Below is a broad outline of the step-by-step process that an investor will encounter in the entire life-cycle from deciding to invest in an EB-5 Investor Visa Program to acquiring a US Permanent Residence (Green Card) in the U.S. The intention is only to allow every investor to have a broad understanding of the USA Residency by Investment process.
- Investor Questionnaire – The potential investor is provided a “Questionnaire” to compile background information, relevant to the EB-5 Application, in order to make sure the investor will qualify for USA Immigration.
- EB-5 Lawyer – Our internationally recognized EB-5 lawyer will discuss all relevant issues, including legal fees, associated with the Project and Application process.
- EB-5 Documents issued – Once all contours of the agreement between the investor and our EB-5 lawyer are agreed to and an agreement signed, the EB-5 Application Process documents are sent to the investor.
- Investor studies and signs project documents-The investor reviews all project documents and consults with advisors to ascertain the feasibility of the EB-5 project. Once comfortable with the project, investor signs all documents. These documents also outline the quantum of deposit of the initial investment amount, plus any associated fees, to be transferred to an agreed escrow bank account.
- Investor Wires funds– Funds are wired into the specified escrow bank account immediately upon signing of all documents by the investor.
- Application of I-526 – The EB-5 lawyer prepares the I-526 application for the investor and eligible family members.
- Filing of I-526 and issue of Receipt– The EB-5 lawyer submits the I-526 application on behalf of the investor and his/her eligible family members and subsequently issues the “Confirmation of Receipt” of the I-526 application. Note : Filing of the I-526 does not give you any right to stay and/or work in the US. For an investor to have the right to remain in the US, he/she must file the adjustment. Please refer to Point 9 below.
- Conditional Green Card– Once Form I-526 application is approved and the investor completes the consular process, the investor and eligible family members will obtain a “Conditional 2-year Green Card”. During the 2 year conditional residency period, the investor and family are required to fulfil residence requirements.
- Conditional Residency can be attained in either of the two following ways–
- If the EB-5 investor already has lawful status in the US, then they must file Form I-485 to adjust their status to “Conditional Permanent Resident.”
- If the investor does not have lawful status in the US, then they must file for an immigrant visa by filing Form DS-260 with the ‘National Visa Centre’. An interview at the local embassy will be part of this process
- Move to the US– The investor and eligible family members may now use their Conditional Green Card to move to the US. The Conditional Green Card is valid for 2 years.
- Filing I-829 Application– Within a 90 day period before the expiry of the investor’s Conditional Green Card, the EB-5 lawyer will file a Permanent Green Card (Form I-829) Application on behalf of the investor and eligible family members, in order to remove the conditions on the 2-year Conditional Green Cards.
- Permanent Green Card – Once the I-829 application is approved, conditions are removed. Investor and eligible family members will now receive a 10-year Permanent Green Card, which is renewable indefinitely. Also, upon satisfaction of all USCIS requirements and successful completion of the EB-5 project, the investor can look forward to being finally repaid their USD 500,000 (or USD 1,000,000) investment.
- US Citizenship– Investor and eligible family members may qualify to apply for US Citizenship within 4 years and 9 months after conditional residency I-526 is approved, provided other naturalization requirements are met.