The EB-5 immigrant investor program offers a path to U.S. permanent residence for foreign nationals who invest substantial capital in qualifying U.S. enterprises that create jobs for U.S. workers. As a San Francisco EB-5 lawyer, Stelmakh & Associates represents Bay Area direct investors and regional center investors through I-526 (direct investors) and I-526E (regional center investors filings, source of funds documentation, conditional residence, and I-829 conditions removal. The EB-5 Reform and Integrity Act of 2022 reshaped the program, and current filings require careful attention to the new structure.
Who Qualifies for an EB-5 in San Francisco
To qualify for EB-5, the investor must invest the required amount of capital in a new commercial enterprise or qualifying regional center project, must create or preserve at least 10 full-time qualifying jobs for U.S. workers, and must demonstrate that the investment funds were lawfully obtained. The investor’s role in the enterprise must satisfy management or policy formulation requirements.
Investment Thresholds and Categories
Under the EB-5 Reform and Integrity Act, the standard minimum investment is $1,050,000, reduced to $800,000 for investments in targeted employment areas (rural areas or areas of high unemployment) and infrastructure projects. The Act reserves visa numbers specifically for rural, high-unemployment, and infrastructure investments — a meaningful advantage for investors selecting projects in those categories.
Direct vs Regional Center
- Direct investment. The investor invests directly in a new commercial enterprise. Direct jobs (W-2 employees of the enterprise) count toward the 10-job requirement. Suitable for San Francisco investors building or buying operating businesses where they will play an active role.
- Regional center investment. The investor invests in a USCIS-designated regional center project. Indirect and induced jobs count, generally easier to satisfy. Suitable for passive investors comfortable with limited operational involvement.
Source of Funds — Often the Decisive Issue
USCIS scrutinizes source of funds heavily. Every dollar must be traced to lawful origin — employment income, business proceeds, sale of assets, gifts from documented sources, inheritance — through bank statements, tax filings, contracts, and supporting documentation. San Francisco EB-5 cases that go wrong usually go wrong here. We treat source of funds as the case, not as a documentation exercise.
Strategic Approach to EB-5 Cases in San Francisco
- Project diligence. For regional center investors, project selection drives outcomes. We help San Francisco investors evaluate offering documents, project structure, job creation methodology, and operator track record before committing capital.
- Direct investment structuring. Direct EB-5 investors must structure the new commercial enterprise to satisfy the management requirement, document job creation through verifiable hiring, and plan for I-829 conditions removal from the start.
- Source of funds preparation. Source of funds documentation begins early and continues through I-526E filing. We prepare San Francisco investors for the level of detail USCIS expects.
- Visa availability planning. EB-5 priority date wait times depend on country of birth and category. We advise on visa availability and the timing implications of TEA, rural, and infrastructure set-asides.
- Conditions removal. After conditional residence, investors must file Form I-829 to remove conditions by demonstrating sustained investment and job creation. We plan for I-829 evidence from the I-526E filing forward.
Common EB-5 Questions From San Francisco Clients
How long does the EB-5 process take?
Total EB-5 timing depends on country of birth, category (rural/TEA/infrastructure/standard), and USCIS processing. Reserved-category investments can move faster than standard ones. We provide realistic timing estimates after evaluating the investor’s profile and intended project.
Can I work in San Francisco while my EB-5 is pending?
EB-5 conditional permanent residence allows full work authorization. Before that, applicants must hold separate immigration status to work in the U.S. — H-1B, O-1, L-1, or other classifications. We coordinate concurrent nonimmigrant strategy where needed.
What if the EB-5 project fails?
Project failure can jeopardize permanent residence. We help San Francisco investors evaluate projects with this risk in mind and advise on options if a project encounters difficulty during conditional residence.
Can my family obtain green cards through my EB-5?
Yes. The EB-5 covers the principal investor, spouse, and unmarried children under 21. Each derivative obtains conditional residence and proceeds through I-829 conditions removal alongside the principal.
What is the difference between I-526E and I-829?
Form I-526 (for direct investors) or I-526E (for regional center investors) is the initial petition. Once approved and the visa is available, the investor obtains conditional permanent residence. Form I-829 is filed near the end of the conditional period to demonstrate sustained investment and job creation, removing conditions and granting unconditional permanent residence.
Who Typically Pursues EB-5 in San Francisco
- Foreign nationals investing $800,000 in TEA, rural, or infrastructure regional center projects in San Francisco or elsewhere
- Direct investors building or acquiring operating businesses in San Francisco with at least 10 W-2 employees
- San Francisco entrepreneurs combining EB-5 capital with other funding to launch larger ventures
- Foreign families using EB-5 as a path to U.S. education and residence for children
- Investors transitioning from E-2 status to EB-5 for permanent residence
Schedule a Consultation With Our San Francisco EB-5 Lawyers
Whether you are evaluating a regional center project or planning a direct San Francisco investment, Stelmakh & Associates can guide source of funds documentation, project diligence, and the full I-526E and I-829 process. Contact us to schedule a consultation serving San Francisco and the broader Bay Area.
Contact us to schedule a San Francisco EB-5 consultation.