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What determines where you can live with an EB-5 visa?

I would like to know what steps I have to take to become a legal resident in the state of Florida. I am Canadian, living in Toronto. Do I have to find an EB-5 project in Florida to invest in? If I invest in a different project in another state will I be tied there?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    No, under the regional center program it is not necessary to reside in the same state as your investment. However, for direct investments the regulations require you to demonstrate executive or policy making control over the business. Depending on the type of business, you may need to be located near your investment.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    No, you are not required to invest in the state that you intend to reside in.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you invest into a regional center EB-5, you do not need to live in the state where you make the investment; if you invest into a direct EB-5 project, you probably need to live near the project if you are required to participate into the day to day management. However, investors can choose to only participate into the policy making process.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you plan to invest through a direct EB-5 project, then it would likely make more sense for you to live in Florida because you will be actively managing the day-to-day business operations. If you invest through a Regional Center project, then you are not tied to a specific state and may reside in a state of your choosing. If you wish to become a resident of the state of Florida, you are not required to invest in a Regional Center in Florida. You will need to inquire what steps you need to take to become a resident of Florida based on state rules, such as obtaining a driver''s license, rent or purchase a home, register to vote, get a library card, etc.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Residency obtained via the EB-5 classification allows one to work and live in whichever state you desire. Thus, you may invest in a project in one state and live in another.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There are no rules about where you can live. If you have invested in a regional center or other EB-5 investment in which you are a limited partner or have an otherwise limited role in the management of the company, then there should not be a problem. If you make a direct investment in a business which you will manage the day to day operations, it would make sense if you live within commuting distance to the business.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The entity into which you can invest for the EB5 program can be located anywhere in the United States. As long as the project meets the EB5 requirements (job creation, infrastructure, etc.), then it can be a valid EB5 investment. You would be obtaining permanent residency (first with conditions, then removing those conditions after two years) as a result of a successful investment and petition, which allows you to live anywhere in the U.S. Planning for your U.S. Immigration goals is best served with the representation by a qualified EB5 attorney, like the attorneys at our law firm.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can live anywhere you desire. The location of the project that you invest in is not related to the location of your residence. I will be happy to discuss further and assist in the selection and application process.

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    David Hirson

    Immigration Attorney
    Answered on

    The answer to this question is that the investor can live anywhere in the US. So, for the Florida residence example, the investor in a regional center or other project as a limited partner of LLC member could have the investment in California. If this is a small business, there may be a different response.

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    Anthony Korda

    Immigration Attorney
    Answered on

    As an EB5 investor- if your Petition and Visa Applications are successful, you and your spouse and unmarried children under 21 will become permanent residents and will be free to live anywhere in the United States, irrespective of where the project in which you invested is located.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Our law firm has represented successfully many EB-5 investors from Canada who have invested in EB-5 projects located in states other than the state of Florida in which they desire to live. Therefore the EB-5 investor does not have to live in the same state in which they invest in an EB-5 project.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Depends on whether you are doing a Regional Center or stand-alone EB-5 project. With the Regional Center you may live anywhere as you are typically a passive investor with a limited partnership interest. The requirements to direct and develop are more stringent with a stand-alone project so that would need to be explored further to advise you.

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    Qingqing Miao

    Immigration Attorney
    Answered on

    The location of your EB-5 project does not affect where you would like to live in the U.S. The immigration law does not require you to live in the state where your investment project is. How to establish residency of a particular state is a matter of state laws and regulations. You may want to refer to the official website of Florida to find out more about how to obtain a Florida driver''s license/identification card and what the requirements are.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    You may live anywhere in the United States.

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    Neena Dutta

    Immigration Attorney
    Answered on

    There are no geographical restrictions on where you choose to reside. Of course, if your investment is a direct one, you might want to be in the same state. But if you are selecting to apply through a regional center, it does not matter where you are. You may wish to consult a tax attorney to help you plan where would be most beneficial to you personally.

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    Christian Schmidt

    Immigration Attorney
    Answered on

    You can invest in a project anywhere in the U.S. and live any place in the U.S.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you invest in a Regional Center, you do not have to actually work in the project and you can live anywhere you want to.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    The EB-5 investment program does not have residency requirements tied to the location of the investment. You may reside anywhere in the U.S. regardless of where the investment is made. There are requirements relating to your role in the company where the investment is being made, but that does not limit your options for residence.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When you invest in the EB-5 program and obtain your Immigrant Visa (permanent residency), you can live anywhere in the U.S. not just where the EB-5 project is located.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You are allowed to live in any U.S. state or territory once you have been granted permanent residence based on an approved EB-5. Your investment does not have to be in Florida, unless you wish to be nearby to visit the project after job creation commences.

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