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Once an investor’s I-526 Immigrant Petition by Alien Entrepreneur is approved, the next step is the EB-5 interview at the U.S. Consulate in your home country.
The purpose of the interview is to confirm your eligibility for admission to the United States and your knowledge of the EB-5 investment.
There are two key components to an EB-5 interview. Here’s what you need to know to prepare.
1. What to bring to the interview. You will be required to bring original documents or translated copies of most the following:
– A valid passport
– Original birth certificates for each family member
– Marriage license (or divorce decree)
– Health records
– Police reports
– I-526 Petition cover letter
– Statements showing funds transferred out of escrow and into EB-5 project
– DS-260 visa application
2. What you will be asked to discuss. There are two areas the interviewer is going to ask an investor about. These include:
Basic knowledge of the EB-5 new commercial enterprise (NCE) from the (found in the project’s private placement memorandum [PPM]) or brochure) as well as information about you and your investment:
– Name, industry, description, job creation estimate, current project status, percentage of EB-5 capital compared to total capital invested in the NCE
– Investor background information, prior visas, how EB-5 funds were gathered, source of funds path and documentation, how your funds were used in the project, date of I-526 approval
Grounds for possible inadmissibility:
– Any prior criminal violations
– Past visa denials
– Unauthorized U.S. entries
– Misrepresenting immigration material facts
– Red flags raised from prior U.S. visits
– Fraud
– Health risks
The entire interview process is fairly quick. It will likely take 30-45 minutes, but it’s critical that EB-5 investors come prepared. Immigration attorneys can prepare their clients on the interview and how to answer case-specific questions.
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