The EB-5 Immigrant Investor Program is one of the employment-based visa options in the U.S. The program aims to boost economic growth by enabling long-term investments by foreign nationals. By doing so, the U.S. attracts global investors and increases job opportunities and economic activity while the investors are granted permanent residency.

Like other employment-based visas, the EB-5 application process can take several years to complete depending on the specific visa category and the investor’s nationality. Within that time, foreign nationals may need to leave the country temporarily. However, there are serious consequences for investors who travel abroad without following the procedures laid out by the U.S. Citizenship and Immigration Services (USCIS).

An Advance Parole (AP) is the most important document an EB-5 applicant needs to travel internationally while their EB-5 process is ongoing. In this article, we will explain the importance of an AP and how EB-5 investors can obtain one through concurrent filing.

Why Is an Advance Parole Important to EB-5 Investors?

Certain travel restrictions generally apply to individuals seeking employment-based visas in the U.S. The immigration process can be lengthy across many visa categories, and within that time, applicants usually need to travel abroad for one reason or another.

EB-5 investors without conditional Green Cards need to file Form I-131 before traveling abroad in order to prevent abandonment of their EB-5 visa process. When USCIS approves this form, EB-5 applicants obtain a special travel document called an Advance Parole (AP). With this document, they can leave the U.S. and re-enter without terminating their EB-5 visa process.

EB-5 investors who fail to obtain an AP before leaving the country risk starting their immigration processes from the beginning. Consequently, the investor’s EB-5 process and adjustment of status (AOS) application may become longer than necessary, making it harder to obtain permanent resident status in the U.S.

While an AP is required for travel abroad, it doesn’t guarantee re-entry. The U.S. Customs and Border Protection (CBP) requests other documents and interrogates foreign nationals on them at the border. Therefore, investors must travel with caution, carry their complete documents, and answer any questions with conviction to ensure the continuity of their immigration processes.

Who Is Eligible to Obtain an Advance Parole?

The first step in obtaining an AP is to ensure you have filled out the right petitions and that your documents are complete. Below, we’ve listed four factors applicants should consider before applying to USCIS for an AP.

Pending Adjustment of Status (AOS) Application

Foreign nationals who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and expect to obtain permanent residency or adjust their status are eligible to apply for an AP. This category includes EB-5 investors waiting to receive conditional permanent residency.

Reason for Travel

Investors must convince USCIS that their reasons for requesting a travel permit are valid. This may include anything from business meetings to leisure purposes.

USCIS also does its part to speed up the AP application where an urgent humanitarian need arises, such as medical treatment or serious family-related issues.

Compliance with EB-5 Requirements

Foreign nationals who apply for an AP must comply with all EB-5 requirements, from the minimum investment threshold to the job creation criteria. Defaulting on any requirements may prevent applicants from obtaining their advance parole documents.

Even after USCIS grants an AP, the agency will revoke the travel permit and terminate the entire EB-5 process if an investor fails to fulfill any EB-5 requirements.

Documentation

EB-5 investors need to present their I-526 or I-526E immigrant petition as proof of their ongoing EB-5 investments in the U.S. They also need a copy of their I-485 petition to show that they are processing permanent residency in the U.S.

Other helpful documents may include medical reports, scheduled business meetings, proof of school engagements, etc., to further validate your AP application.

How to Apply for an Advance Parole as an EB-5 Investor

Previously, U.S. immigration laws prevented EB-5 investors from initiating their AOS application during their EB-5 visa processing. However, changes with the EB-5 Reform and Integrity Act of 2022 now allow eligible EB-5 investors who are present in the U.S. to file for both processes simultaneously through EB-5 concurrent filing.

A key benefit of concurrent filing is that these EB-5 investors can also apply for an advance parole and employment authorization document (EAD) at the same time, meaning that they can benefit from work and travel flexibilities before obtaining their Green Cards.

Furthermore, with the new provision, investors can begin their applications well on time and obtain travel permit documents in a matter of weeks, before any urgent situations arise.

Below is a step-by-step guide for applying for advance parole as an EB-5 investor.

Ensure Your Eligibility

To file Form I-131, investors must be engaged in a pending AOS process, either expecting permanent residency registration or an adjustment of status. Most times, investors show their notice of action document as proof of their pending application status. If you are a foreign national in a valid non-immigrant visa status for whom a visa is immediately available, you may be able to file your I-526E, I-485, and I-131 at the same time.

Fill Form I-131

Once you are certain you are eligible to apply for an AP, the next step is to fill out Form I-131, USCIS’s official application for a travel permit. This step involves providing all the required documents and paying the necessary fees as stated on the USCIS official website. The U.S. immigration agency changes its filing fees periodically, so it is advisable to confirm and pay the correct fee amount to prevent any rejections.

Submit Your Application

Applicants need to mail their forms and fees to their designated USCIS Lockbox Facility. It is preferable to use a trackable mail service so applicants can monitor and ensure the safe delivery of their immigration documents.

The processing times for AP applications can vary. Each applicant’s unique circumstances influence the decision to grant a travel permit. While you can expect the process to take only a few months if not less, you should still do your best to prevent delays.

Once Form I-131 has been approved, USCIS will send the AP, and the investor will be free to travel internationally while their immigration processes are pending.

Challenges Faced by EB-5 Investors Seeking an Advance Parole

Here are some of the challenges investors may face while applying for an AP document.

Extended Processing Time

EB-5 investors often seek travel permit documents for urgent reasons such as medical treatment, illness of a loved one, or even business ventures that directly influence their EB-5 investments. Unfortunately, applicants may experience an undue delay in their AP processing, which could be consequential for them, their families, and their investments.
To mitigate this risk, make sure you file all forms and supporting documents correctly and in full. It is also highly recommended that you seek help from an experienced EB-5 immigration attorney while preparing and filing your applications.

