Best Residence by Investment Lawyers in Milpitas

1. About Residence by Investment Law in Milpitas, United States

In Milpitas, California, there is no standalone city or county law offering a separate residence by investment program. The path to residency through investment is governed primarily by federal law and regulations. Residents pursuing this option typically rely on the EB-5 Immigrant Investor Program, administered by the United States Citizenship and Immigration Services (USCIS) and the U.S. Department of State for visa processing.

The EB-5 program allows an eligible investor to apply for a green card by investing in a new commercial enterprise that creates or preserves at least ten full-time jobs for U.S. workers. Investments may be made directly in a qualifying business, or through an approved regional center. The program also includes conditional permanent residence for an initial period, with a later petition to remove conditions if the job creation and investment criteria are met.

“The EB-5 Immigrant Investor Program provides a path to lawful permanent residency for foreign investors who invest in a business that creates or preserves at least 10 jobs.”

Source: U.S. Citizenship and Immigration Services (USCIS) - EB-5 program overview
https://www.uscis.gov/eb-5

The program is subject to federal rulemaking and periodic updates. Milpitas applicants should monitor federal regulations, including minimum investment levels, TEA definitions, and evidence requirements for source of funds. State and local factors rarely add residency requirements beyond those set by federal immigration law.

“A TEA is defined as a rural area or an area with high unemployment, used to determine the lower investment threshold in EB-5.”

Source: USCIS - Targeted Employment Areas (TEA) guidance
https://www.uscis.gov/eb-5/eligibility/what-constitutes-a-targeted-employment-area-tea

2. Why You May Need a Lawyer

• You are evaluating direct investment versus a regional center for investment in or around Milpitas. An attorney can compare risk, timelines, and documentation required to satisfy USCIS criteria.

• You must demonstrate the lawful source of funds for the EB-5 investment. An attorney can map out a documented trail from employment, sale of assets, or inheritance to the investment, ensuring compliance with anti-money-laundering rules.

• Your project involves a high unemployment area or TEA designation near Milpitas. A lawyer can assist with TEA determinations and any state or local considerations affecting the eligibility of the investment.

• You plan to invest through a regional center. An attorney can verify the center’s compliance with USCIS requirements and help with the I-526 petition and regional center documentation.

• You need help preparing the conditional permanent resident (I-485 or consular processing) and later the removal of conditions (I-829). An attorney ensures forms, timelines, and evidence meet USCIS standards.

• You have family members who will accompany you. An attorney can coordinate derivative beneficiary petitions for spouses and unmarried children under 21.

3. Local Laws Overview

Statute: Immigration and Nationality Act (INA) Section 203(b)(5)

The INA authorizes the immigrant investor category and sets eligibility for petitions filed under the EB-5 program. It is the foundational federal statute enabling residency through investment in qualifying U.S. enterprises.

Source: U.S. Code Title 8 - Immigration and Nationality
https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12/section1153&edition=prelim

Notes for Milpitas residents: Although Milpitas has no separate local ESPE program, the job creation test and regional center availability are evaluated under federal standards. Local economic impact is considered through the project and its compliance with USCIS criteria.

Regulation: 8 C.F.R. Part 204 and 8 C.F.R. Part 216

These regulations govern immigrant petitions for alien investors and the conditional permanent residence granted to successful EB-5 participants. They cover petition filing, evidentiary requirements, and the two-year conditional residence period before removing conditions.

Source: eCFR - 8 CFR Part 204 and Part 216
https://www.ecfr.gov/current/title-8/chapter-I/part-204, https://www.ecfr.gov/current/title-8/chapter-I/part-216

Regulatory update: EB-5 Modernization Final Rule (Immigrant Investor Program Modernization)

The 2018-2019 regulatory package updated investment thresholds, TEA definitions, and program integrity measures. It is published in the Federal Register and implemented over time to align the program with current economic and immigration policy goals.

Source: Federal Register - Immigrant Investor Program Modernization
https://www.federalregister.gov/documents/2018/06/27/2018-13116/immigrant-investor-program-modernization

4. Frequently Asked Questions

What is the EB-5 Immigrant Investor Program?

