Apply For Citizenship — How EB-5 Investors Go About Becoming US Citizens

The goal of many EB-5 investors is to obtain US citizenship for themselves, their spouses and children. Read below to see how an EB-5 investor can apply for citizenship and how long they can expect the process to take to complete.

Getting to the goal of being able to apply for citizenship (naturalization) starts with fulfilling the EB-5 Program requirements. To become eligible for US citizenship, an EB-5 investor must receive conditional permanent residency and then unconditional permanent residency. An EB-5 investor may then be eligible to apply for citizenship 5 years after receiving conditional permanent residency.

Avoid delays that may cause you to have to wait longer for I-526 Petition approval or I-829 Petition approval. Tips for a smoother process:

• Build a strong team:
  • Select a reputable Regional Center with a strong history of I-526 petition approvals
  • Select an experienced EB-5 immigration attorney
• Develop a strategy:
  • Select investment funds that are easiest to document and provide lawful sources for in order to avoid requests for further evidence (RFE’s)
  • Use your spouse’s country of origin if you’re from a visa backlogged country and they are not
• Conduct thorough due diligence:
  • Learn about the Regional Center and project. A few questions to ask:
    • Is the regional center USCIS designated?
    • What’s their track record?
    • How long has the regional center been around for?
    • What’s their reputation?
    • What’s the developer’s reputation?
    • How many projects have they sponsored?
    • How strong is their business plan?
    • How many I-526’s and I-829 approvals have they received?
    • What’s their job-creation methodology?
    • Do they have a job creation buffer?
    • Does their project qualify for a targeted employment area designation under the new EB-5 modernization rules?
    • What’s the exit strategy?
    • What’s the rate of return on the investment?

Once you’ve obtained lawful permanent residency, in order to maintain eligibility for US citizenship an EB-5 investor must:

• Must establish a residency
• Must not travel outside of the US for more than 6 months out of the year
• Must pay US taxes and abide by all laws

Apply for citizenship:

File the form (Form N-400, Application for Naturalization) with supporting documentation and pay the fees. You can file this form online at the above link or consult with your immigration attorney for assistance. Go to your biometrics appointment, if applicable. Then there is an interview, a citizenship test and an Oath of Allegiance ceremony. Case processing times vary by location and can be checked here.

Interesting in the EB-5 Program pathway to US citizenship? Learn more by filling out our free evaluation form below.