EB-5 Visa Process

Steps In The Process

Obtaining a green card through the EB-5 program is more complex than a simple application. It is a process that can span years and requires due diligence, foresight, and planning for the immediate - and future - application requirements. EB-5 Resources is your partner for every step of the process from project selection to permanent residency.

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Initial Consultation

Our first step is to understand your needs and how they relate to the EB-5 program requirements. The EB-5 process is complex and nuanced, making it difficult for even experienced investors to navigate. We assist you in finding an EB-5 pathway that fits your needs. As part of our consultation, we will analyze:

Your financial and risk profile

Your current immigration status and needs

Your long term goals and how the EB-5 process fits into your bigger picture

Based on your profile, we will match you with an experienced immigration attorney that is knowledgeable about both the nuances of your case and the conditions of your country of origin.

From a legal perspective, one of the most rigorous requirements of the program is verifying that the money you used for your EB-5 investment came from legitimate sources. As most investors do not obtain their entire EB-5 investment from one source, it is important that we consult with your immigration attorney to ensure that both the sources and path of funds are documented in compliance with U.S. law.

Project Comparison and Research

Next, we will work with you to compile a shortlist of investment projects that align with your investment risk profile and are fundamentally strong relative to EB-5 program requirements. We conduct in-depth due diligence to ensure that each project is viable and the information provided from project sponsors is accurate. To learn more about the EB-5 selection process and the important role we play in that process, please click here.

Based on our research and due diligence, we will map the pros and cons of the projects on your shortlist and help you make your final decision. We then act as an intermediary between you and the Regional Center sponsoring the project to ensure that your place is reserved.

Filing the EB-5 Petition

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Once a project is selected and your space has been reserved, you will assemble and submit an I-526 petition with the United States Citizenship and Immigration Service (USCIS).

The Role of the Immigration Attorney

Once a project is selected and your space has been reserved, you will assemble and submit an I-526 petition with the United States Citizenship and Immigration Service (USCIS).

File I-526

After an investor wires the investment and fees to the Regional Center, the attorney will file the I-526 Petition with USCIS for processing. Priority processing is available for investors outside of China for an additional filing fee.
Approximately two to three weeks after filing the petition, you will receive an I-797C receipt notice from USCIS stating that your case was received and the date it was received. This date is your official Priority Date. Once you receive your Priority Date, your petition is in the queue for adjudication by USCIS.

I-526 Adjudication

USCIS takes anywhere from a few months to a few years to adjudicate petitions (depending on priority processing and other factors). While your petition pending adjudication, you must ensure that you maintain your eligibility. For example, if you are already in the United States on a valid nonimmigrant status, your status must remain valid the entire time you are in the United States. In the event you return to your country of origin, your EB-5 eligibility and the status of your petition will not be affected. We can serve as a resource for eligibility questions during this time. We will also assist you in navigating tax issues, including pre immigration tax and estate planning and ensuring interest payments are reflected on your tax returns.

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Evaluate & compare multiple projects. Select a project that will get you your green card and also return your investment. After selecting & investing $900,000 USD, your attorney will file the 1-526.

Receiving Your Conditional Green Card

Once your I-526 is approved, you are eligible to receive your conditional green card. The next steps depend on where you reside. An important note: if your country of origin is in retrogression - meaning there are too many investors for the number of available visas - you cannot proceed until your priority date is called. We can advise on estimated timing based on your country of origin and track priority dates on your behalf.

If you reside outside the United States,

Once your I-526 is approved, you are eligible to receive your conditional green card. The next steps depend on where you reside. An important note: if your country of origin is in retrogression - meaning there are too many investors for the number of available visas - you cannot proceed until your priority date is called. We can advise on estimated timing based on your country of origin and track priority dates on your behalf.

If you reside outside the United States,

you will file an I-485 for change of status rather than interviewing with the Consular. It takes an estimated 10-14 months for USCIS to process the I-495. During this processing period, you can apply for an Employment Authorization Document (EAD) and travel permit if you prefer not to renew or keep your nonimmigrant visa. Once the I-495 is processed, you receive your Green Card in the mail.

With first hand experience in the consular process, we can help prepare you for the visa interview or guide you through the I-485 process ahead of time.

Apply for removal of conditions on green card

The green card you receive is conditional, meaning that it is valid for two years, pending the fulfillment of the EB-5 program requirements. Toward the end of the two-year conditional residency period, your immigration attorney will file your I-829 petition to remove the conditions of the green card. The I-829 package compiled by your attorney will verify that your investment has met the criteria of the program, namely that the project in which you invested has created the 10 requisite jobs for your investment. While your I-829 petition is processed, you can remain in the United States on your conditional green card. Once the I-829 is processed and approved, you will receive a permanent green card.

Return of Funds

According to the EB-5 regulations, you are eligible to receive your investment back once it has remained at risk, and you have completed your entire two-year conditional residency period. This time frame applies even if your I-829 approval is still being processed. Keep in mind that the timing of the investment return is also dependent on the project in which you have invested.

Success

Once you have received your permanent green card and your investment has been returned, your EB-5 journey is complete. After residing permanently in the United States for four years and nine months (starting from the time you received your conditional green card), you are eligible to file for citizenship in the United States.

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