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 EB-5 visa attorneys in San Francisco have extensive experience helping investors worldwide. We understand the program's intricate and often evolving requirements and can guide you every step of the way. Our team can help you prepare your application and supporting documentation, ensuring everything is in order, and you are well-prepared for your interview. We can also assist you with the step of choosing the right project or regional center to invest in. Our lawyers provide the knowledgeable and personalized representation you need throughout the application process, addressing any concerns that arise and offering guidance tailored to your unique situation.

To schedule a consultation with our EB5 visa lawyers 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 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 approved by the United States Citizenship and Immigration Services (USCIS) to sponsor EB-5 investments. They are typically located in areas that need economic growth. A regional center can be privately or publicly owned. It 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), offering investors potential eligibility for a reduced investment amount.

EB-5 Visa Requirements

Several requirements 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 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, reflecting both immediate and ancillary economic impacts.

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 established by the commercial enterprise but located outside of the commercial enterprise, such as jobs located at a job site that the commercial enterprise owns.

Indirect job creation includes the creation of the following:

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

EB-5 Visa for Family Members

The EB-5 visa also allows the investor’s spouse and unmarried children under the age of 21 to obtain permanent residence in the U.S. 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. This not only fosters family unity but also provides significant educational and professional opportunities to family members. 

Regional Investment Strategies & Considerations

Investing in the San Francisco area through the EB-5 program offers unique opportunities. It's important to consider the local economic environment and consult local economic reports detailing growth sectors and potential economic challenges. San Francisco's dynamic market may provide diverse investment projects that align with EB-5 requirements, especially in the high-tech and infrastructure sectors. Collaborating with local advisors familiar with regional trends can enhance your investment decision.

Frequently Asked Questions

What Are Benefits of the EB-5 Program?

The EB-5 program offers several advantages for foreign investors. It provides a pathway to permanent residency for the investor, their spouse, and their unmarried children under 21. This status allows them to live, work, and study anywhere in the United States. Additionally, the program does not require daily business management, offering flexibility if structured through a regional center. 

How Long Does the EB-5 Visa Process Take?

The EB-5 visa process time can vary based on several factors, including processing times with the United States Citizenship and Immigration Services (USCIS), project specifics, and visa availability. Initially, it involves submitting an I-526 petition, which can take several months to process. Upon approval, investors can receive a conditional green card. The entire process, from application to the receipt of a permanent green card, may take several years. Planned investments should consider these timelines, and regular updates from legal counsel can help manage expectations.

Can I Invest in Any Business with the EB-5 Visa?

While the EB-5 visa allows for diverse investment options, it must meet specific requirements. The business must be a new commercial enterprise or one that is significantly restructured or expanded. It should create or preserve at least 10 full-time jobs for U.S. workers. Investments can be made directly into a business or through a regional center. Each option has requirements and benefits; choosing depends on individual circumstances and goals. It's crucial to ensure all investments meet the lawful needs outlined by USCIS to qualify for the EB-5 program.

Contact Our San Francisco EB-5 Visa Lawyers

At the Law Offices of Shamieh, Shamieh & Ternieden, we are committed to helping investors worldwide obtain the EB-5 visa. We can help you understand the program's requirements 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. We aim to be a reliable partner in your journey to achieving your immigration goals through informed decisions and effective actions.

Call Law Offices of Shamieh, Shamieh & Ternieden at (415) 300-2144 to schedule a consultation!