, capital gains tax filings), and other jurisdictions
• Foreign business dividends and salary with audited company accounts and local tax records
• Foreign trust and inheritance distributions
• Funds transferred to the United States via FBAR-reportable foreign accounts

Our New York team coordinates closely with our London, Mumbai, Milan, Singapore, and Dubai offices to ensure foreign documentation is gathered, translated where needed, and presented to USCIS in a form a US adjudicator can readily follow.

NYC Real Estate as a Source of Funds — Practical Notes

New York City real estate transactions involve documentation rarely seen in other markets. Our team is familiar with the specific evidence USCIS expects to see in these cases, including:

• Co-op share certificates and proprietary leases — co-op sales are personal property transactions, not real property, and require different evidentiary treatment
• NYC and NY State transfer tax filings — Forms RP-5217 and TP-584
• Mortgage payoff letters evidencing release of liens at closing
• 1031 exchange documentation where investment property has been deferred and reinvested

Consular Processing vs. Adjustment of Status for New York EB-5 Investors

After I-526E approval, an EB-5 investor takes one of two paths depending on whether they are inside or outside the United States. Each has different timelines, costs, and risks. Our New York EB-5 lawyers advise on which path is right for your circumstances at the outset of the case.

Adjustment of Status at the New York Field Office

EB-5 adjustment-of-status interviews for Manhattan, the Bronx, Brooklyn, Queens, and Staten Island residents take place at the USCIS New York City Field Office at 26 Federal Plaza in Lower Manhattan, a short walk from our 1 World Trade Center office. Long Island residents typically interview at the Holtsville Field Office. Westchester County residents normally interview at the Manhattan office.

We accompany clients to interviews, prepare a full interview preparation session at our office in advance, and conduct a post-interview debrief to address any administrative processing concerns.

E-2 / L-1 to EB-5 Transition in New York

Many of our New York EB-5 clients are existing E-2 Treaty Investor or L-1 Intracompany Transferee visa holders who have built operating US businesses and now want permanent residence. Our Manhattan team handles these transitions regularly — see our dedicated guides on E-2 to EB-5 and the L-1 to green card pathways including EB-5.

Why E-2 / L-1 holders transition to EB-5

• E-2 limitations. The E-2 visa is non-immigrant. It does not lead to a green card and requires the holder to maintain non-immigrant intent. For investors whose US business has succeeded and who want to stay long-term, EB-5 converts that non-immigrant status into permanent residence.
• L-1 expiry. L-1A and L-1B visas have maximum periods of stay (seven years for L-1A, five years for L-1B). EB-5 provides a path to permanent residence before the L-1 expires.
• Spouse and family. The E-2 spouse must maintain E-2 status to retain US work authorisation; EB-5 confers independent permanent resident status on the spouse.
• Children aging out. Both E-2 and L-1 dependent status terminate when a child turns 21. EB-5 protects children under the Child Status Protection Act if the I-526E is filed in time.

Direct EB-5 leveraging an existing E-2 or L-1 business

Where an E-2 or L-1 visa holder’s New York business already employs 10 or more qualifying full-time US workers and the cumulative investment is at or above $800,000, the existing business can often form the basis of a Direct EB-5 petition. Our New York team has handled E-2 to EB-5 transitions in industries including automotive parts (Aston Martin supplier expanding from London into North Carolina manufacturing), interior design (Chelsea London to Chelsea New York), and recruitment (Truro UK to Bryn Mawr Pennsylvania). Each case turns on whether the investment, jobs, and active management can be documented to EB-5 standards.

Direct EB-5 Case Study: Manhattan Restaurant with Specialty Indian Cuisine

Background

The client approached our New York EB-5 team having spent several years in the hospitality industry overseas. The client had previously attempted a restaurant venture in New Jersey that had not succeeded commercially — that operation closed and the company was wound down. However, a significant portion of the kitchen equipment from the closed New Jersey restaurant remained in the client’s personal ownership, having been acquired with personal funds rather than financed by the failed entity’s creditors.

