Niral Patel

+1 951 310 2244

Niral Patel is a Partner at KLD LLP’s New York office. He has experience in many aspects of U.S. corporate and investment immigration law. As a leader of the firm’s Indian and Middle Eastern practice group, Niral regularly travels to India and UAE to meet with investors and migration agents to educate and guide them through the EB-5 process. Specifically, Niral’s EB-5 Investor-side visa work includes advising current and prospective investors on their long-term immigration goals. This includes formulating strategies related to source of funds, aging out children, and how the EB-5 visa works in conjunction with other visas such as the J-1, H-1B, and L-1.

On the corporate side, Niral formulates strategies for regional center creation and operations, advises businesses on EB-5 corporate structuring and financing, and works closely with securities attorneys, economists, and business plan writers to ensure EB-5 compliance. This includes advising on and overseeing the lifecycle of the EB-5 program – preparing I-526 templates, exemplars, foreshadowing/advising on potential issues of material change, preparing I-829 template, and advising on issues related to redeployment.

On the Non-EB-5 side, Niral regularly consults startup and franchise businesses in creating and maintaining businesses for investment into-and maintain compliance for-E-2 and L-1A visa programs. For employment-based immigrant visas, Niral represents both domestic and global corporate clients with respect to preparing and filing the employment-based petitions and adjustment of status applications for their employees in the U.S., as well as individuals with extraordinary abilities and nationally and internationally recognized achievements, including EB-1s and National Interest Waivers.

Due to his knowhow in navigating through failed EB-5 projects, Niral has extensive experience in counseling investors who have become involved in failed EB5 projects and/or projects that have involved fraud or misrepresentation. On the corporate side, Niral has worked closely with SEC agents, civil litigation attorneys, and receivers to consult and advise on impacts of their investigations and findings on immigrant investors. For the investor, Niral advises and consults on how to lawfully maintain immigration status, including filing I-290B Appeals or Motions to Reopen & Reconsider.

Lastly, Niral also has federal litigation experience, representing an individual who received an H-1B denial. This includes successfully obtaining a temporary restraining order and preliminary injunction, which later led to a settlement with the government in favor of the H-1B beneficiary. In addition, Niral has successfully represented investors in federal court in mandamus actions for pending immigration cases, including EB-5 cases.

Representative Experience

  • Represented up to 15 investors at one time with denied I-829s due to a failed EB-5 Project involving fraud and misrepresentation.
  • Represented a California-based Regional Center that oversees and sponsors 7 EB-5 projects against an SEC lawsuit and worked with a receiver and SEC attorneys/agents to ensure ongoing regional center compliance to protect investors.
  • Successfully filed and action in federal district court, challenging an H-1B denial, while successfully obtaining a temporary restraining order and preliminary injunction to help the H-1B employee client continue working even after the case was denied and until the case was reopened and approved by USCIS.
  • Successfully filed several mandamus actions for pending I-485s, AP-EADs, I-526s, and I-829s.

Publications & Speaking Engagements

  • Speaker, “Get an American Green Card by Investment 2022,” BLS Media, January 2022
  • Panelist, “EB-5: Complying with and Implementing Integrity Reforms,” IIUSA, November 2021
  • Speaker, “H-1B to EB-5 Interactive Webinar,” ILW, September 2020
  • Moderator, “Key EB-5 Updates and South Asian Investor Market Updates,” IIUSA, August 2020
  • Speaker, “H-1B to Eb-5 Interactive Webinar,” ILW, August 2020
  • Moderator, “Global Residency & Citizenship Expo 2020,” PHD Chamber of Commerce, New Delhi, July 2020
  • Speaker, “H-1B to EB-5 Interactive Webinar,” ILW, July 2020
  • Speaker, “Covid-19 Immigration Update,” Orange County Bar Association, May 2020
  • Speaker, “EB-5 & Foreign Wealth Management Seminar,” DHP & Baker Tilly, June 2018
  • Panelist, “India Expo,” ILW, New Delhi, Mumbai, Chennai, April 2018
  • Author, “Important Considerations When Choosing a Project for your Investment in the $900k Era”, LCR Whitepapers, March 2020
  • Author, “Direct EB-5 v. Regional Center,” StepGlobal, February 2019

Memberships & Professional Organizations

  • American Immigration Lawyers Association (AILA)
  • New York State Bar Association (NYSBA)
  • South Asian Bar Association (SABA)
  • Los Angeles County Bar Association (LACBA)
  • Orange County Bar Association (OCBA)


  • J.D., University of the Pacific, McGeorge School of Law
  • B.A., University of California, Davis

Admitted to Practice

  • State Bar of California
  • U.S. District Court Central District of California
  • U.S. District Court District of Columbia