Stage 1:
0-3 Months:
Potential EB-5 investors conduct due diligence on the EB-5 Program and evaluate possible agents. Once they have settled on applying to the program and have selected an agent, this agent will assist them with finding the right EB-5 project. The EB-5 investor will then select an EB-5 project and an EB-5 regional center, and retain an EB-5 immigration attorney.
The EB-5 investor’s agent and attorney will assist with preparing escrow for the transfer of capital from the EB-5 investor to the EB-5 project. There is a lot of documentation that needs preparation, such as showing evidence of the investor’s lawful source of funds. The EB-5 investor’s bank will then wire the funds (this is the minimum investment amount plus fees) into the escrow account.
The EB-5 investor’s attorney will then prepare and file the EB-5 investor’s I-526 Petition.
Stage 2:
1-1.5 Years:
If USCIS approves the EB-5 investor’s I-526 Petition then the investor attends an interview at the U.S. Consulate. Next the investor’s funds will be released from the escrow account and into the EB-5 project they selected. At this point, the investor and their family can retrieve their visas (conditional green cards) from the Consulate so that they can enter the United States, or if they’re already in the United States, they can file for an adjustment of status. Funds are released back to the investor if their I-526 Petition is rejected.
Stage 3:
3-3.5 Years:
The investor can live in the U.S. for two years on their conditional green cards while they wait for their EB-5 projects to be developed so that they can meet all the requirements of the program. If, after two years, all the EB-5 investor’s program conditions have been met, then the investor’s attorney can file the I-829 Petition to remove all the investor’s conditions so that they and their family can obtain permanent green cards. The two major conditions investors must prove are: 1. The funds were invested in the EB-5 Project and 2. The investment created 10 full-time positions for qualified U.S. workers.
Stage 4:
4-4.5 Years:
If USCIS approves of EB-5 investors I-829 Petition then the investor and their family will receive their green card status.
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