The client’s new venture was a specialty Indian restaurant in Manhattan, anchored around a head chef recruited directly from India under a separate EB-3 specialty cook petition. The Manhattan location qualified as a Targeted Employment Area, allowing the lower $800,000 minimum investment threshold to apply.

The Direct EB-5 Strategy

The Direct EB-5 route was the right structure for this case for three reasons:

• Client wanted to actively manage the business. Regional Center EB-5 requires passive investment. The client’s background and intent was to run a Manhattan restaurant as owner-operator.
• The job creation could be documented directly. A specialty restaurant of this size would generate the required 10 full-time W-2 jobs through direct employment — no economic input-output modelling required.
• Existing physical assets were available to contribute. The kitchen equipment from the prior New Jersey venture had real fair market value that could be transferred to the new Manhattan entity as part of the qualifying investment.

Investment Structure

The investment was carefully structured and presented to demonstrate that each component was committed to the New Commercial Enterprise and placed at risk:

The Critical Question: Documenting the Kitchen Equipment

USCIS scrutinises in-kind asset contributions to Direct EB-5 cases more carefully than cash. For the kitchen equipment to count toward the $800,000 minimum, we had to address three concerns that the adjudicator was likely to raise:

• Fair market value, not aspirational value. We commissioned an independent third-party appraisal of the kitchen equipment by a licensed restaurant-equipment appraiser. The appraisal valued the equipment at $258,400 on a fair market value basis. The case was filed at the conservative $250,000 figure.
• Lawful ownership by the investor personally. We documented that the equipment had been acquired with the investor’s personal funds (not the failed entity’s borrowed funds) and that, on dissolution of the New Jersey entity, the equipment was lawfully distributed to the investor personally. We obtained a release from the dissolved entity’s former creditors confirming no security interest remained over the equipment.
• Clear chain of custody to the new Manhattan entity. The equipment was formally transferred to the new Manhattan New Commercial Enterprise under a written asset transfer agreement, at the appraised value, with a corresponding entry on the new entity’s books. Transfer was evidenced by bills of lading, delivery records, and photographs of the equipment installed in the Manhattan kitchen.

This level of documentation is what distinguishes a defensible in-kind contribution from one that draws an RFE or denial on the basis that the assets were not properly owned, properly valued, or properly transferred.

Job Creation

The 10-job requirement was satisfied with a buffer. By the end of the first year of operation, the Manhattan restaurant employed 14 full-time qualifying workers:

The 4-position buffer above the 10-job minimum protected the I-829 removal of conditions stage against normal hospitality-sector turnover. All positions were documented with offer letters, I-9 verification, W-2s, NY State quarterly wage reports (NYS-45), and federal payroll tax filings (Form 941).

Our Role — New York EB-5 Team

Our Manhattan EB-5 team led the case from initial structuring through to I-526E approval. Specific work included:

• Advising the client at the outset that the closed New Jersey entity needed to be properly wound up with all creditor claims discharged before any equipment could be contributed to the new venture
• Coordinating the independent equipment appraisal and reviewing the appraiser’s methodology before filing
• Drafting the asset transfer agreement between the dissolved New Jersey entity and the new Manhattan New Commercial Enterprise
• Working with our Wharton-trained business plan team to prepare the EB-5-compliant business plan, with realistic revenue projections benchmarked to comparable Manhattan specialty restaurants
• Documenting the lawful source of the client’s cash investment from India, including FEMA-compliant fund transfer through the Liberalised Remittance Scheme
• Preparing the I-526E petition with the full evidentiary package on the in-kind contribution
• Coordinating the EB-3 specialty cook petition for the head chef as a parallel matter

Outcome

The I-526E petition was approved by USCIS without an RFE. The client filed concurrent I-485 adjustment of status (the client and dependants had entered the US on visitor visas while the EB-5 case was pending and had switched into lawful nonimmigrant status by the time of filing). Adjustment was approved following an interview at the USCIS New York Field Office at 26 Federal Plaza. The client and family received conditional green cards. The Manhattan restaurant continues to trade profitably and is on track for I-829 removal of conditions at the two-year mark.

