San Jose EB-5 Investment Visa

Put Years of Experience on Your Side

On November 29, 1990, Congress established the EB-5 program as a form of business immigration. This program brings new investment capital into the United States and creates jobs for U.S. workers.

The EB-5 program has three core requirements:

• The immigrant investor must invest capital in the United States.
• The investor must create a new commercial enterprise.
• The investment must create jobs for qualifying employees.

Investment Capital Requirements for the EB-5 Program

The EB-5 program requires the applicant to invest capital in the United States. The investor must provide detailed documentation of the funds’ source and prove that every dollar was obtained legally. Investors must invest or actively be in the process of investing $1,000,000.

Applicants should gather bank statements, sale contracts, or loan records to show how they obtained funds. U.S. authorities will review these records to confirm that the entire investment amount came from lawful sources. Careful organization of this information reduces delays and strengthens the EB-5 visa petition.

There is an exception to the $1,000,000 capital requirement for those who invest or are in the process of investing $500,000 in a targeted employment area.

A targeted employment area can be either:

• A rural area
• An area that has experienced high unemployment of at least 150% of the national average

A rural area is an area that does not fall within a metropolitan statistical area, or is not within the outer boundary of any city or town with a population of 20,000 or more.

The investment can take the following forms:

• Cash
• Cash equivalents
• Equipment
• Inventory
• Other tangible property

The law also allows capital to include a promissory note, meaning an immigrant investor's secured promise to pay. The investor must back the promissory note with personal assets, listing them specifically in the note. All capital is valued at the fair market value in United States dollars at the time of investment.

When documenting capital contributions, present credible appraisals for property, detailed inventories, or proof of asset values to show you meet fair market value standards. If you organize this supporting evidence clearly, you reduce the risk of delays or requests for additional documentation from reviewing officers.

The immigrant investor must actually place their capital "at risk." There must be a chance the original capital could be lost or generate a profit. Promising to return any portion of an investor’s required capital negates the “at risk” requirement and invalidates the investment under the EB-5 program.

Defining a New Commercial Enterprise

A "new commercial enterprise" is a for-profit activity formed for the ongoing conduct of lawful business and established after November 29, 1990.

Building a new commercial enterprise means more than forming a company on paper. The business must conduct ongoing activity by producing goods or providing services in compliance with all local and federal regulations. Investors often consult legal and business professionals during formation to help meet these requirements. Careful setup supports eligibility while giving the business a solid operational foundation.

A new commercial enterprise may be structured as:

• Partnership
• Holding company
• Joint venture
• Corporation
• Public or privately owned entity

Investors may also put funds into an existing business if their investment reorganizes the business so that a new commercial enterprise results. The business must undergo substantial changes, not just minor or superficial modifications, to qualify as a new commercial enterprise under EB-5 rules.

If you invest in an existing business, provide clear documentation to show how your capital transforms or expands the company in a meaningful way. Records may include restructuring documents, evidence of new business activities, or plans to increase employment. The goal is to demonstrate that the business is substantially renewed or expanded, not simply changed in name or appearance.

An investor can also qualify by increasing the net worth or number of employees in an existing business. A “substantial change” means raising the net worth or the number of employees by at least 40% through the new investment.

Creation of Jobs From the Investment

The EB-5 investment must lead to the creation of jobs for qualifying employees. The investment must provide full-time employment for at least 10 qualifying U.S. citizens, permanent residents, or other immigrants who are lawfully authorized to work in the United States.

Applicants must show—through business plans, tax returns, and payroll records—that the enterprise hires the required workers. Clearly identifying employees as opposed to independent contractors or seasonal staff is critical. Most applicants also include an employment timeline, outlining planned hiring to meet program requirements.

Employees must receive wages directly from the new commercial enterprise. Temporary, seasonal, or contractor positions do not count as full-time jobs for purposes of the EB-5 visa program.

Applying for an EB-5 Visa

To obtain an EB-5 visa, the applicant must file an application with USCIS accompanied by evidence showing that the investor has invested, or is actively in the process of investing, lawfully obtained capital in a new commercial enterprise that will create at least 10 full-time positions. Upon approval, the immigrant receives a conditional resident green card for two years.

You must prepare all financial, organizational, and employment documentation thoroughly before filing your application. Each applicant should review the forms for accuracy and submit business plans and all supporting documents required by U.S. immigration authorities. Tracking deadlines and responding quickly to requests for further evidence keeps the process moving and avoids holdups.

Many investors also want to understand how the EB-5 process fits with their broader immigration plans, such as future naturalization or bringing family members to the United States. Working with an EB5 visa attorney who understands both business and family immigration can help you coordinate timelines and avoid conflicts between different filings. Careful planning is especially important if you live abroad and must schedule consular processing or travel to and from the United States during your application.

