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Residence by Investment in the United States is a pathway to lawful permanent residency based on investing in a U.S. business. In Santa Clara, there is no local statute granting residency by investment; instead, residents rely on federal immigration pathways and state tax considerations. The most common route for investors is the federal EB-5 Immigrant Investor Program through USCIS, which can be pursued directly or via designated Regional Centers.
In Santa Clara, projects often align with the region’s strong tech ecosystem, including manufacturing, R and D, and high-skill service ventures. Investors may choose to structure investments directly in a qualifying business or through a Regional Center that pools capital and funds job creation. Always confirm current requirements with a qualified immigration attorney before moving forward.
Residence by Investment is primarily realized through the EB-5 Immigrant Investor Program, which requires investment in a qualifying U.S. business and job creation.
Source: USCIS EB-5 Immigrant Investor Program
Investors face complex federal eligibility criteria, documentation, and timeline management. A lawyer helps tailor the path to Santa Clara's circumstances and avoids common mistakes. Below are concrete scenarios that benefit from legal counsel.
The EB-5 program is a federal process, but investors in Santa Clara must consider state and local implications. Federal immigration law governs eligibility, petitioning, and the conditional residence process. California residents also face state tax and residency rules that affect ongoing obligations after arrival.
Recent regulatory updates to the EB-5 program have refined investment thresholds and TEA definitions, with guidance issued by USCIS to reflect ongoing policy changes.
Source: USCIS EB-5 Program, California Franchise Tax Board - Residency Information
Residence by Investment typically means obtaining permanent residency through an investment in a U.S. business. In Santa Clara, the main federal path is the EB-5 Immigrant Investor Program, which can be direct or via a Regional Center. You must meet investment, job creation, and source-of-funds requirements as verified by USCIS.
You invest in a qualifying project and file I-526 with USCIS. If approved, you obtain conditional permanent residence and later must file I-829 to remove conditions. Regional Centers may offer indirect job creation and centralized administration of funds.
No, you can invest in a new commercial enterprise you control directly or through a Regional Center project. Each path has different responsibilities for management and job creation verification.
Processing times vary widely and depend on USCIS backlogs. Typical I-526 processing can take many months, with additional time for consular processing or adjustment of status, and then the I-829 stage after two years of conditional residence.
Yes, but you must maintain eligible status while your petition is pending. Many investors relocate after initial approvals, coordinating travel and residency plans with counsel.
Direct investments fund a single business and require direct job creation, while Regional Center investments pool capital across multiple projects and often count indirect jobs toward the requirement.
Yes. You must provide thorough documentation tracing the origin of funds, including tax records, bank statements, and transfer histories, to meet USCIS requirements.
Attorney fees vary by case complexity, but anticipate a multi-thousand-dollar range for strategy, documentation, and petition preparation, plus filing fees set by USCIS.
California residency affects tax obligations, so consult a tax advisor about California tax residency rules and potential implications for worldwide income.
The I-829 petition must be filed within the 90-day period before the second anniversary of your conditional residence, and USCIS approval is needed to remove conditions.
E-2 is only available to treaty nationals, so if you are not eligible, EB-5 remains the primary route. An immigration attorney can confirm your options based on nationality and goals.
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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.
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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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