Investing in rural EB-5 projects, which is a set-aside EB-5 targeted employment area category that comes with the benefit of priority processing, can also significantly reduce the wait times for new EB-5 investors.

Impact on AOS Application

Foreign nationals with pending AOS applications must only travel abroad after receiving their travel permit documents from USCIS. Traveling without the approval of Form I-131 can terminate an investor’s EB-5 visa process and their AOS application.

Additionally, EB-5 investors should be mindful of the length and frequency of their travel and try to maintain a stable presence in the U.S. Taking frequent, extended trips abroad may raise concerns as to whether an investor is really interested in obtaining permanent residence in the U.S. Such speculations can affect the success of the EB-5 application and future attempts at naturalization.

Expiry Date and Renewal of Advance Parole Documents

In September 2023, USCIS increased the maximum validity period for advance parole documents to five years. However, applicants should refer to their travel permit documents to know the specific expiration date of their APs.

Since approval for I-131 can take more than a month, it is important to stay ahead by applying for a renewal well before the previous AP expires. Foreign nationals must ensure their advance parole documents do not expire while abroad, as the consequence may be the termination of their ongoing immigration processes.

Regulatory Changes

Periodic adjustments in U.S. immigration policies can affect investors’ immigration statuses and eligibility for advance parole, making the application process more complex than necessary. As a result, investors should try their best to stay informed of changes in the U.S. immigration policies and the EB-5 industry at large.

Obtain an Advance Parole Seamlessly with EB5AN

As is the case with many forms, working with industry experts to obtain travel permits for you and your family can make your application process smoother and ensure the continuity of your EB-5 visa and AOS applications.

EB5AN has assisted over 2,300 families worldwide, ensuring the success of their EB-5 visa processes. If you are an EB-5 investor desiring to travel abroad, or a prospective investor who would like to know more about the steps involved, please schedule a free consultation today and our expert team will be happy to help you.

For decades, Canada has upheld a brand that promotes inclusive economic growth. The country’s policies show a clear aim for sustainable development, aiming to support the vulnerable groups in society. Efforts like the Canada Child Benefit (CCB) program, minimum wage laws, and progressive taxation policies are designed to provide equal economic opportunity for Canadian residents.

The Canadian Department of Finance recently made significant changes to its taxation laws, which include measures to discourage tax avoidance while bridging the income distribution gap among residents.

In this article, we will cover the highlights of Canada’s new tax fairness laws, as outlined in its 2024 budget. Furthermore, we will compare Canadian and U.S. tax laws, and discuss how the EB-5 visa program can benefit Canadian investors.

 

What Is Canada’s Tax Fairness for Every Generation?

The year 2024 will be pivotal for the Canadian taxation system and economy at large, due to the new anti-avoidance tax laws outlined in the country’s 2024 budget documents. The Canadian Department of Finance aims to influence income distribution to favor less-earning Canadians by placing higher taxes on income from capital gains.

Essentially, the Canadian government found that many young people struggle to get by, unlike older generations. The global pandemic triggered a rise in the cost of living, making it difficult for younger middle-class Canadians to achieve financial security. On the other hand, the top one percent in the Canadian economy, comprising an older generation, earns more and pays less taxes.

Acknowledging this problem, the Canadian government, through its finance department, has enacted new tax laws.

Canada’s new tax fairness policy aims to reduce the taxation burden on middle and lower-class individuals while compelling the upper class to contribute more to the economy.

Tax Laws on Capital Gains in Canada

Before the new taxation policies, the Canadian upper class enjoyed a capital gains tax advantage, paying tax on just half of the income derived from capital gains. However, the country’s 2024 budget documents now mandate that individuals who earn over $250,000 in annual capital gains pay tax on two-thirds of their income. Specifically, the new update calls for an increase in capital gains tax from 50% to 67%.

The updated tax policies in Canada imply that individuals who earn a high income from capital investments will pay higher taxes. For example, an individual who makes a $400,000 annual profit from capital investments will pay $125,000 (50% of $250,000) plus $100,000 (⅔ of $150,000) as of June 25, 2024. That is a total of $225,000, a whopping $25,000 more than what they would have paid before June 25, 2024.

An article on tax fairness from the Canadian Department of Finance indicates that only about 0.01 percent of Canadians under 30 are expected to have capital gains above the $250,000 annual threshold in 2025. In other words, the new tax fairness laws mostly affect the older, upper-class demographic.

The updated tax laws maintained the exemption of certain domestic assets from taxation to ease the financial burden on the middle and lower-class demographic. Consequently, assets such as tax-free savings accounts, pension plans, and principal residences will not be taxable, if they are registered accordingly.

Alternative Minimum Tax

Canada’s new taxation laws also updated the previous Alternative Minimum Tax (AMT) system. The system was adopted to curb tax avoidance by limiting the use of tax credits and other tax deduction methods.

Canadian residents with taxable income compare their minimum tax to their usual tax liability to determine whether they will pay AMT. If the AMT is higher, they pay the difference; if it’s lower, they pay their usual tax amount.

The 2024 budget documents modified Canada’s AMT policy to include a broadened AMT base. The government increased the percentage of taxable capital gains, once again targeting individuals who earn a high income from investments.

Canadian vs. U.S. Taxation Laws

Changes in Canada’s tax rules prompt investors to compare taxation laws in Canada and the USA.

While both countries tax high-income earners, the U.S. tax system stands out for its favorable treatment of investors. Unlike Canada, the U.S. offers more opportunities for deductions and credits, providing investors with several pathways to mitigate their tax liabilities and optimize their financial returns.

