Eb-5 visa understanding the foreign currency control
EB-5 funding in California: what investors need to know
The EB-5 Immigrant Investor Program can lead to a green card when you invest lawfully obtained funds in a qualifying U.S. business that creates at least 10 full-time jobs for U.S. workers. However, rules differ by project type, location, and your source of funds. We design your EB-5 funding plan around California opportunities and federal requirements.
Project types: Regional Center vs. Direct
Regional Center projects allow indirect and induced jobs counted by economic models. They often suit larger developments (for example, hospitality or mixed-use).
Direct EB-5 counts W-2 employees on the enterprise’s payroll and is common for owner-operators or smaller ventures.
Therefore, we match your risk tolerance, timelines, and job-creation path to the right structure.
TEA vs. non-TEA (why location matters)
Investments in a Targeted Employment Area (TEA)—a high-unemployment or rural area—qualify for a lower statutory minimum than non-TEA projects, and program rules now update amounts periodically for inflation. Because figures change, we verify the current minimums and TEA qualification before you wire any funds.
Source-of-funds (SOF): the heart of approval
USCIS must see that your EB-5 funding is lawfully obtained and traceable from origin to investment:
Earnings/business profits, asset sales, gifts, secured loans, inheritances
Tax returns, bank statements, contracts/closing statements, loan security documents
Clear funds path from the original account to the new commercial enterprise (NCE) and any job-creating entity (JCE)
As a result, a well-documented SOF package reduces RFEs and delays.
Job creation & sustainment
Show 10+ full-time U.S. jobs created within the required window (direct payroll jobs or model-supported jobs for Regional Centers).
Maintain your investment during the sustainment period; many projects now address redeployment if the original loan repays early.
We align business plans, economic reports, and payroll or modeling evidence to the latest standards.
Timeline (high level)
Evaluate project & SOF → confirm TEA status, escrow terms, and job plan
File I-526E/I-526 (depending on RC vs Direct) → priority date set
Consular processing (IV) or Adjustment of Status (AOS) in the U.S. when a visa is available
Conditional green card period → verify job creation & sustainment
File I-829 to remove conditions → permanent residence if approved
Compliance checkpoints (avoid headaches)
Written risk disclosures and use-of-proceeds matching the business plan
Transparent capital stack (senior debt, mezzanine, EB-5 equity/loan), lien position, and exit strategy
Escrow triggers and refund conditions tied to petition outcomes
Developer track record and third-party oversight (fund admin, audits)
Evidence checklist (bring to your consult)
Passports for all applicants, prior visas/I-94s
SOF documents (taxes, bank trails, sale/loan papers, gift letters)
Project packet (PPM, subscription, LPA/operating agreement, business plan, economic report)
Proof of net worth/liquidity and transfer capability
If adjusting in the U.S., immigration status history and eligibility screen
FAQs
How much do I need to invest?
Minimums differ for TEA vs. non-TEA and adjust with inflation. We confirm the current statutory amounts before you commit funds.
Can family members get green cards with me?
Yes—spouse and unmarried children under 21 can be included as derivatives.
Is my capital guaranteed?
No. EB-5 requires at-risk investment; guaranteed returns or redemption rights can jeopardize approval. We review terms for compliance.
Can I live anywhere in the U.S. if I invest in California?
Yes. Your residence doesn’t have to match the project’s location.
How we help
First, we validate the project (TEA, capital stack, job plan). Next, we build a meticulous source-of-funds trail. Then, we file your petition and coordinate consular/AOS strategy. Finally, we monitor job creation, sustainment, and prepare a strong I-829.
Ready to structure EB-5 funding in California? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Program amounts and rules update periodically; we confirm the requirements in effect when you file.
EB-5 Funding Transferring currency into the U.S.
In China, it appears there is a limit of $50,000 per person.
To transfer more out of China, it appears that friends and family members help with this limit.
