How to file for EB-5 visa?

EB-5 Visa Process – Step by Step

  1. Choose Investment advisor & Immigration attorney.
  2. Find an EB-5 Project that meets EB-5 program requirements.
  3. Investment of capital & filing of I-526 application with USCIS.
  4. Apply for Adjustment of status (I-485 application) and DS-260 form.
  5. 2-Year conditional Green card.
  6. Permanent residency & I-829 petition.

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Detailed Steps:

Complete preliminary steps like finalizing your investment advisor and immigration attorney, identifying the right investment vehicle, and initiating the investment process. Investors should check that any direct or third-party promoters for an EB5 investment are registered with USCIS through Form I-956K (Registration for Direct and Third-Party Promoters). USCIS requires direct or third-party promoters (including migration agents) of regional centers, new commercial enterprises, job-creating entities, and issuers of securities to EB5 investors to register with Form I-956K as per the EB-5 Reform and Integrity Act (RIA) of 2022.
The investor submits an I-526 application, prepared by the experienced immigration attorney, accompanied by 5 years of tax returns to substantiate the source of investment funds. The funds can be the investor’s own money or in the form of a loan not secured by the EB-5 investment or a gift, which would allow a parent to give the funds to a son or daughter. Gift taxes, if required in the investor’s home country, must be paid. The investor must also present evidence, through bank transfers and other financial documentation that the invested capital came directly from the investor to our EB-5 office. The I-526 will be accompanied by all the other documentation to fulfill the requirements of the petition.
After the investor completes their due diligence on the EB-5 project or business, the investment is made and an investor I-526 Petition is filed with USCIS, requiring USCIS to certify that the applicant and the investment are eligible for EB-5 status. The approval of the I-526 petition takes from 16-18 months. Once USCIS approves the investor’s Green Card, it is conditional for a period of 24 months (two years). Conditional Green Card status confers the same rights as the permanent unconditional Green Card.
You then submit a Removal of Conditions petition before your conditional permanent residency ends. Form I-829 is the petition used to file for the Removal of Conditions on your Green Card. Once the condition has been removed, an unconditional EB 5 green card is granted for permanent resident status in the United States. From the time of application for the conditional Green Card until approval of the Removal of Conditions, is approximately five years. Thereafter, in approved EB5 Regional Center programs, depending on the terms of the agreement, the investment may be sold, and the investor will maintain the permanent Green Card. U.S. Citizenship is possible approximately two and a half years later (a total of five years after approval of the conditional green card by investment), upon satisfaction of U.S. residency and other requirements.

EB-5 Visa Process FAQ

After the I-526 petition is approved, the file is forwarded to the National Visa Center (NVC) so they may collect certain supporting documents from the investor applicant. Once the file is complete, then the next step is to receive an interview appointment
If the investor applicant is in proper legal status in the US when their I-526 is approved, they would file Form I-485, Application to Adjust Status, and related forms which can take anywhere from 9-24 month depending on the service center where the application is filed.
Yes, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an Advance Parole Travel document that remains valid through his/her date of return to the US.
Yes, one has the right to remain in the United States while the Adjustment of Status application is pending.
Once an I-526 is approved, if the applicant is outside the US, the National Visa Center coordinates collection of certain documents from the investor and sends the file to the local consulate which then schedules the interview – this entire process can take anywhere from 3-9 months.