One key advantage of the U.S. tax system is how it encourages investment and entrepreneurship through various tax breaks and incentives. For example, the U.S. provides generous deductions for business expenses, including research and development costs, equipment purchases, and employee wages. It also offers favorable tax treatment for long-term capital gains, with lower tax rates applied to investments held for more than one year.

The U.S. tax code also allows for a wide range of deductions and credits for specific industries and activities, such as real estate development, renewable energy investments, and charitable contributions. Additionally, investors in the U.S. have more tax-saving options. They can reduce taxes and increase profits through strategic planning.

Ultimately, the choice between Canada and the U.S. as an investment destination depends on personal goals, risk tolerance, and preferences. Canada has its own advantages, but the U.S. stands out with its low taxes and investor-friendly policies.

Investors should seek guidance from qualified tax professionals to make informed investment decisions and avoid losing money.

Obtain Permanent Residency in the U.S. Through EB5AN

The EB-5 Immigrant Investor Program presents the perfect opportunity for Canadian investors looking to immigrate to the U.S. This initiative offers foreign nationals the opportunity to obtain permanent residence in the U.S. in exchange for boosting the country’s economy through investments.

If the taxation laws in the U.S. align with your long-term financial goals, then EB5AN can help you get your Green Card fast. With over a decade of experience, we have successfully facilitated the EB-5 process for over 2,300 families, including Canadian nationals.

For more information on how we can help you kickstart your EB-5 journey, schedule a free consultation with EB5AN today.

Foreign nationals who seek to become lawful permanent residents of the United States must typically file Form I-485, Application to Register Permanent Residence or Adjust Status. This is one of the most important steps in the EB-5 Immigrant Investor Program.

An approved form means the applicant can get a U.S. Permanent Resident Card, more commonly known as a Green Card. This provides many benefits, including the right to live and work in the United States.

However, the application process can be tricky. Making a big mistake on Form I-485 could result in a processing delay at best or a rejection at worst. A denied I-485 means losing out on the benefits that come with U.S. permanent residence, as well as a great deal of time and effort. You don’t want to get this wrong.

In this article, we’ll explain the process of submitting Form I-485 step by step, and tell you who to contact to give your application the best chance of success.

Part 1: Information About You – Names, Addresses, and Arrivals

The first section requires your current legal name. If the name on your current passport has not changed, fill out this section with it spelled exactly as it appears on the passport.

If you have changed your name, provide written evidence that this was done legally. For example, if you got married, include a copy of the marriage certificate.

The second section requires that you provide any other names you have used since birth. If you once had a maiden name, write that out here.

In the section that requests your mailing address, provide one that you can regularly access to get correspondence from the United States Citizenship and Immigration Services (USCIS). This does not have to be your residential address. You can use a P.O. Box if you prefer.

You must also identify the port of entry in the United States where the U.S. Customs and Border Protection (CBP) inspected you.

To complete the Form I-94 Arrival-Departure Record Number section, pull up the I-94 website to locate your record number and other required information.

Part 2: Application Type or Filing Category

The first section requires you to identify your application type or filing category. Select only one. For example, if you are an EB-5 investor, check the box for alien entrepreneur, Form I-526 under the employment-based category.

In the section requesting information about your immigrant category, be aware that if you are an EB-5 investor, you are the principal applicant. Each of your qualified immediate family members applying with you would be considered a derivative applicant.

Part 3: Additional Information About You – Application, Address, and Employment History

First, you should indicate whether you previously applied for an immigrant visa to become a permanent resident of the United States via a U.S. embassy or consulate. In most cases, this means you submitted Form DS-260. If you did apply, provide the city and country of the U.S. facility where you filed and details regarding the decision.

In the next section, fill out your address history and employment history from the last five years. If you don’t have enough room to fill it out completely, use the last page’s Part 14 to finish your entries. Revealing that you were unemployed at any time during that period will not adversely affect your petition. However, being an unauthorized employee in the United States might get your application denied.

Part 4: Information About Your Parents

In this section, you’ll answer questions about your parents. Include the dates and locations of their birth and where they currently reside, if applicable. Indicate if one or both of them has died. If you do not have information about your parents, indicate that you do not know.

Part 5: Information About Your Marriage(s) – Past and Present

If applicable, provide details about your marriage(s), including current and past spouses. This section is most important for those seeking marriage-based permanent residence.

Part 6: Information About Your Children – Names, Birthdays, Birthplaces

Here, you will share information about each of your living biological, adopted, and step children. Fill this out completely, regardless of whether they are eligible to immigrate to the United States with you.

Part 7: Biographic Information – Ethnicity, Race, Appearance

In this section, you will indicate your race(s) by selecting one or more of the options listed. Note that USCIS does not consider Hispanic to be a race; if you are a Hispanic applicant, you must choose one or more of the other options, such as “white,” “black,” or “American Indian.”

Part 8: General Eligibility and Inadmissibility Grounds – Criminal, Security, Financial, and Other Issues

In this section about grounds of inadmissibility for permanent residence, you will need to provide details regarding your past and present organizational affiliation(s) worldwide. These may include political, military, and religious associations.

Study each of these questions closely and double-check each response to ensure you do not misrepresent anything. Some applicants have engaged in activities that resulted in their I-485s being denied. The greatest risk to your application comes from participation in organizations that violate American laws and values.

You may wish to consult an experienced immigration attorney in drafting your responses to these questions.

Part 9: Accommodations for Those with Disabilities and/or Impairments

Here you may indicate whether you need reasonable accommodations for any mental or physical disability you may have. Specify the nature of your disability or impairment. Also add details on what kind of assistance you require. USCIS provides accommodations to allow those with disabilities full access to their services.

