How Do I Get an EB-5 Visa?

For foreign nationals interested in immigrating to the United States, the EB-5 visa is an undoubtedly appealing option. By investing at least $900,000 in an American business or development you can become eligible for a permanent green card in just a few short years. Perhaps you’ve read about the program and are ready to start the process for yourself. Our quick step-by-step guide will give you an overview of the EB-5 application process and ensure that you know what to expect before you begin.

1. Evaluate if the EB-5 Program is Right for You

First and foremost, investors need to be familiar with the EB-5 programs requirements, and whether they can meet those requirements. The US immigration system is complicated, but the EB-5 program is pretty straight forward.  The EB-5 program requires you to invest capital, prove  your capital can be traced to lawful sources and ensure that your capital is invested into the U.S. economy such that you create the required ten (10) full time jobs.    

2. Choosing a Project.

Once you have decided that the EB-5 program is right for you, the next step is to choose a project to invest in. Important factors to consider are financial stability of the investment and the chances of success in fulfilling immigration requirements to receive your visa. The physical location of the project is also an important consideration, as projects located in a TEA (Targeted Employment Areas) are subject to lower investment requirements.

You’ll also need to decide whether you’d like to invest directly, or though a regional center. Direct investment might be preferred by an investor who wishes to have a particularly hands-on role in their chosen project, but most EB-5 investors chose to take advantage of the benefits offered by regional centers.

3. Invest Your Capital and Start Your I-526 Petition

Once you’ve decided on a suitable project to invest in its time to begin your investment. Consulting with an immigration attorney will help to make this process a smooth one. After investing your capital, it will typically be held in an escrow account by the project. At this point you can begin to collect the necessary paperwork to begin filing your I-526 petition. Although you can complete the form yourself, hiring an immigration attorney is highly recommended. After submitting your I-526 to USCIS you’ll receive notice that your petition has been filed, as well as a priority date which tells you when you will be eligible to apply for a visa.

4. Receive Your Green Card

Once your I-526 is approved, and a visa is available, you can apply to receive your conditional permanent residency card. This process differs depending on where you reside when you file for your visa. If you are currently living in the US under certain non-immigrant visas, you may have the right to file an I-485 application to adjust your status. Otherwise, those living outside the US will need to file a DS-260 at your local US embassy or consulate. As you might expect, it’s highly recommended that you consult with an immigration attorney before filing any paperwork. Once your I-485 or DS-260 has been approved you will receive conditional permanent resident status in the US for two years. 

5. Remove Conditions From Your Green Card

Once you’ve received your conditional green card you can begin living in the US. Then, after two years you can apply to become an unconditional permanent resident of the US by filing an I-829 petition. This form must be completed within the final 90 days of your conditional residency. It requires that you have met the USCIS physical presence requirements, as well as provide evidence that your investment has been at risk for the duration of the EB-5 process, and that it resulted in the creation of 10 full-time jobs (those who invest through a regional center need only prove the 10 jobs were indirectly created). Once again, letting an immigration attorney handle filing this petition is highly recommended. 

6. Become a Permanent Resident

After your I-829 is filed and approved, you, your spouse, and any qualifying children can receive your unconditional green cards. You’ve at last arrived at the end of the EB-5 process and now can permanently live and work in the United States.

Fill out our quick evaluation form now and get started on the path to receive your EB-5 visa today.