What Are The Steps For Processing an EB-5 Visas Application

EB-5 visas can allow non-U.S. citizens to gain permanent residency in the U.S. as investors. Investors must meet a qualifying capital investment amount spent in a U.S. business. Once granted the visa, the EB-5investors can live in the U.S. with their spouse and any unmarried children under 21 years old included in the application. The EB-5 visa can also allow foreign investors to eventually apply for U.S. citizenship after five years of receiving their permanent green card.

While obtaining an EB-5 visa may seem complicated, here are some basic things to know for background:

  • Rural and high-unemployment areas can need a lower amount of monetary investment than other areas
  • Your investment should create at least 10 full-time jobs for those authorized to work in the U.S.
  • Applicants must source investor funds through legal means

Here are some steps each investor must complete to process an EB-5 visa application:

Finding a Business to Invest In

If you are looking to get an EB-5 visa, find a business or project you can invest in before making a formal application. Immigration requirements may vary according to the business type and location. When finding a suitable business, EB-5 applicants should ensure the business will meet the visa income requirements with their selected project. Create a comprehensive business plan depending on the type of business you want to invest in. You can submit the business plan to the USCIS to offer the following details:

  • The type of business you plan on investing in
  • Your investment amount into the business. USCIS only insists on small investment amounts. Investors can inject as much as they deem workable into businesses or projects
  • The number of jobs you intend to create
  • When your project will create jobs
  • A breakdown of how you will spend investment funds

Investing Capital Requirements Into the Business

You need to invest the capital requirements into your new venture after selecting a business or project. The USCIS does not compel EB-5 applicants to invest; investors can make the payment into an escrow account. This can provide evidence of your ability to invest the funds required when filing an I-526 petition.

According to the USCIS, the least investment amount is $1.05 million or $800,000 if the project is in a targeted employment area (TEA). Targeted employment areas can include rural areas and regions with high unemployment. An investor can input into infrastructure projects the investment amount for targeted employment areas.

Filing an I-526 Petition

Form I-526 is an immigrant petition that proves the applicant’s investment complies with the EB-5 requirements. You file the petition with the USCIS to prove your investment amount is expected to create at least 10 jobs for qualified employees.

Some documents you need when filing your I-526 petition include the following:

  • Personal documents, including copies of your passport, social security card, marriage certificate, professional certifications, and resume
  • Business-related documents can include your business plan, the commercial entity’s certificate of incorporation, and forms 1-9
  • Documentation about your source of funds. These can include supporting documents like personal bank statements and individual tax returns

Expect to hear from the USCIS whether your I-529 petition was approved or denied after about 18 months.

Satisfy the Two-Year Conditional Permanent Residency

EB-5 visa applicants must meet a two-year conditional residency period in the U.S. before they can become permanent residents. The conditional residency allows them to implement their investment project on American soil. Applicants can become eligible for residency once the USCIS approves their I-526 petition.

Filing an I-829 Petition

After the two-year conditional permanent residency status expires, applicants cannot renew. Investors must file form I-829 within the last 90 days before the conditional residency expires. This shows their investment complied with EB-5 requirements, and the jobs created have been sustained for two years. Filing an I-829 petition can help investors gain permanent resident status under the EB-5 green card program.

Get Your Eb 5 Visas

Immigrating into the U.S. as an investor can seem complex, so you may need expert help getting EB-5 visas. An immigration lawyer from a regional EB-5 center can take you through the steps for an EB-5 visa. Their guidance can help you handle the application process.

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