Part 10: Applicant Signature and Contact Information

In this section, convey whether you completed Form I-485 by yourself or had help from a professional preparer, relative, friend, and/or interpreter.

Here you should also input your contact information so that USCIS can get in touch with you if necessary.

Finally, sign in the correct field.

Part 11: Interpreter’s Signature and Contact Information

Here you will provide details about any interpreter you used to understand the application, if applicable. The interpreter will also sign this section.

Part 12: Preparer’s Signature and Contact Information

If you filled out the application by yourself, you do not have to write anything in this section.

If someone else prepared the application on your behalf, you should include details about the preparer here. That person would also provide a signature in this section.

Part 13: Signature at Interview

You should not write anything in this section until a USCIS official tells you to sign it during an interview.

Frequently Asked Questions

What Evidence Should I Submit with Form I-485?

An applicant needs to submit more than just Form I-485. The application package should include supporting evidence that confirms the petitioner is eligible to adjust their immigration status.

The required documentation can vary depending on an individual’s circumstances. However, it typically includes the following:

1. Form I-485: Confirm that you signed, dated, and filled it out correctly.
2. Filing Fee: Enclose the filing fee ($1,440 at the time of writing) or ask to receive a fee waiver if you are eligible.
3. Identification Documents: Include copies of your passport, birth certificate, or another form of government-issued identification.
4. Photos: Provide two passport-style photos (identical copies, glossy, on a white background) of the applicant that were taken within the previous 30 days.
5. Form I-94: Include a copy of Form I-94, Arrival/Departure Record, that you received from CBP.
6. Form I-693: Include medical exam and vaccination records from a civil surgeon on Form I-693. This shows that you have not been disqualified from entering the country due to health concerns.
7. Form I-864: Provide Form I-864, Affidavit of Support from the petitioner or sponsor, if applicable. This document shows the applicant will have financial support.
8. Form I-765: If you require an employment authorization document (EAD), provide a filled-out Form I-765.
9. Form I-131: If you wish authorization to travel abroad as a permanent resident (also called advance parole or AP) provide a filled-out Form I-131.
10. Personal Records: Include copies of your birth certificate, marriage certificate(s), and divorce certificate(s), if applicable.
11. Proof of Lawful Entry: Include copies of any documents (for example, a visa or passport stamp) that show you entered the country lawfully.
12. Police Clearance Certificate: Include a police clearance certificate from every country you resided in for over six months since the age of 16, if applicable.
13. Proof of Eligibility: Depending on your filing category, you may need to include other documentation. For example, if you are an EB-5 investor filing concurrently with your I-526E immigrant petition, include a copy of the I-526E or the Form I-797 that acknowledges USCIS received your petition.

When Should I File Form I-485?

The best time to file Form I-485 may vary, depending on your filing category and other factors. In all cases, you must read the filing instructions carefully.

We will focus on guidance for employment-based visas. Keep the following considerations in mind. After you have met these requirements, you will be ready to file.

1. You Have an Available Visa: Check the Department of State’s latest Visa Bulletin to see whether there is an available visa for your priority date and preference category. If your priority date is current (marked by a “C”) on the Visa Bulletin, you may be eligible to file Form I-485.
2. Your Immigration Status Is Valid: If you are physically present in the United States, you may typically remain there when you submit Form I-485. If you are outside of the United States, you should apply for a DS-260 via consular processing instead of filing an I-485.
3. You Have Made a Decision on Concurrent Filing: Many applicants choose to file Form I-485 concurrently with their immigrant petition. We encourage EB-5 investors to do this, which can save time.
4. You Are Eligible for Adjustment of Status: Confirm that you have fulfilled the criteria to be approved for adjustment of status and that grounds of inadmissibility do not apply to you. Some criminal activities or immigration violations may disqualify your application, unless you receive a waiver or address these issues first.
5. You Have Supporting Paperwork: Compile supporting documents, such as your proof of eligibility, medical records, and identification documentation before you file.
6. You Have Consulted an Immigration Attorney: It’s a good idea to reach out to an experienced immigration lawyer, especially if you have questions about whether you qualify or if you have complicated issues to resolve. An attorney can tailor guidance to the specifics of your case.

What Is the Purpose of Form I-485?

Submitting Form I-485 is an important part of the immigration process. One of multiple forms, it permits qualifying foreign nationals to change their nonimmigrant or temporary immigration status and become (conditional) permanent residents of the United States. This status is also more commonly known as being a Green Card holder.

Becoming a lawful permanent resident means an individual may work and live in the United States permanently. In addition, Green Card holders may travel freely, work without major restrictions, and eventually apply to become citizens of the United States.

Filing this form allows USCIS to review biographic information about an applicant so it can make an informed decision about whether to grant them lawful permanent resident status.

Approval of Form I-485 lets qualified applicants become a part of American society, pursue work opportunities, and contribute to the United States as lawful permanent residents.

Who May File Form I-485?

If you are a foreign national currently located in the United States and meet other criteria, you can file Form I-485.
Most of those who submit Form I-485 do so under one of these immigration categories:

1. Family-Based Immigration: Applies to an alien relative, such as spouses, children, parents, and siblings.
2. Employment-Based Immigration: Such as priority workers, professionals with advanced degrees or exceptional ability, skilled workers, special immigrants, and immigrant investors.
3. Diversity Visa Lottery Winners: Those chosen under the Diversity Visa Lottery program.
4. Refugees and Asylees: Individuals who receive refugee or asylee status.
5. Special Immigrant Categories: Individuals including Afghan or Iraqi citizens who worked for the U.S. government.
6. Victims of Abuse or Crime: Victims of domestic violence or certain crimes.
7. Other: Those who have received parole on humanitarian grounds, have been judged as providing significant public benefit, or meet other criteria under the Immigration and Nationality Act.

