To obtain U.S. permanent residency through the EB-5 green card process, immigrant investors, along with their spouses and unmarried children under 21, must navigate the EB-5 immigration program, understand the EB-5 green card processing time, and follow the structured EB-5 application process, EB-5 visa process, and overall U.S. EB-5 process provided by Green Card Fund through the following steps:
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In the initial phase of the EB-5 process, a potential investor should consider evaluating EB-5 investment opportunities, including reviewing project documents and evaluating the track record of the regional center and developer that are involved in the project. Additionally, the potential investor may want to retain an immigration attorney at this time.
Once the investor has identified a project for EB-5 investment, they will sign the project’s subscription agreement and begin wiring money to the new commercial enterprise.
After subscribing to a specific project, an EB-5 investor will work with their immigration attorney to file their I-526E petition, which is the initial EB-5 application process that is filed with USCIS. The I-526E will include information about the applicant and the project they have selected for their investment.
After a petitioner’s I-526E is approved by USCIS they will need to schedule an interview with the U.S. consulate in their home country to obtain their two-year conditional green card. If the petitioner is already in the U.S. on another visa, they will need to work with their immigration attorney to file a petition to change their visa status.
After successfully completing their consular interview or adjusting status, the petitioner will be able to enter the U.S. on a two-year conditional green card. They will have all the rights and privileges of a permanent green card holder.
Near the end of their two-year conditional green card the investor will file their I-829 to prove to USCIS that their investment led to the creation of 10 new U.S. jobs.
After the job creating entity has repaid the new commercial enterprise, the investor can be repaid their original capital contribution of $800,000. The earliest tis can occur is two years after the money has been provided to the job-creating enterprise. Additionally, the job creation requirement must have been met at this time.
