Niral Patel
Niral Patel
Niral Patel

Contact Me:

Biography

Niral is of South Asian descent, with U.K citizenship, who lives and works in the U.S. on a permanent resident green card.

Niral, who is also an immigrant, is a Partner with David Hirson & Partners, LLP with experience in many aspects of U.S. corporate and investment immigration law. Niral has extensive experience, handling a variety of immigrant and nonimmigrant visas for individuals, investors, families, and corporations. His experience with non-immigrant visas includes: B-1/2,  F-1, H-1B, J-1, O-1, R-1, and TN visas. He also 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.  

Lastly, he advises his corporate clients about immigration consequence of mergers, acquisitions, corporate restructuring, immigration audits and other related matters on a regular basis. 

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, advising on issues related to redeployment.

Lastly, due to his know how in navigating through failed EB-5 projects, Niral is often referred 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.

As an advocate, Niral also represents nonimmigrants and immigrants in federal court. He has represented an individual with H-1B denial including 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 mandamus actions for pending EB-5 cases at both the I-526 and I-829 stage.

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: 
 • Successfully responded to USCIS’ requests for additional evidence / Notice of Intent to Deny on issues of eligibility for H-1B, L-1A, EB-1C, EB-5 (I-526, I-829, and I-924) classifications.
Assists individual startup and franchise businesses for E-2, L-1A, and EB-1C visas.
Represented up to 15 investors at one time with denied I-829s due to a failed EB-5 Project involving fraud and misrepresentation. 
  o Niral has prepared responses to Notices of Intent to Deny and Denials, including filings of Motions to Reopen/Reconsider to keep investors in valid conditional permanent resident status. 
  o Simultaneously, Niral worked with a litigation firm in Florida to sue the bad actors (regional center, General Partner, and NCE) and ensured that individual immigration matters were not compromised. 
  o Lastly, Niral worked with a court-appointed Receiver to ensure that all steps taken by the Receiver were in the best interest of the investors.
Represented a California-based Regional Center that oversees and sponsors 7 EB-5 projects. 
  o Overseeing an SEC lawsuit against the Regional Center owners.
  o Keeping the Regional Center in compliance with EB-5 regulations in light of the SEC lawsuit.
  o Regularly communicating with a Receiver and SEC attorneys/agents to ensure immigration status of investors across the 7 projects were not harmed
Successfully filed and action in federal district court, challenging the 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 immigration cases, including EB-5. 
  o Obtained permanent green card approvals for a family that had I-829 petitions pending for over 20 years.
  o Obtained I-526 approvals for families that had I-526 petitions pending for as long as 45 months and as short as 24 months.

Education

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

Professional Associations

  • American Immigration Lawyers AssociationAmerican Immigration Lawyers Association (AILA)
  • Los Angeles Bar Association
  • Orange Country Bar Association (OCBA)
  • South Asian Bar Association (SABA)

Current Employment Position

  • Partner

Practice Areas

  • Immigration Law

Classes & Seminars

  • 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

Languages

  • English
  • Gujarati

Published Works

  • 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

Bar Admissions

  • California
  • U.S. District Court Central District of California

References

Past Positions

Ancillary Businesses

Fraternities or Sororities

Certified Legal Specialties

Honors

Representative Cases