Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Santa Clara, the term Golden Visa is commonly used to describe the US EB-5 Immigrant Investor Program. This is a federal program that provides a path to lawful permanent residence for foreign investors who invest capital and create jobs in the United States. Santa Clara residents typically pursue EB-5 through either a direct investment or a USCIS-approved Regional Center project.
Santa Clara does not offer a separate local Golden Visa program. All eligibility, documentation, and processing are governed by federal immigration law and federal regulations. Investors should expect guidance on investment structure, source of funds, and job creation from a qualified immigration attorney or legal counsel familiar with California and federal requirements.
Key note for Santa Clara applicants: you must coordinate with federal agencies and, if applicable, a regional center, while staying mindful of California tax implications and local business considerations. For authoritative guidance, consult official resources from USCIS and the U.S. Department of State.
The EB-5 Immigrant Investor Program provides a path to lawful permanent residence for qualifying investors who invest capital and create jobs in the United States. Source: USCIS EB-5
Note: The program requires careful attention to investment structure, job creation proof, and funds tracing. See the official USCIS guidance for current requirements and forms, including I-526 petitions and I-829 removal of conditions.
Residential investors in Santa Clara contemplating EB-5 often face complex decision points that benefit from legal counsel. An immigration attorney can tailor advice to your project type, family situation, and financing sources. The following real-world scenarios illustrate where legal help is essential.
Golden Visa matters in Santa Clara are governed primarily by federal law, with California state considerations affecting residents and investors. The following laws and regulations provide the formal framework you will encounter.
Immigration and Nationality Act (INA) - The INA establishes the general framework for immigrant classifications, including the immigrant investor category under 8 U.S.C. § 1153. This is the statutory basis for EB-5 petitions and the eligibility criteria investors must meet. It is the primary source of authority for visa classifications at the federal level.
8 C.F.R. Part 204 - Implementing regulations for immigrant petitions, including the EB-5 category. These rules govern petition formats, evidentiary standards, and the procedural steps for I-526 and subsequent visa adjudications. They form the backbone of how EB-5 filings are evaluated by USCIS.
California Revenue and Taxation Code - California state tax rules affect EB-5 investors who establish residency in Santa Clara County. California taxes residents on worldwide income and has specific rules for determining tax residence, sourcing of income, and California returns. Investors should plan for state filing requirements in addition to federal immigration processing.
Recent changes and considerations - The EB-5 program has undergone regulatory updates in recent years, including adjustments to qualification criteria and methodologies for demonstrating job creation and source of funds. Investors should verify current thresholds, documentation standards, and processing timelines on official government sites before filing. See USCIS for current program guidance and forms.
The EB-5 program requires robust evidence of investment and job creation, with careful tracking of funds and project performance. Source: USCIS EB-5
The EB-5 program offers a path to lawful permanent residence for qualified investors who invest in a U.S. business and create jobs. Santa Clara residents typically pursue EB-5 through direct investments or regional center projects. Applicants file I-526 petitions with USCIS for eligibility, then pursue conditional permanent residence.
You must invest a qualifying amount in a new commercial enterprise and create or preserve ten full-time jobs for U.S. workers. In Santa Clara, you should work with an attorney to match your investment structure to USCIS rules and to document funds and source of funds.
Processing times vary by case and project. Preliminary I-526 adjudication can take months, followed by consular processing or adjustment of status. The removal of conditions (I-829) occurs roughly two years after obtaining conditional residence.
Yes. An experienced immigration attorney can assess eligibility, structure the investment, assemble evidentiary packages, and respond to RFEs. Legal counsel in Santa Clara helps coordinate with project sponsors and tax professionals.
Yes, regional centers can offer indirect job creation methods. This can simplify evidence of job creation, but requires careful due diligence of the center and its projects. An attorney can help evaluate risks and compliance.
Typical documents include corporate or personal investment proof, source of funds, business plan, job creation projections, and letters from financial institutions. An attorney assists in organizing these and ensuring consistency across filings.
Investment thresholds are set by law and regulatory changes. The exact amount may vary with rulemaking and TEA designations. Always verify current figures with USCIS before selecting a project.
Direct investment funds a standalone business and must show direct job creation. Regional center investments can count indirect jobs and may offer streamlined administration, but come with different due diligence considerations.
Removal of conditions generally occurs about two years after residency is granted. You must demonstrate ongoing investment and job creation. An attorney helps prepare the I-829 petition and supporting evidence.
California taxes residents on worldwide income. You should plan with a tax advisor to determine residency status and any California tax filing obligations in addition to federal immigration proceedings.
Yes, spouses and unmarried children under 21 may derive status from the EB-5 investor. Proper petitions and timing are essential to ensure all family members receive resident status together.
No. EB-5 status does not require you to reside in Santa Clara or anywhere specific. You should assess long-term residency plans in light of business and family goals.
Access official government information and reputable organizations for authoritative guidance on Golden Visa matters in Santa Clara.
Lawzana helps you find the best lawyers and law firms in Santa Clara through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Golden Visa, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Santa Clara, United States — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