Why This Case Matters

This case illustrates two points central to Direct EB-5 in New York:

• A prior failed venture is not automatically disqualifying. What matters is whether the prior assets are personally and lawfully owned by the investor, properly valued, and cleanly transferred. A failed business can leave behind assets that legitimately contribute to a subsequent successful EB-5 case.
• In-kind contributions need real evidence, not assertions. Independent appraisal, creditor release, and a documented chain of custody are the difference between a credible $250,000 investment line and an RFE.

Why Investors Choose New York for EB-5

New York is one of the most significant US markets for EB-5 investors, immigration counsel, regional center activity, financial services, and cross-border tax planning. For investors who plan to live or do business on the East Coast, working with Manhattan-based EB-5 counsel offers practical advantages:

• Proximity to the USCIS New York Field Office at 26 Federal Plaza — the adjudication point for most NYC adjustment-of-status interviews
• Access to regional center projects across the tri-state area — New York, New Jersey, and Connecticut host a high concentration of USCIS-approved regional centers
• Concentration of financial, legal, and tax professional services — relevant for source-of-funds documentation, cross-border tax structuring, and post-residency wealth planning
• International schools and universities — a frequent motivator for family EB-5 cases
• Direct flights to most EB-5 source countries from JFK, Newark, and LaGuardia

EB-5 Legal Fees and Scope of Work in New York

EB-5 legal fees are quoted after an initial review of the investor’s source of funds, family structure, immigration history, and whether the case is Regional Center, Direct EB-5, or an E-2 / L-1 to EB-5 transition. We do not publish a single fixed EB-5 fee because cases vary widely in complexity. The fee structure typically separates:

• Immigration legal fee — source of funds work, project review, I-526E petition preparation, I-485 adjustment of status or DS-260 consular processing, and I-829 removal of conditions
• Government filing fees — USCIS filing fees for I-526E, I-485, and I-829 (set by USCIS and revised periodically)
• Direct EB-5 business plan and economist work — only applicable in Direct EB-5 cases. Our Wharton-trained business plan team prepares the plan
• Corporate and tax work — entity formation, EIN, banking, and US tax structuring where required

For details on EB-5 legal costs and government fees, see our guide to EB-5 visa costs.

Related EB-5 and Investor Visa Resources

The following Davies & Associates pages cover topics that often come up in New York EB-5 matters:

• EB-5 Visa Guide for 2026 — comprehensive program overview
• EB-5 Lawyer — firm-wide EB-5 practice page
• EB-5 Project Due Diligence Guide — how we review I-956F status, capital stack, job creation, and project risk
• Form I-526E Guide — the immigrant petition for regional center investors
• Form I-485 Guide — adjustment of status for US-based EB-5 applicants
• Form I-829 Guide — removal of conditions on the EB-5 green card
• EB-5 Visa Costs — immigration legal fees and USCIS filing fees
• How to Choose an EB-5 Lawyer — due diligence guide
• E-2 Treaty Investor Visa — for clients considering E-2 first, EB-5 later
• L-1 Intracompany Transferee Visa — for clients on L-1 status considering EB-5
• L-1 Visa to Green Card — including L-1 to EB-5 pathways
• Mark Davies — Global Managing Partner
• Our New York Office

Choosing the Right EB-5 Lawyer in New York

Not every immigration lawyer in New York has direct EB-5 experience. The market includes general immigration practitioners, criminal-defence firms that occasionally take EB-5 work, and a smaller group of dedicated EB-5 specialists.

What to look for

• Direct, sustained EB-5 experience — not occasional EB-5 cases handled within a broader practice
• Familiarity with both consular processing and adjustment of status
• Clear communication and a structured process
• Transparency on timelines, fees, and the difference between the immigration legal fee and ancillary business / tax / project diligence costs
• Independent industry recognition (e.g. EB5 Investors Magazine Top 25 listings, AILA membership)
• Familiarity with the September 30, 2026 grandfathering deadline and the March 30, 2026 USCIS Inventory Management Model
• A senior partner who is personally available, not just a senior name on the letterhead

FAQs About EB-5 Lawyers in New York