San Francisco EB-5 Visa Attorneys

The EB-5 visa program is a fast track to permanent residence in the U.S. for foreign investors. At the Law Offices of Shamieh, Shamieh & Ternieden, our San Francisco EB-5 visa lawyers have extensive experience helping investors from around the world obtain the EB-5 visa. We understand the complex requirements of the program and can guide you every step of the way. Our team can help you prepare your application and supporting documentation, ensuring that everything is in order and that you are well-prepared for your interview. We can also help you with the essential step of choosing the right project or regional center to invest in. Our attorneys can provide the knowledgeable and personalized representation you need throughout the entire application process.

To schedule a consultation with our EB-5 visa attorneys in San Francisco, call (415) 300-2144 or contact us online.

What Is the EB-5 Visa Application Process?

There are two ways to obtain the EB-5 visa: through a direct investment or through a regional center.

The direct investment process includes the following steps:

• Choose a business to invest in
• Invest the required capital in the business
• Create or preserve at least 10 full-time jobs for U.S. workers
• Submit an I-526 petition
• Attend an interview at a U.S. embassy or consulate
• Receive your conditional green card
• After 2 years, submit an I-829 petition to remove the conditions on your green card

The investment process through a regional center is similar but includes the following additional steps:

• Choose a regional center to invest in
• Invest the required capital in the regional center
• Submit an I-526 petition
• Receive your conditional green card
• After 2 years, submit an I-829 petition to remove the conditions on your green card

What Are EB-5 Regional Centers?

Regional centers are entities that are approved by the United States Citizenship and Immigration Services (USCIS) to sponsor EB-5 investments. They are typically located in areas that are in need of economic growth. A regional center can be privately or publicly owned. They can be involved in any type of economic activity, as long as the investment leads to the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers. Regional center projects can be located anywhere in the U.S. and may be in a targeted employment area (TEA).

EB-5 Visa Requirements 

There are several requirements that must be met to obtain the EB-5 visa, including the following:

• The investor must be engaged in a commercial enterprise.
• The commercial enterprise must be a for-profit business.
• The commercial enterprise must be new, meaning that it was established after November 29, 1990, or that it was established before that date and is being restructured or expanded.
• The commercial enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within 2 years of the investor receiving their conditional green card.
• The investor must invest the required capital in the commercial enterprise.
• The required capital is at least $1.8 million, unless the investment is made in a targeted employment area (TEA), in which case it is $900,000.
• The investor must be involved in the day-to-day management of the commercial enterprise or manage it through policy formulation.
• The investor must have a net worth of at least $1.8 million, or $900,000 if the investment is made in a TEA.
• The investor must have obtained the required capital through lawful means.

EB-5 Visa Job Creation Requirements

The EB-5 visa program requires that the investment creates or preserves at least 10 full-time jobs for qualifying U.S. workers. A qualifying U.S. worker is a U.S. citizen, a lawful permanent resident, or a person who is authorized to work in the U.S. The full-time jobs must be permanent and must be created within 2 years of the investor receiving their conditional green card. The investor can use direct or indirect job creation to meet this requirement.

Direct job creation includes the creation of the following:

• Full-time jobs for qualifying U.S. workers who are direct employees of the commercial enterprise
• Full-time jobs that are established by the commercial enterprise but that are located outside of the commercial enterprise, such as jobs located at a job site that is owned by the commercial enterprise

Indirect job creation includes the creation of the following:

• Full-time jobs for qualifying U.S. workers that are created by the commercial enterprise as a result of the commercial enterprise’s business activities
• Full-time jobs that are created by the commercial enterprise as a result of the commercial enterprise’s investment in a regional center

 EB-5 Visa for Family Members

The EB-5 visa allows the investor’s spouse and unmarried children who are under the age of 21 to obtain permanent residence in the U.S. as well. The investor’s spouse and children can live and work anywhere in the U.S. and can attend college or university in the U.S. The investor’s spouse and children can either apply for the EB-5 visa at the same time as the investor or apply at a later date.

Contact Our San Francisco EB-5 Visa Lawyers Today

At the Law Offices of Shamieh, Shamieh & Ternieden, we are committed to helping investors from around the world obtain the EB-5 visa. We can help you understand the requirements of the program and determine whether it is the right option for you. Our San Francisco EB-5 visa attorneys can guide you every step of the way, from preparing your application and supporting documentation to choosing the right project or regional center to invest in. We will ensure that everything is in order and that you are well-prepared for your interview. Our team can provide the knowledgeable and personalized representation you need to make the EB-5 visa process as smooth and efficient as possible.

Call Law Offices of Shamieh, Shamieh & Ternieden at (415) 300-2144 to schedule a consultation with our EB-5 visa lawyers in San Francisco.