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Residence by Investment, commonly known as the EB-5 Immigrant Investor Program, is a federal pathway designed to help foreign nationals obtain lawful permanent residence in the United States by investing in qualifying U.S. businesses. In return, the investment must create or preserve jobs for U.S. workers, typically 10 full-time positions per investor. Although residents of Chino may pursue this option, the program operates under federal law and is not governed by the City of Chino or California alone.
In practical terms, you file an I-526 petition with the U.S. Citizenship and Immigration Services (USCIS) to establish eligibility. After approval, you pursue an immigrant visa or adjust status if you are already in the United States. At the end of a two-year conditional residence, you must file an I-829 to remove conditions and demonstrate that the required jobs were created or preserved. Projects can be direct investments or through regional centers, which affects how job creation is counted.
According to USCIS, EB-5 requires an investment that creates or preserves at least 10 full-time jobs for U.S. workers.Source: USCIS EB-5 overview
Recent and ongoing updates affect investment thresholds, regional center operations, and compliance safeguards. The EB-5 Reform and Integrity Act of 2022 reauthorized the program and introduced new requirements for safeguards, oversight, and sourcing of funds. Investors should verify the latest thresholds and process steps with official sources before proceeding.
For authoritative, up-to-date information, see the official USCIS EB-5 pages and the Department of State visa guidance linked below.
Useful official resources: USCIS EB-5 overview and DOS EB-5 Immigrant Investor Visa guidance.
Residence by Investment is primarily governed by federal law, but California and local project requirements can influence how EB-5 projects are developed in Chino. Below are two to three key legal frameworks that commonly intersect with EB-5 projects in this region.
For California CEQA information, follow the official link below to confirm when CEQA review applies to a local project funded by EB-5 capital:
California CEQA resource: CEQA - Governor's Office of Planning and Research
Federal references you can consult for procedure and eligibility include: USCIS EB-5 overview and DOS EB-5 Immigrant Investor Visa guidance.
The EB-5 program grants conditional permanent residence to foreign investors who invest in qualifying U.S. enterprises and create or preserve at least 10 full-time jobs. After two years, investors must file to remove conditions if the job creation requirements are met. The program can be direct or through a regional center.
A TEA is a Targeted Employment Area where the investment threshold is reduced. In general, investments in TEAs can be as low as $800,000, while non-TEA investments require $1,050,000. TEA designation depends on local unemployment rates and geography.
While not required, a lawyer helps ensure eligibility, gathers credible source of funds, structures the investment for risk requirements, and handles complex communications with USCIS and DOS.
Processing can vary widely, commonly ranging from 12 to 36 months or longer depending on case complexity and USCIS workload. Timelines fluctuate with policy changes and petitions in progress.
Common documents include bank statements, tax returns, gift deeds, asset verification, and.chain-of-funds documentation showing the source of the investment capital.
Yes, but the investment must still be at risk and not guaranteed. Lenders often require specific structures to meet EB-5 requirements and to demonstrate the investor's control over the funds.
Direct EB-5 requires direct job creation by the enterprise, while regional center EB-5 allows counting indirect and induced jobs. Regional centers also offer more centralized project management and oversight.
Yes. In most cases, the investor, spouse, and unmarried children under 21 can obtain conditional permanent residence or adjust status together, subject to meeting program requirements.
An RFE or denial can occur for reasons like insufficient job creation evidence or unclear funds. An immigration attorney can prepare a targeted response with additional documentation.
Processing times for I-829 typically range from 12 to 24 months, depending on the USCIS workload and whether the investor has met the required job creation criteria.
Yes. A local EB-5 attorney can help identify California or Inland Empire projects, verify TEA designations, and ensure the investment aligns with federal requirements and local permitting processes.
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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.
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