However, being qualified to apply under one of these immigration categories is not a guarantee of approval. Some individuals will be disqualified if certain circumstances apply to them.

Who May Not Be Eligible to Adjust Status?

Some foreign nationals cannot be approved for adjustment of status to become lawful permanent residents of the United States. The Immigration and Nationality Act describes these restrictions—or grounds of inaccessibility—in detail. Here is a broad overview of the situations that may disqualify an applicant from adjusting their status:

Medical Grounds: Those who have certain health conditions—such as carrying dangerous infectious diseases or posing a significant public health risk—may be disapproved of adjusting their status.

Criminal Grounds: Those convicted of particular crimes—such as felonies, drug trafficking, and other serious offenses—may not be eligible to adjust status.

Unlawful Entry or Status: Those who crossed into the United States without inspection or did not receive lawful immigration status before entering the United States typically cannot adjust status. Certain exceptions may apply, such as under the Violence Against Women Act.

Immigration Violations: Those who have committed immigration fraud, not abided by the terms of their nonimmigrant status, or performed unauthorized work may be denied adjustment of status. Other examples of such violations include exceeding an authorized period of stay and violating the terms of a valid visa.

Security Concerns: Those who are considered a threat to U.S. national security may be unable to adjust status. Examples of such concerns include affiliating with terrorists or conducting espionage.

Public Charge Concerns: Those who cannot financially support themselves without major public assistance may be unable to adjust status.

What Is the I-485 Filing Fee?

The filing fee has increased from $1,140 ($1,225 with biometric services) to $1,440 (with biometric services), effective April 1, 2024.

USCIS will reject any application filed on or after this date if the updated fee is not enclosed.

Fees are subject to change. It is recommended that applicants confirm current filing fees by checking the USCIS website before mailing in their applications. In some situations, fee waivers are possible for petitioners who cannot afford to pay them.

What Is the I-485 Filing Address?

The appropriate filing address varies between applicants. Factors including immigration category and current residence location will affect this.

EB5AN works most frequently with EB-5 investors, and we advise our clients to mail hard copies of their I-485 petitions to the correct USCIS lockbox.

Lockbox facilities collect documentation and filing fees. They also determine whether to accept or reject an application based on the enclosed fee. A denial at this stage generally means the applicant sent the wrong fee amount.

EB-5 investors should send their I-485s by mail or courier service to one of the lockboxes below, depending on which delivery service they choose. Addresses are subject to change, so review the list of USCIS direct addresses for the latest information before submitting your I-485.

USCIS Dallas Lockbox
U.S. Postal Service (USPS)

USCIS
Attn: I-526/E
P.O. Box 660168
Dallas, TX 75266-0168

FedEx, UPS, and DHL Deliveries

USCIS
Attn: I-526/E (Box 660168)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

You can sign up to receive an email and/or text message alert acknowledging the USCIS lockbox received your form. To do this, fill out Form G-1145, E-Notification of Application/Petition Acceptance. Attach it to the first page of your application.

What Happens After I File Form I-485?

After you mail Form I-485 to USCIS, be ready for several next steps in the application process.

1. Save Your Receipt Notice: USCIS will send you a receipt notice (Form I-797, Notice of Action) to acknowledge they have your application. Take note of the receipt number so you can track your case’s progress online.
2. Schedule and Participate in a Biometrics Appointment: USCIS often schedules applicants for biometrics appointments. You can expect to have your fingerprints, photographs, and signature taken then and there to verify your identity and for use in a background check.
3. Answer Questions from USCIS: Sometimes USCIS needs more documentation or has clarification questions for applicants before it can adjudicate Form I-485. If this is the case, you may receive a formal Request for Evidence. Be sure to respond within the time frame provided.
4. Schedule and Participate in an Interview: In addition to the biometrics appointment, USCIS may require you to participate in an interview at a local USCIS field office. There, USCIS will confirm details from your application, determine whether you are eligible to adjust status, and request more information if necessary.
5. Receive Adjudication Decision: USCIS will decide on your case after it has reviewed your application, paperwork, and interview(s). Approval means you will get a Green Card (Form I-551) in the mail.
6. Gain Conditional Permanent Resident Status: Depending on your immigration category, you may receive conditional permanent resident status. This is the case for EB-5 investors. Such investors receive two-year conditional permanent resident status. During the 90-day period toward the end of that time frame, they should file Form I-829 to remove conditions and become unconditional lawful permanent residents of the United States.
7. Respond to Denial (if Applicable): If your I-485 is denied, you may be able to appeal it or request that your case be reopened.

EB5AN Can Help You Become a Permanent Resident of the United States

It’s important for those who wish to become lawful permanent residents of the United States to understand how to fill out and file Form I-485. It’s even more important to work with experts who can guide you through each step of the process and answer your questions.

Consider participating in the EB-5 Immigrant Investor Program, which is one of the most straightforward ways to achieve permanent residency status in the United States.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free consultation today to find out how we can do the same for you.

Professionals who would like to live and work in the United States frequently seek H-1B status. The visa has become less appealing over the years, however, due to increased demand and the various restrictions associated with the program. The EB-5 program, in contrast, has become increasingly popular due to the unlimited opportunities it offers to those seeking to either establish or extend their immigration status in the United States.

Recognizing that there’s no one-size-fits-all to immigration planning, this article discusses the H-1B and EB-5 programs, aiming to help foreign nationals decide which visa path best suits their needs.

 

What Is the EB-5 Program?

