The EB-5 Investor Visa program offers foreign investors a pathway to U.S. permanent residency by making a significant investment in the U.S. economy. This visa is particularly appealing to individuals looking for a straightforward route to obtaining a Green Card for themselves and their families. Below is a step-by-step guide to help you understand the EB-5 visa process:
Step 1: Determine Eligibility
Before starting the EB-5 visa application, ensure you meet the following requirements:
- Invest at least $1,050,000 in a new U.S. business, or $800,000 in a Targeted Employment Area (TEA) (rural or high-unemployment area).
- Create or preserve at least 10 full-time jobs for U.S. workers.
- Prove the investment funds are obtained legally.
Step 2: Select an EB-5 Investment Option
You can invest in either:
- Direct Investment: Establish and manage your own business in the U.S.
- Regional Center Investment: Invest through a government-approved Regional Center, which pools funds for larger projects, reducing your need for direct business management.
Step 3: File Form I-526E (Immigrant Petition by Standalone Investor)
Once your investment is secured, your immigration attorney will file Form I-526E with the U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates:
- The legitimacy of your investment.
- Proof that the required jobs will be created.
- The lawful source of your investment funds.
Step 4: USCIS Review and Petition Approval
USCIS reviews the I-526E petition, which may take 12-24 months or longer, depending on processing times. If approved, you can proceed to the next step.
Step 5: Apply for a Conditional Green Card
If you are outside the U.S., you must:
- Submit Form DS-260 to the National Visa Center (NVC).
- Attend a visa interview at a U.S. consulate or embassy.
- Obtain a conditional Green Card valid for two years.
If you are already in the U.S., you may file Form I-485 (Adjustment of Status) to transition from another visa status to an EB-5 conditional Green Card.
Step 6: Enter the U.S. and Begin Residency
Once your EB-5 visa is approved, you and your family can enter the U.S. and begin fulfilling the investment and job creation requirements while residing in the country.
Step 7: File Form I-829 to Remove Conditions
Before the two-year conditional Green Card expires, you must file Form I-829 to remove conditions and obtain a permanent Green Card. This petition must prove that:
- Your investment remained in place for the required period.
- The required jobs were created.
Processing takes 12-24 months, and once approved, you and your family receive unconditional Green Cards.
Step 8: U.S. Citizenship (Optional)
After holding a Green Card for five years, you can apply for U.S. citizenship by filing Form N-400 and completing the naturalization process.
Conclusion
The EB-5 Investor Visa is an excellent opportunity for foreign investors to gain U.S. residency while contributing to economic growth. At Skyleap Immigration, we provide expert guidance throughout the entire EB-5 process, from investment selection to obtaining your Green Card and eventual citizenship.
Contact Skyleap Immigration today to start your EB-5 journey and secure your future in the United States!