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Where can a direct EB-5 investor live after getting the temporary green card?

In a direct business, the EB-5 investor will take 30 percent of the stock partnership, and a U.S. citizen partner who owns 70 percent will run the day-to-day business. Does the investor have to live in the same city where the business is located after getting the temporary green card?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For a direct project, it depends on the role the EB-5 investor will take in the company. EB-5 investors have a duty to have an active management role. Depending on the structure of the business and investment, the EB-5 investor may be expected to participate in the business on a regular basis.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no requirement that the person has to live exactly where the business is located.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, the investors do not have to live in the same city where the business is located as long as you can provide the required supervisory managerial responsibilities irrespective of where you live.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    It really depends on what the job duties are as specified by the corporate documentation. If the company is an LLC, the U.S. citizen is the manager, and the EB-5 investor will serve in a role similar to a limited partner (as defined under the Uniform Limited Partnership Act of most states) - then the EB-5 investor may not need to live near the EB-5 new commercial enterprise. However, if the EB-5 investor''s role (again, as defined by the corporate agreements) is to be engaged in some (even a little) day-to-day management role, then living near the business may be recommended. Another strategy might be available, so you should consult with an experienced EB-5 specialist.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    A direct EB-5 investor, unlike one through a regional center, may be limited to where the business is located if he/she has day-to-day management responsibilities. It will depend on what kind of business and the basis for your direct investment. The key is maintaining the active investment through your participation. Of course, if you are only in a policy-guiding role, such as the board of the directors, then you could live anywhere as long as you get the timely reports and could act on the direction of the company operations.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That would depend on how the business was structured and what your role is in the business that was established. If you are a limited liability partner that has policy control of the business, even if it is a direct investment, you do not have to be directly operating the day-to-day business - which means you do not need to be residing in the same city as the business location.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will have to show you are directing and developing the business if it is a direct EB-5 project.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    No. S/he may live anywhere. However, the investor should be engaged in the business to the extent contemplated by the governing documents (e.g. LLC agreement).

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