The EB-5 program, often referred to as the Immigrant Investor Program, offers a pathway for eligible investors and their immediate family members (spouse and unmarried children under the age of 21) to gain permanent residency in the United States.

Originally legislated in 1990 by the U.S. Congress, the EB-5 program aims to stimulate economic growth through foreign investment. To qualify, investors must make a substantial capital contribution to a new commercial enterprise and generate at least 10 permanent full-time jobs for qualifying U.S. workers.

The EB-5 program provides two primary avenues for investment. One option is for investors to directly finance and operate a business in the United States. Alternatively, investors may opt to invest through EB-5 regional centers. Designated by the United States Citizenship and Immigration Services (USCIS), regional centers coordinate larger projects by pooling investments from multiple sources, and are responsible for overseeing the job creation requirement of the EB-5 program.

Investments within designated high-unemployment or rural locations, called targeted employment areas (TEA), have a lower minimum investment threshold of $800,000. For investments made in projects outside these areas, the minimum investment is $1,050,000.

What Is the H-1B Program?

The H-1B program was created to allow individuals working in specialty occupations to live and work in the United States. In order to qualify for this visa, applicants must have a job offer from a U.S. employer, as well as a minimum of a bachelor’s degree or its equivalent in a field related to the job for which they are applying.

In addition, the hiring employer must demonstrate that the position requires specialized knowledge, and that they will pay the prevailing wage for the role. The prevailing wage refers to the customary wage paid to similarly employed workers in a particular geographic location within the United States.

H-1B Visa as an Option for International Students

H-1B visa classification is particularly sought after by individuals already in the United States in F-1 non-immigrant student status. This is because the authorized period of stay for students in F-1 status ends as soon as the student completes their course of study.

A program called Optical Practical Training (OPT) allows eligible F-1 students to remain in the U.S. to pursue employment in their field of study. This extension, however, is for a maximum period of 12 months only (or 24 months for students in STEM fields). Following OPT completion, students are once again faced with the mandate to leave the United States.

Because H-1B status allows students to remain in the United States after completing their course of study, students nearing the end of their F-1 or OPT status often seek out the H-1B option. While it is true that obtaining an H-1B visa allows F-1 visa holders to extend their stay in the U.S., the H-1B program contains numerous restrictions that can interfere with an applicant’s long-term immigration goals. This is why it’s best to consider multiple options before choosing to pursue the H-1B route.

What Are the Limitations of the H-1B Program?

The principal limitations of the H-1B visa include the following:

Limited Duration of Stay

In most cases, H-1B visa holders can only remain in the United States for a maximum period of six years. With limited exceptions, once the six-year time limit has been met, a person in H-1B visa status must leave the U.S. and remain outside of the country for at least one year.

Annual Cap

Perhaps the greatest limitation of the H-1B program is the annual cap on the number of H-1B visas available to new applicants. While the U.S. Congress has authorized 65,000 visas for qualifying individuals (and an additional 20,000 for individuals holding U.S. master’s degrees), the demand for H-1B visas vastly outnumbers that amount. In fact, in fiscal year 2024, the number of H-1B applicants reached an all-time high of 780,884.

Lottery System

Because the demand for H-1B visas is so much greater than the number of visas available, a lottery system is in place. Under this system, a limited number of H-1B registrations are randomly selected for further adjudication. The unpredictable nature of this process makes it difficult, if not impossible, for applicants to make long-term personal or career plans.

Employment Sponsorship Requirement

Self-sponsorship is not available for the H-1B visa category. This means that anyone seeking to obtain H-1B status must first identify an employer willing to sponsor them for the visa. It is becoming increasingly difficult to find employers willing to sponsor H-1B applicants, however. This is in large part due to the uncertainties associated with the lottery system, as well as with the costs and administrative burdens that employers must assume if they wish to hire an H-1B employee.

Limited Employment Options

H-1B visa holders must remain employed in the position for which they were originally hired. They may not work for another employer without filing a new H-1B application, and they are prohibited from starting their own businesses.

Geographic Restrictions

Employees in H-1B status must live and work where their employer dictates and are not free to relocate to other parts of the United States.

Limitations Impacting Family Members

While the spouses and children of H-1B visa holders may apply for H-4 status to reside legally in the United States, in most cases, spouses are not eligible to work. Moreover, when children of H-1B holders reach the age of 21, they must either seek an independent basis for legal immigration status in the U.S., or leave the country.

What Are the Benefits of the EB-5 Program Over the H-1B Program?

Unlike the H-1B program, the EB-5 program has virtually no limitations. For those seeking a direct path to U.S. permanent residency, the EB-5 program offers the following key advantages:

• There are no duration of stay limitations. Individuals already in the United States when they apply for EB-5 status are free to remain in the U.S. until their applications are approved. Furthermore, after two years of conditional residency, EB-5 visa holders may apply for unconditional permanent resident status, and may subsequently apply for U.S. citizenship if desired.
• Visas are often available in all EB-5 eligibility categories, particularly for those applicants open to investing in a targeted employment area.
• The EB-5 process is straightforward; there is no lottery system involved.
• Employment sponsorship is not required. Individuals in EB-5 status do not need to find an employer to sponsor them, nor are they tied to any particular employer. Immigrant investors are free to advance their careers in any way they choose, and may live anywhere in the United States that they desire.
• EB-5 green card holders, including spouses and unmarried children under the age of 21, are free to work and study anywhere in the United States, without having to apply for any special permissions. Furthermore, when children obtain permanent residency status through their investor parents, their status is not impacted when they turn 21.
• Significant new benefits were introduced with the EB-5 Reform and Integrity Act of 2022 (RIA). Under this legislation, individuals in valid nonimmigrant visa status at the time that they file their EB-5 petition can remain in the U.S. while waiting for their EB-5 applications to be approved. They can also apply for work and travel permits at the same time. Current F-1 visa holders, for instance, should carefully consider this benefit when deciding whether to pursue H-1B vs EB-5 status.