The EB-5 program offers a path to permanent residency for investors who create or preserve at least ten U.S. jobs with their investment. It can be direct or through a regional center.

How much must I invest under EB-5 in Milpitas?

Investment thresholds are defined by the program and may vary by TEA designation. Current rules have historically set different amounts for TEA and non-TEA areas. Check the latest USCIS guidance for exact figures.

Do I need to create 10 jobs in Milpitas for EB-5 eligibility?

Yes, EB-5 requires job creation or preservation of at least ten full-time positions for qualifying U.S. workers as a condition of the permanent residency grant.

Can I invest directly or must I join a regional center?

You may choose direct investment or invest through a regional center. A lawyer can help assess advantages and risks of each path based on your Milpitas project.

How long does I-526 processing take?

Processing times vary by backlog and case specifics. Current timelines can range from many months to several years. A lawyer can provide case-specific estimates.

What is the timeline to obtain permanent residency via EB-5?

After approval of I-526, you proceed with consular processing or adjust status. If approved, you receive conditional permanent residence for two years, followed by I-829 to remove conditions if requirements are met.

Do I need to live in Milpitas during the process?

Residence by investment does not require you to live in Milpitas permanently. You may live anywhere in the United States while your case is processed, subject to visa and adjustment rules.

How do I show the source of funds for EB-5 investments?

Documentation must trace the origin of funds to lawful sources, such as employment income, sales proceeds, or inheritances. A legal professional can organize the documentation for USCIS review.

What happens after I receive conditional permanent residence?

You must meet job creation and investment requirements within the two-year period and file I-829 to remove conditions. Approval converts conditional status to permanent resident status.

Should I hire a lawyer to pursue EB-5?

Yes, a qualified attorney can assess eligibility, prepare petitions, verify funds, and navigate timelines. They also help ensure compliance with federal and state requirements.

What is the difference between EB-5 and other routes like E-2 or L-1?

EB-5 leads to a green card for investors who create jobs. E-2 and L-1 are non-immigrant visas with different eligibility criteria; many citizens do not qualify for E-2.

How long to file I-829 to remove conditions?

I-829 petitions are typically filed within the 90-day period before the second anniversary of conditional residence. Timely filing is critical to maintain status.

5. Additional Resources

• USCIS - EB-5 Immigrant Investor Program
  Official government information on eligibility, forms, and processing for EB-5 cases.
• U.S. Department of State - Immigrant Investor EB-5 Visa
  Visa processing and consular information for EB-5 applicants.
• Federal Register - Immigrant Investor Program Modernization
  Historical regulatory updates and official rulemaking related to EB-5 thresholds and requirements.

Source links for quick reference:

https://travel.state.gov/content/travel/en/us-visas/employment/immigrant-investor-eb-5-visa.html

https://www.uscis.gov/eb-5

https://www.federalregister.gov/documents/2018/06/27/2018-13116/immigrant-investor-program-modernization

6. Next Steps

1. Assess your eligibility and timeline with a Milpitas-based immigration attorney or solicitor who handles EB-5 cases. Schedule an initial consult for a 60-minute assessment within 1-2 weeks.

2. Gather documents that prove lawful source of funds and business ownership or employment history. Create a checklist with dates and responsible persons within 2-4 weeks.

3. Decide between direct investment and a regional center. Obtain a proposal or term sheet from experienced regional centers in the Bay Area or Milpitas vicinity within 2-6 weeks.

4. Engage a lawyer to draft and file the I-526 petition, including affidavits and financial documentation. Target submission within 4-12 weeks after decision on path.

5. Monitor processing times and respond to USCIS requests promptly. Expect potential back-and-forth communication over 6-24 months depending on backlog.

6. Prepare for consular processing or adjustment of status after I-526 approval. Plan a timeline with your attorney for the next steps, typically several months after approval.

7. Proceed to removal of conditions (I-829) after two years of conditional residency. Coordinate with your attorney to file within the allowed window and compile ongoing evidence of job creation.