To remove the conditions on the green card after two years, the investor must provide the following:

• Evidence that the immigrant investor invested or was actively in the process of investing the required capital;
• Evidence that the immigrant investor sustained the enterprise and investment;
• Evidence that the immigrant investor created 10 full-time jobs for qualifying employees.
• After the two-year conditional period, the investor must submit another application to USCIS to remove the green card conditions.

Common Pitfalls & How to Avoid Them

Many applicants encounter obstacles during the EB-5 visa process that can slow down or jeopardize their immigration plans. Some overlook key documentation requirements and face delays. Others misclassify workers or misunderstand what types of business activities qualify as “substantial changes”—both can result in compliance issues. 

To reduce the risk of common EB-5 problems, consider the following steps:

• Maintain complete documentation by saving contracts, bank records, corporate filings, and employment records in an organized format that can be easily provided to immigration authorities.
• Verify job classifications so that workers counted toward the 10 required positions are truly full time, receive wages directly from the enterprise, and are not independent contractors or temporary staff.
• Monitor business performance to ensure the enterprise continues operating, generates activity consistent with the business plan, and supports the jobs you are relying on for your petition.
• Plan for source-of-funds questions by gathering records early and identifying any transfers or transactions that may require additional explanation.

To avoid these pitfalls, review all program rules before you begin and keep complete records of every transaction and organizational decision. Consulting a knowledgeable EB-5 visa attorney during each stage of the business immigration process can help you address complex matters such as proving lawful sources of funds or demonstrating job creation. Consistent communication and detailed documentation strengthen your application and support your progress if government agencies request additional information.

Applicants in San Jose and throughout Santa Clara County also need to account for local business regulations, zoning rules, and employment laws that may affect how a new commercial enterprise operates. If your EB-5 project involves commercial property or complex hiring structures, working with a legal team familiar with both federal immigration standards and California business requirements helps you avoid conflicts that could trigger questions from USCIS. Taking time to align your corporate, tax, and immigration strategies from the start reduces the likelihood of costly corrections later.

How Our Approach Supports Your EB-5 Journey in San Jose

We draw on many years of legal experience and our background as immigrants to provide tailored support at every stage of the EB-5 process. Each client receives guidance from an attorney who listens closely to their goals and anticipates common questions. We communicate clearly, explain every legal requirement, and outline what to expect as your application moves forward.

When you work with our firm on an EB-5 matter, you can expect:

• Attorney-led representation on every case, rather than having your file managed primarily by support staff or non-lawyer personnel.
• Personalized case strategies that account for your investment profile, family situation, business experience, and preferred immigration timeline.
• Transparent fee structures with flat fees and available payment plans so you can plan for legal costs alongside your overall investment budget.
• Consistent communication through regular updates, clear explanations of each step, and prompt responses to your questions about the EB-5 process.

Our team values transparency, offering flat fees and payment plans to assist clients with varying financial needs. By representing your best interests and relying on our knowledge of business immigration law, we help you move through the EB-5 process with greater confidence.

Because we are based in San Jose, we regularly assist founders, executives, and investors working in and around Silicon Valley who are evaluating whether the EB-5 route fits their long-term plans in the United States. When you work with an EB5 visa attorney San Jose investors trust, you can discuss how your investment, business objectives, and family considerations fit together and receive guidance that reflects the realities of doing business in this region. We stay available to answer questions throughout the process so you do not have to manage these decisions alone.

Working With an EB-5 Visa Lawyer in San Jose

Choosing the right legal support is an important step for investors considering the EB-5 program. An EB5 visa lawyer in San Jose can help you evaluate whether a direct investment, a regional center project, or another structure better matches your risk tolerance, business experience, and timelines. By reviewing your goals at the outset, we can help you decide if EB-5 is the most appropriate path or if another immigration option may be a better fit for your circumstances.

Many of our clients in Silicon Valley balance EB-5 planning with active business operations, family responsibilities, and travel between the United States and their home countries. We coordinate closely with your financial advisors and business partners so that source-of-funds documentation, corporate filings, and investment agreements are aligned with USCIS requirements. When needed, we also help you understand how proceedings at local venues such as the U.S. Citizenship and Immigration Services field office that serves Santa Clara County may affect interview scheduling and case processing.

Throughout the representation, we focus on clear communication and predictable processes so you always know what to expect next. We explain document checklists in detail, discuss realistic timelines, and prepare you for potential requests for evidence or follow-up questions. This collaborative approach allows you to make informed decisions with a full understanding of both the immigration rules and the practical realities of investing and living in the San Jose area.

If you would like to apply for an EB-5 visa in San Jose, call Verma Law Firm today.