While the EB-5 program offers numerous benefits and opportunities for investors and their families, the program does involve a significant financial investment, and processing times can be lengthy depending on the visa category. For this reason, consulting with experienced industry experts or an immigration attorney is recommended.

Is an EB-5 Visa the Right Choice for You?

Every person pursuing U.S. immigration status has their own unique needs, resources, and goals. When evaluating different immigration alternatives, it is critical to consult with experts in the field who are highly knowledgeable about the different visa options, as well as the intricacies associated with each.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. For additional information on the differences between the EB-5 and H-1B visas, you can schedule a one-on-one call with our expert team today.

One of the most significant changes to the EB-5 Immigrant Investor Program following the enactment of the EB-5 Reform and Integrity Act (RIA) of 2022 was that individuals present in the United States who hold other types of visas became eligible for EB-5 concurrent filing, through which immigrant investors can submit Form I-526 and Form I-485 simultaneously.

As a result, prospective EB-5 investors can apply for the program and go through the interview process while continuing to work in the United States under a different non-immigrant visa, thereby significantly streamlining the application process.

In this article, we will discuss the benefits EB-5 concurrent filing presents by accelerating investors’ transition to permanent resident status.

What Is EB-5 Concurrent Filing?

EB-5 concurrent filing is the act of submitting both Form I-526/I-526E and Form I-485 to U.S. Citizenship and Immigration Services (USCIS) at the same time. Concurrent filing of these two petitions allows eligible EB-5 investors who are already present in the United States to accelerate the process of obtaining a Green Card.

However, foreign nationals must meet certain eligibility criteria to be able to submit these two forms simultaneously. It is recommended that EB-5 investors seek legal guidance and advice from experienced immigration professionals to navigate the EB5 concurrent filing process most effectively and efficiently.

What Is Form I-526/I-526E?

One of the very first steps in the typical EB-5 application process is submitting Form I-526/I-526E to USCIS. If, like the vast majority of EB-5 program applicants do, the foreign national made their investment via a regional center, then they must submit Form I-526E.

Form I-526/I-526E is used by immigrant investors to demonstrate their eligibility for the EB-5 program, and must include key information about the individual’s chosen investment project.

An I-526 or I-526E petition should include:

• The applicant’s full name, date of birth, country of birth, and current address.
• An explanation of how the applicant’s investment in a new commercial enterprise (NCE) will meet EB-5 program requirements, specifically how it will create at least 10 full-time jobs for U.S. workers.
• A comprehensive business plan pertaining to their NCE investment.
• Information showing the lawful source of their NCE investment funds.
• Financial and bank statements, property records, tax returns, and more supporting documentation.

What Is Form I-485?

Typically, after USCIS has approved an EB-5 investor’s I-526/I-526E form, they become eligible to obtain conditional permanent resident status. To do so, EB-5 investors already living in the United States must submit Form I-485 to USCIS, while applicants living outside the United States submit Form DS-260 and then attend a visa interview at the U.S. embassy or consulate in their home country.

Once this petition is approved, an applicant’s conditional EB-5 Permanent Resident Card remains valid for two years, allowing the investor, their spouse, and their dependent family members to live in the United States.

Why EB-5 Concurrent Filing Presents Such a Considerable Advantage to Immigrant Investors

EB-5 concurrent filing benefits immigrant investors in several ways, including:

1. Streamlining the EB-5 Application Process

Perhaps the most significant benefit that EB-5 concurrent filing provides to immigrant investors is making the process significantly more efficient. Filing and gaining approval of Forms I-526/I-526E and Form I-485 can be extremely time-consuming. As of the most updated data provided by USCIS, 80% of I-526/I-526E petitions are processed within 55.5 months, and within 88 months for applicants from China.

Processing times for Form I-485 can be difficult to predict because it can vary depending on a wide range of factors, including the applicant’s form category, USCIS workload, and the specific field office or service center where the application is being processed. The most up-to-date estimates are available on the USCIS website. EB-5 investors can typically expect the wait time for processing an I-485 petition to be around a year, but it can be much longer.

Because of the unpredictability and often lengthy processing times for Forms I-526/I-526E and I-485, the prospect of combining these two processes into one with concurrent filing—and thereby significantly shortening the wait time for obtaining a conditional permanent residence—is appealing to EB-5 investors.

2. Avoiding Consular Processing

In addition to the time that EB-5 concurrent filing saves immigrant investors by allowing them to file Forms I-526/I-526E and Form I-485 simultaneously, individuals may also be able to save more time by avoiding consular processing. By filing Form I-485 at the same time while in the United States, EB-5 investors may be able to avoid the need for consular processing in their home country, which can often involve additional delays.

3. Providing Earlier Work and Travel Authorization

EB-5 concurrent filing allows immigrant investors to potentially become eligible for work authorization and travel permits while their applications are pending, thereby allowing them to work and travel during the adjudication process. Typically, applicants would need to wait for their Form I-526/I-526E to be processed, and then file Form I-485 to enjoy this privilege, but EB-5 concurrent filing provides investors with this important level of freedom and flexibility right away.

4. Potentially Providing Significant Cost Savings to EB-5 Investors

EB-5 concurrent filing can provide substantial cost savings to investors by combining the filing of Form I-526/I-526E and Form I-485. Typically, the application fee for Form I-526 is more than $3,500 (subject to a price increase to $11,160 as of April 2024) while the application fee for Form I-485 is more than $1,000.

