Investment: To apply for an EB-5 investment visa, an investor must make a qualifying investment of a minimum of $1 million, or $500,000 if the business or regional center is located in a rural or targeted employment area.
Application for Visa: After making a qualifying investment, the investor must file Form I-526, Immigrant Petition by Alien Entrepreneur, with supporting evidence requirements. If the petition is granted, the investor will apply for a two-year conditional green card by filing Form I-485 if the investor is already in the U.S. or by applying for an immigrant visa at a U.S. Consulate. If the petition is denied, the regional center will refund the investment.
Application to Remove Visa Conditions: Within 90 days of the two year anniversary of receipt of a conditional green card, the investor will apply to have the conditions removed. To have the conditions removed and to receive permanent residency in the U.S., the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions, and show the investment is sustained and that a minimum of ten U.S. full-time jobs were created by the investor’s investment.
Eligibility for Citizenship: An investor is eligible for U.S. citizenship five years from the date conditional permanent residence was obtained.
Evaluate Project Offering
- Project's offering materials are presented to the Overseas Accredited Investor
- Investors along with their legal/financial and tax representatives are asked to evaluate the project
Complete Investor Questionnaire
- If a decision is made to invest, Investors must execute an Investor Questionnaire, subscription and escrow agreement
- Investors must satisfy the Financial Institutions screening process prior to depositing the qualifying investments
Wire Transfer to Escrow
- Once investor passes the financial institutions screening process, investor irrevocably commits $500,000 by wire transferring to escrow account along with the administrative fee.
If approved, investor may proceed to next steps.
If not approved, the $500,000 investment is returned to investor.
Prepare & Submit I-526
- The investor’s immigration counsel’s works with the Regional Center to collect project-specific documentation to be used in compiling the I-526 Petition.
- Once the I-526 application is prepared, the I-526 application package must be sent to the Funding Company's immigration counsel for review.
- Counsel will review the application to ensure that documentary evidence has been provided in order to clearly demonstrate the lawful source of the investment.
- If no further information is required, the Regional Center will notify the investor/ immigration attorney to proceed with submission of the I-526 Petition to USCIS.
Upon approval of I-526, Investor may apply for Lawful Permanent Residence via Consular Processing (when Investor is outside of United States) or Adjustments of Status (when investor is in valid non-immigrant status in the United States).
Please note that adjustment of status is not available in some instances, such as investor's entrance pursuant to the Visa Waiver Program. Consult an Immigration Attorney for case-specific advice.
Co-ordinate with NVC (if not adjusting status)
- Approval of I-526 is forwarded to the National Visa Center (NVC) for processing.
- The NVC will contact investor with information, forms, and document requirements for completion prior to the scheduling of a visa interview at the U.S. Consulate.
- More information is available here.
Submit I-485 (if adjusting status)
- Investor must submit I-485 application to USCIS if adjusting status in the United States
- Investor's immigration attorney will assist the investor with the required forms to be submitted with I-485 application.
- Once an interview has been scheduled, Investor will be asked to take a medical examination. These results must be presented at the interview.
- Investor must review the interview guidelines prior to the interview to ensure that correct documents are taken to the interview
- More information is available here.
During the time the application is pending, investor and family are able to obtain employment and travel authorized by USCIS.
Subject to few exceptions, applicants for Adjustment of Status must receive advance permission to return to the United States if traveling outside the United States.
This advance permission is called Advance Parole.
If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS.
U.S. Consulate Interview
- Condition Residence is usually granted at the time of interview.
- Upon visa approval, Investor and family members must enter the United States prior to receiving their Lawful Permanent Residence card.
- More information available at: USCIS.gov
Upon approval of I-485 application, Investor and family member will receive a Welcome Notice, and shortly thereafter, a Lawful Permanent Resident Card as evidence of their new status as Conditional Residents of the United States
- Application must be submitted to remove the conditions of their Lawful Permanent Residence status within 90 days of the expiration of Investor's conditional residence in the United States
- Investor's legal counsel will submit Form I-829 for the removal of conditions
- Conditions are removed from Investor's and family members' lawful permanent residence upon approval of I-829
- Investor and his/her family may apply for citizenship within 4 years and 9 months of their initial entry date.