How long does the EB-5 process take?
Generally, the I-526 adjudication process takes about 15-18 months for the EB-5 investor to receive an approval. A conditional two-year green card is usually received within two years of the initial application. Two months before the expiration of the investor’s conditional green card, the investor must file Form I-829 to remove conditions on his/her permanent residence. This petition takes approximately 24 months to adjudicate. The investor’s conditional green card status is extended indefinitely until the I-829 petition is adjudicated. When the I-829 petition is approved, the investor and his/her dependent children are granted unconditional permanent residence.
While U.S. Citizenship is optional, the investor and their eligible family members may qualify to apply for citizenship within 4 years and 9 months after conditional residency (I-526) is obtained, so long as other naturalization requirements are met.
What kind of background information is USCIS concerned with?
All applicants for non-immigrant visas and green cards will face several security background checks during the immigration process. An investor’s name, date, place of birth and fingerprints will be run against a database maintained by the FBI to make sure there are no “hits”, meaning that no adverse information against the investor is found on various databases such as the Department of Homeland Security, Federal Bureau of Investigation, and various Treasury Department Databases. The U.S. government is concerned with a future immigrant’s involvement with criminal activity, fraud, misrepresentation, health related grounds of inadmissibility, or membership in restricted organizations.
What are the eligibility requirements?
One of the key requirements for immigrating under the EB-5 immigrant investor program is proving that the investor derived the investment funds from a lawful source. The EB-5 investor must prove the lawful source of funds at the I-526 petition stage. The types of documents that have to be provided in order to prove a lawful source of funds are specific to the financial circumstances of each investor.
When do I choose a project and sign documents?
The investor reviews all project offering documents, and consults with advisors on the investment. Once comfortable with the project, the investor signs the offering documents. These documents additionally outline the deposit of the initial investment amount plus any associate fees into escrow bank.
The investor will work with immigration counsel and advisors to prepare these forms, and provide evidence of source of funds. Before accepting investor funds, all investors are screened by USIF and the escrow bank, per U.S. legislation. Once the investor satisfies the escrow bank’s pre-screening requirements, funds are wired into the escrow account related to the project, at the time the offering documents are signed.
When do I prepare the I-526 petition / conditional green card application?
The investor’s lawyer works closely with USIF to prepare the initial green card application (I-526 petition) for the investor and eligible family members. The investors immigration counsel files the I-526 with the USCIS, and the case is assigned a receipt number for tracking.
When do I receive my conditional green card?
Once legal counsel submits the I-526 petition the investor needs to complete the consular process to gain I-526 approval. This can be done in two ways, and depends on where the investor resides at the time of application.
Consular Processing(Investor resides outside of the United States) Approval of I-526 is forwarded to the National Visa Center (NVC) for processing The NVC will contact investor with information, forms and requirements for completion.An interview will be scheduled with the U.S. Consulate.Once interview is scheduled, NVC notifies investor with interview requirements.Requirements include a medical exam to be presented at the interview, as well as all executed documents within the Consulate General’s guidelines.Conditional residency is usually granted at the time of the interview.The investor and eligible family members obtain a conditional 2-year green card.The investor and their family may move to the United States with their conditional green card, which remains valid for 2 years. | Adjustment of Status Processing (Investor is a valid non-immigrant status in the United States)Investor submits I-485 petition to USCIS. The investor’s attorney will assist with forms. Separate petitions/applications need to be submitted for qualifying spouse and children (unmarried, under 21).Advance Parole: Applicants need to receive advanced permission to US when traveling outside of the United StatesWhile application is pending, the investor and eligible family members may be able to obtain employment and travel authorized by USCIS.If advanced parole is not granted, the application for citizenship with USCIS is abandoned.Upon approval, the investor and eligible family members obtain a conditional green card, which remains valid for 2 years. |
When do I prepare the I-829 petition / permanent green card application?
Within 90 days of the expiration of the investor’s conditional green card, the investor’s lawyer files the permanent green card application (Form I-829) on behalf of the investor and their family, to remove conditions from their 2-year conditional green cards.
When do I receive my permanent green card?
Once the permanent green card application (form I-829) is approved, conditions are removed and permanent residency is granted. The investor and eligible family members will receive a ten-year permanent green card, which is renewable indefinitely.
When can I obtain U.S. Citizenship?
While U.S. Citizenship is optional, the investor and eligible family members may qualify to apply for citizenship within 4 years and 9 months after conditional residency (I-526) is obtainer, so long as all other naturalization requirements are met.
Source of funds report: Can my EB-5 investment funds originate from a salary earned in the United States?
Yes.
WHEN CAN I FILE A REGIONAL CENTER RELATED I-526?
Individuals seeking status as an immigrant investor whose investment project is associated with a regional center (with an approved Form I-956 after May 14, 2022), may file a Form I-526, Immigrant Petition by Alien Entrepreneur.
Only after the regional center has submitted a project application and received a receipt number for that application. USCIS has resumed processing regional center-related Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before June 30, 2021, the sunset of the previous regional center program.
USCIS will adjudicate those Forms I-526 petitions according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place prior to the enactment of the new legislation on March 15, 2022).
