What are the residency requirements for a direct EB-5 investor? - EB5Investors.com

What are the residency requirements for a direct EB-5 investor?

I am still in the initial phase of considering an EB-5 visa, as a person not from a backlogged country. I have an established business at home and thinking about launching a “branch” in the U.S. for a win-win investment, rather than an RC project. Would this business being based in a rural TEA mean the residency of me and my family be limited to that location / state? Or can we relocate to any U.S. location irrelevant to the investment itself?

Answers

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

If you have an established business outside the U.S., EB-1C should be considered. As to your question regarding residence, you can live anywhere in the US while managing a business in a TEA or rural area. Employees of the business, however, will have to be in the TEA or rural area.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

While the job must be created in the rural area, there is no need for you to be located there, if it is structured correctly.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You may live anywhere but need to show you are developing and directing the investment. Sounds like you may want to consider an L-1A and then EB-1C multinational manager/executive as it will be much faster than the EB-5 route.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
Answered on

You can invest and live in different states. The principal question may be can you perform any duties you need to in order to oversee your U.S. business if you live in a different state? If you are able to from a business perspective, then I think you would be fine in pursuing this type of EB-5 plans.

Darren Silver

Darren Silver

Immigration Attorneys
Answered on

You are free to live in any location you like. However, with a direct EB-5, one of the requirements is that you manage the business. Unlike a regional center EB-5, which is a passive investment.

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