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
Brandon Meyer
Immigration attorneysThere is no requirement that the EB-5 investor and family live in the same geographical area as the project.
Kate Kalmykov
Immigration attorneysBoth 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.
Baoqin Wang
Immigration attorneysNo. EB-5 investors do not need to live within the geographic area of the regional center.
Reza Rahbaran
Immigration attorneysThere is no requirement that an investor reside in the state of his or her regional center project, nor their family members.
Anthony Korda
Immigration attorneysEB5 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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