EB-5 Visa Attorney in San Francisco

EB-5 Eligibility & Investment Requirements

The EB-5 program allows eligible investors and qualifying derivative family members to pursue lawful permanent residence through a qualifying investment and the required job creation. Under current USCIS thresholds, the minimum investment is $1,050,000 for a standard investment or $800,000 for a qualifying targeted employment area or infrastructure investment. A targeted employment area is a qualifying rural area or an area with high unemployment under applicable federal rules.

The investment generally must create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. Because investment thresholds and program rules may change, investors should confirm the requirements in effect when they file.

Direct Investment & Regional Center Participation

The two principal EB-5 pathways involve different filings and supporting evidence:

• Direct investment: The investor places capital into a new commercial enterprise and generally documents the enterprise, business plan, and qualifying jobs. Standalone investors file Form I-526.
• Regional center investment: The investor participates in a project sponsored through a USCIS-designated regional center. These cases may use approved economic methodologies to document direct and indirect job creation. Investors file Form I-526E.

Conditional Permanent Residence & Removing Conditions

Approval of the initial petition doesn’t complete the immigration process. Depending on visa availability and the investor’s circumstances, the next step may be adjustment of status in the United States or immigrant visa processing abroad. The investor initially receives conditional permanent residence, a two-year status that requires a later petition to remove the conditions.

Form I-829 addresses removal of conditions and requires evidence concerning the investment and required job creation. Processing times, visa availability, and adjudication outcomes vary with USCIS operations, the investor’s country of chargeability, the project, and the facts of the case.

Documenting the Source of Funds & Job Creation

USCIS requires investors to establish a lawful source and path of funds. The source shows how the capital was legally obtained, while the path traces it from its original source into the qualifying enterprise. The records for both must present a clear, consistent financial history.

Depending on how the capital was accumulated, relevant evidence may include:

• Employment income: Tax returns, payroll records, employment verification, and bank statements
• Business earnings: Ownership records, company financial statements, tax filings, and distribution records
• Property proceeds: Purchase documents, ownership records, sale agreements, and proof that the proceeds entered the investor’s account
• Loans: Loan agreements, collateral records, lender documentation, and transfer evidence
• Gifts or inheritance: Gift declarations, probate records, donor financial evidence, and records tracing each transfer

A direct-investment filing generally requires a credible business plan covering the enterprise, market, operations, staffing, and financial projections. The evidence should connect that plan to the expected creation of qualifying full-time jobs rather than present job creation as an unsupported estimate.

Regional center cases call for a different review. Relevant materials may include the project structure, applicable project filings, economic analysis, job-creation methodology, and investor-specific subscription and transfer records. The EB-5 Reform and Integrity Act also established requirements affecting regional centers, projects, and investors.

Material changes to a project, business plan, capital structure, or funding history can create immigration issues. Investors should seek legal guidance about potential changes before relying on them in a petition or responding to a USCIS request for evidence.

Direct Attorney Guidance in Five Languages

At Law Offices of Shamieh, Shamieh & Ternieden, we bring more than 45 combined years of immigration-law experience to complex federal immigration cases. We provide personalized representation and direct attorney communication, giving each investor clear guidance on how petition requirements apply to their circumstances. From our San Francisco practice, we serve clients nationwide in English, Arabic, Spanish, Cantonese, and Portuguese.

We can assess immigration eligibility, identify source-of-funds concerns, organize supporting records, review the immigration implications of an investment structure, and prepare the applicable petition. If USCIS requests more evidence, we can analyze the notice and prepare a response grounded in the existing record and governing requirements.

Immigration counsel serves a distinct role in an EB-5 transaction. Financial advisers evaluate investment risk, tax professionals address tax consequences, and securities professionals advise on securities-law issues. We focus on federal immigration requirements and whether the investor’s documentation supports the requested immigration benefit.

Plan Your Next EB-5 Step

Request a confidential consultation to discuss your current immigration status, proposed investment pathway, family circumstances, source-of-funds history, and anticipated filing steps. We can identify the legal and evidentiary questions that require attention before you prepare a petition.

You’ll communicate directly with our attorneys and receive guidance tailored to your investment and immigration record. General information can’t replace an individualized legal assessment.

Call (415) 300-2144 to schedule a confidential EB-5 consultation with Law Offices of Shamieh, Shamieh & Ternieden.