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Questions & Answers

Do the EB-5 investors and their family have to live in the geographic area of their investment project?

If an EB-5 applicant invests in a certain Regional Center, are they required to reside within the jurisdiction wherein that Regional Center is located? What about family members of the applicant? Does it have to be same county or just same state?

Answers

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    Brandon Meyer

    Immigration Attorney
    Answered on

    There is no requirement that the EB-5 investor and family live in the same geographical area as the project.

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    Kate Kalmykov

    Immigration Attorney
    Answered on

    Both individual and regional center based EB-5 petitions require that an investor be engaged in the management of the enterprise. New commercial enterprises affiliated with regional centers are generally structured as either limited partnerships or limited liability companies. The EB-5 regulations permit an investor to become a limited partner or limited liability member with the rights, powers and duties normally granted to limited partners under the Uniform Limited Partnership Act. While for an individual EB-5 the investor will be expected to engage in the day-to-day management of the enterprise, in the regional center context such activities will be performed by the general partner or managing member. Thus, EB-5 regional center investors can live anywhere in the country and continue to be in compliance with this requirement.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    No. They may live anywhere they like.

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    Anthony Korda

    Immigration Attorney
    Answered on

    EB5 investors and their family members are permitted to live anywhere they wish in the United States and may live separately if they choose to do so.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    There is no requirement that an investor reside in the state of his or her regional center project, nor their family members.

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    Baoqin Wang

    Immigration Attorney
    Answered on

    No. EB-5 investors do not need to live within the geographic area of the regional center.

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