The EB-5 immigrant investor program offers a pathway to the U.S. permanent residency through investment. Below is an overview of the key steps involved in the EB-5 visa process.
- Choose an EB-5 project:
The first step in the EB-5 process is selecting a suitable investment project. This can be done through direct investment or by choosing a project through a USCIS – approved regional center. Regional centers are the preferred option for many investors as they handle the day to day operations, making it easier for the investor. Additionally, they offer more flexibility in meeting job creation requirements.
- Make the investment :
Once the project is selected, the investor must contribute the required capital to the commercial enterprise. If the investment is made in a Targeted Employment Area, the minimum amount required is 800.000$. For projects outside of TEAs, the required investment is $1.050.000.
- Submit forms I-526 e/ I-526 :
After making the investment, the investor must file an immigrant Petition with USCIS. Form l-526 is used for direct investments, while l-526 e is used for regional center investments. These petitions demonstrate the investor’s eligibility for the program and verify that the investment meets the necessary requirements.
- Receive a conditional green card:
Upon approval of the l-526 petition, the investor and their immediate family can apply for conditional permanent residency (Green Card), valid for two years. If the investor is already in the U.S, they must file form l-485 to adjust their status.
- Remove conditions
To remove the conditions on their Green Card, investors must file Form l-829 within 90 days before their two year period expires. The petition must demonstrate that the investment has been maintained and that the required jobs have been created or preserved.
- Obtain permanent residency :
Once the I-829 petition is approved, the investor and their family members will receive unconditional permanent residency in the U. S granting them the freedom to live, work, and study anywhere in the country.
- Apply for U. S citizenship
After holding permanent resident status for five years, the investor and their family can apply for U. S citizenship. To be eligible, they must have resided in the U.S for the past five years as their primary country of residence.