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How close must I live to my direct EB-5 investment?

How strict is the requirement that I live near the location of my direct EB-5 investment? Will USCIS check to make sure I have an address within a certain distance of the business?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    There is no such kind of requirement.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can live anywhere in the United States! The project/regional center should send regular updates on the project's development and use of EB-5 funds.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, it is expected that a direct investor will not live too far from his or her business so as to operate the business almost on daily basis. There are no hard and fast rules on this matter and USCIS does not usually check on the address of a direct investor once his or her business is set up and the conditional green card is issued. However, be on notice that an investor needs to be around and successfully operate the business by creating at least 10 jobs within two years. Otherwise, if the direct investment business fails and it is due to the fact that the investor had been operating the business as an absentee investor, such a situation will likely lead to denial of his or her permanent green card petition (i.e. I-829, Petition by Entrepreneur to Remove Conditions). Advisably, for successful operation of the direct investment business and compliance with the EB-5 regulations, consult an EB-5 attorney.

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    Barbara Suri

    Immigration Attorney
    Answered on

    There is no requirement that you live near the location of your EB-5 project.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Great question. It really depends on whether you are given an active role in the day-to-day operations of the business. Direct EB-5 businesses can be structured similar to regional center projects. That is, a general partner or manager could be responsible for running the day-to-day operations of the enterprise while you, the limited partner, are given the requisite amount of responsibilities under the law. Currently, USCIS recognizes that if a new commercial enterprise is set up as a limited partnership, if the EB-5 investor is a limited partner then they will comply with EB-5 law if they have the typical rights of a limited partner, which do not have to be as active as the general partner or manager running the day-to-day operations.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no requirement that you reside near the EB-5 investment as a Limited Liability Partner if your investment is through a regional center. If your EB-5 investment is a direct investment that you need to be actively overseeing, managing, and/or running the new commercial enterprise (NCE) and therefore would make sense to reside within commuting distance.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Address does not matter. But, you should be managing your direct investment.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There is no requirement that you must live within a certain distance of your EB-5 investment. As a permanent resident, you may reside anywhere within the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You must be able to develop and direct the business; it probably depends on the type of business exactly what USCIS would require.

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    Ian E Scott

    Immigration Attorney
    Answered on

    There is no requirement to live close to your business as long as you can manage the operations.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There is no specific distance you must live from your direct investment. However, as you must be engaged in active management of the investment, this fact may dictate where you live. This is a question you should review with your investment immigration attorney and your business plan writer.

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    John J Downey

    Immigration Attorney
    Answered on

    There is no requirement that you live near your investment.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no requirement that you live close to your direct investment project. However, if your business plan calls for you to be the day-to-day manager of the business and you plan to live in another city or another state, it would be reasonable for USCIS to ask how you are going to remotely manage your investment. If, on the other hand, your business plan, operating agreement, or other documents make it clear that you are limited partner or that you have hired a business manager for the direct EB-5 business and you will just monitor or manage the financials, then such a question would not be relevant.

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