Hiring an EB-5 immigration attorney is one of the most consequential decisions a foreign investor will make during the green card process. Legal fees, USCIS filing costs, and consultation formats vary widely. Here’s what to expect when evaluating EB-5 counsel in New York.
Key Takeaways
- EB-5 attorney fees in New York generally range from approximately $20,000–$25,000 for Regional Center I-526E cases and up to $50,000+ for direct EB-5 investments, with case complexity and source-of-funds documentation as the primary cost drivers.
- USCIS filing costs include $3,675 for Form I-526/I-526E plus a $1,000 EB-5 Integrity Fund fee for Regional Center cases, with later-stage I-829 and I-485 fees adding to the total.
- Consultation formats vary—some firms offer brief complimentary screening calls, while others charge for in-depth source-of-funds and strategy reviews.
- Selecting the right firm requires evaluating fee transparency, full-lifecycle representation (I-526/I-526E through I-829), and experience with both direct and Regional Center structures.
- Investors should plan well ahead of the September 30, 2026 grandfathering deadline, given the time required for source-of-funds documentation and project due diligence.
How EB-5 Legal Representation Works
The EB-5 Immigrant Investor Program allows foreign investors and qualifying family members (spouses and unmarried children under 21) to pursue lawful permanent residence—initially conditional for two years—through a qualifying capital investment in a new U.S. commercial enterprise. The minimum investment is $1,050,000, or $800,000 in a Targeted Employment Area (TEA), and the investment must create or preserve at least 10 permanent full-time jobs for qualifying U.S. workers. Chary Law handles EB-5 cases for investors in New York and across the United States.
Investors participate either through a standalone direct investment using Form I-526 or through a USCIS-approved Regional Center using Form I-526E. The Regional Center Program is currently authorized through September 30, 2027, with grandfathering protection available only for petitions filed on or before September 30, 2026.
What EB-5 Attorney Fees Look Like in New York
Regional Center vs. Direct Investment
Regional Center cases typically require less immigration legal work than direct investments because the project’s business plan and job-creation methodology are pre-structured. New York EB-5 attorneys generally charge approximately $20,000–$25,000 for Regional Center I-526E petitions. Direct EB-5 investments can run up to $50,000 or more because the attorney must also evaluate the commercial enterprise’s compliance with EB-5 program requirements—a substantial additional scope.
Beyond investment structure, fee variation reflects source-of-funds complexity, the number of derivative family members, and the firm’s experience level.
Common Fee Structures
Most EB-5 attorneys in New York use a flat-fee arrangement covering the entire I-526 or I-526E petition. Some firms break flat fees into milestones—engagement, petition filing, and I-829 filing. Investors should clarify in advance what is included: source-of-funds analysis, petition preparation, RFE responses, I-485 adjustment of status, and I-829 removal of conditions are not always bundled into a single fee.
USCIS Filing Fees and Government Costs
Following a November 2025 federal court order, certain EB-5 filing fees reverted to pre-April 2024 amounts. As of the current USCIS Form I-526E and I-526 pages:
- Form I-526 or I-526E filing fee: $3,675
- EB-5 Integrity Fund fee (initial I-526E filers, per the EB-5 Reform and Integrity Act of 2022): $1,000
- Form I-829 (Removal of Conditions): reverted to pre-April 2024 amount per the court order; verify the current fee directly on USCIS.gov before filing
- Form I-485 (Adjustment of Status): not affected by the EB-5-specific court order; fee remains at the April 2024 Fee Rule amount, plus any additional fees under applicable legislation
Filing fees are subject to change. Always verify the current G-1055 fee schedule and the USCIS Fee Calculator before filing.
Consultation Options for EB-5 Investors
Complimentary Screening vs. Paid Strategy Sessions
Some New York firms offer a complimentary 15–30-minute initial call to assess basic eligibility and case fit. Others charge a flat consultation fee for an in-depth strategy session that includes a preliminary source-of-funds review and timeline projections. Both formats can be useful—the right choice depends on whether you need a quick screening or a substantive strategic assessment before engagement.
What an Effective EB-5 Consultation Covers
A well-run EB-5 consultation addresses eligibility based on available capital, the source and traceability of investment funds, the appropriate investment pathway (direct vs. Regional Center), total anticipated cost (legal, USCIS, and administrative), and realistic processing timelines. USCIS publishes I-526E and I-526 processing times on the Case Processing Times tool, representing the 80th percentile of cases adjudicated over the prior six months. These numbers move monthly as case volume, staffing, and other factors shift.
USCIS also prioritizes I-526/I-526E petitions based on visa availability, so petitioners from oversubscribed countries may wait longer for their petition to be assigned for adjudication. Current processing-time estimates should be checked directly at egov.uscis.gov/processing-times.
Evaluating an EB-5 Attorney in New York
When selecting EB-5 counsel, investors should assess the attorney’s track record with both I-526 and I-526E petitions, fluency in source-of-funds documentation, ability to manage the full lifecycle from petition through I-829, responsiveness to client communications, and transparency around fees. Investors already in the U.S. on a valid visa should ask specifically about concurrent filing of the I-526E and I-485, which—when permitted by visa-availability rules—can accelerate access to employment authorization and travel documents while the petition is pending.
Frequently Asked Questions About EB-5 Lawyers in New York
How much does an EB-5 immigration lawyer cost in New York?
EB-5 attorney fees in New York generally range from approximately $20,000–$25,000 for Regional Center cases and up to $50,000 or more for direct investments. Total cost varies with case complexity, investment type, source-of-funds documentation, and the number of family members included.
Are consultation fees included in the overall legal fee?
Not always. Some attorneys offer a complimentary initial consultation, typically 15–30 minutes, for basic eligibility screening. Others charge a flat fee for a more detailed assessment that covers eligibility, funding sources, and projected timelines. Confirm what the consultation includes before booking.
What does an EB-5 lawyer consultation typically cover?
A focused EB-5 consultation reviews the investor’s available capital, the source and path of funds, and the most appropriate investment route. The attorney should also outline estimated timelines, total costs, and the differences between direct and Regional Center pathways.
How do I choose the right EB-5 lawyer in New York?
Evaluate track record on both I-526 and I-526E petitions, fee transparency, ability to manage the full process from initial petition through removal of conditions, communication style, and experience with concurrent filing strategies.
Why does timing matter so much for EB-5 investors right now?
The Regional Center Program’s grandfathering provision under the EB-5 Reform and Integrity Act of 2022 expires on September 30, 2026. Investors who file by that date receive statutory protection if the program later lapses. Source-of-funds documentation and project due diligence routinely take several months, so investors who want grandfathering should begin well before the deadline.
If you’re evaluating EB-5 representation in New York and want a candid assessment of your case before engagement, contact Chary Law to schedule an initial consultation.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Immigration laws, USCIS policies, processing times, filing fees, and eligibility criteria are subject to change. Individuals considering any immigration matter should consult a qualified immigration attorney for advice specific to their situation. Prior results do not guarantee similar outcomes.