Applicants also generally incur legal fees and other associated costs to make sure that they provide the necessary documentation at each step of the process. By combining these two critical steps into one, EB-5 concurrent filing has the potential to save immigrant investors thousands of dollars in fees.

5. Speeding Up the Transition to EB-5 Permanent Residency

Ultimately, EB-5 concurrent filing accelerates the transition to EB-5 permanent resident status in the United States, granting immigrant investors earlier access to all of the benefits enjoyed by Green Card holders.

Who Is Eligible for EB-5 Concurrent Filing?

EB-5 concurrent filing is available to individuals living in the United States on non-immigrant visas who are eligible for adjustment of status to lawful permanent resident status (e.g., individuals on H-1B or L-1 visas). It is recommended that individuals on B-1 and B-2 tourist visas, TN visas, E-2 visas, and O-1 visas wait 90 days before attempting to adjust status.

Individuals are also not eligible for EB-5 concurrent filing if their home country is subject to visa retrogression—that is, when the demand for visas from a particular country exceeds the annual quota set by the U.S. government. When visa retrogression occurs, the priority dates for certain immigrant visa categories move backward, causing delays for applicants from those countries.

What Are the Main Steps in the Process of EB-5 Concurrent Filing?

The step-by-step process of EB-5 concurrent filing includes:

1. Prepare, Complete, and Submit Form I-526/I-526E And Form I-485

As outlined above, EB-5 investors eligible for concurrent filing must gather all necessary documentation for Form I-526/I-526E, including their personal information and details pertaining to their investment, and their source of funds, in addition to bank statements, property records, tax returns, and more supporting documentation.

EB-5 program applicants must also complete Form I-485 with their personal information, immigration history, and more required details. When both forms are complete and all supporting documentation is assembled, the two forms are submitted together to USCIS.

It is highly recommended that individuals seek professional guidance to ensure that they submit all of the required information. Failure to do so can result in significant delays or a rejected application.

2. Submit Form I-131 and Form I-765 If Necessary

After submitting Form I-526/I-526E and Form I-485 to USCIS, EB-5 investors may submit Form I-131 (for advance parole document) to apply for permission to travel internationally.

Individuals on employment-based visas can continue working in the United States as long as their work visa remains valid. Otherwise, immigrant investors may submit Form I-765 (for employment authorization document) to request permission to work legally in the United States while awaiting the decision from USCIS.

3. Attend Biometrics Appointment

After USCIS receives an applicant’s concurrently filed Form I-526/I-526E and Form I-485, they will schedule a biometrics appointment, during which the applicant will provide fingerprints, photographs, and other information typically required for criminal background checks.

4. Attend Interview If Necessary

After USCIS receives an applicant’s concurrently filed Form I-526/I-526E and Form I-485, they may also schedule an interview to further assess the applicant’s eligibility for the EB-5 program. During the interview, applicants may be asked to provide additional information about their investment project, their source of funds, and more. It is highly recommended that EB-5 immigrant investors seek guidance from an immigration attorney for this step in the process.

5. Await USCIS Decision and Receive Conditional Green Card

After Form I-526/I-526E and Form I-485 are successfully processed, USCIS will make a decision on whether to grant the applicant conditional permanent resident status, which allows them (as well as their spouse and qualifying dependents) to live and work in the United States for two years.

6. Submit Form I-829

Once the EB-5 investor reaches the final 90-day period before their conditional Green Card is set to expire, they must submit Form I-829 to USCIS, providing the required evidence that they have met all conditions of the EB-5 program and requesting the removal of conditions on their permanent resident status.

EB5AN Can Help You Get Started with EB-5 Concurrent Filing

In allowing for EB-5 concurrent filing of Form I-526/I-526E and Form I-485, the EB-5 Reform and Integrity Act (RIA) of 2022 presented a unique opportunity to speed up the process of obtaining permanent resident status in the United States via the EB-5 program.

Still, legal and professional guidance is crucial for successfully navigating the process. EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

For help answering your questions about EB-5 concurrent filing, or to get started on your EB-5 journey, schedule a free consultation with our EB-5 team. To learn more about our available EB-5 projects, click here.

Once they are eligible, foreign nationals can file Form I-485 to adjust their immigration status and gain lawful permanent residency in the United States.

However, processing times can be long and unpredictable. Delays can affect investors’ immigration plans. With a focus on the EB-5 Immigrant Investor Program, this article explains what you should expect when submitting your I-485 and how to reduce your processing time.

Regardless of whether you’re an EB-5 investor or not, by reading this article, you will learn more about Form I-485.

We will cover why Form I-485 is important, how long it takes to process, and what EB5AN can do to help applicants obtain U.S. Green Cards under the EB-5 program.

Key Points to Remember About I-485 Processing

• Foreign nationals and their qualified immediate relatives should file Form I-485 once they have met eligibility requirements to receive conditional permanent resident status in the United States.
• I-485 processing times vary depending on individual circumstances, immigration officials’ workloads, and other factors, but expect the process to take several months at least.
• EB-5 investors can minimize I-485 processing delays by following instructions carefully, filling out all paperwork completely and accurately, and working with EB5AN and an experienced immigration attorney, among other steps.

What Is Form I-485?

Qualified individuals who live in the United States on temporary visas may wish to change their immigration status to lawful permanent resident. To do so, they must file Form I-485, Application to Register Permanent Residence or Adjust Status. This is also known as an application for adjustment of status.

EB-5 investors who are already physically present in the United States and partway through the EB-5 application process may submit this form to gain conditional permanent residency. Approval of this form makes them U.S. Green Card holders. They continue to live, work, and travel in the United States while fulfilling the EB-5 program’s requirements.

The investor’s entire family, including the EB-5 principal applicant, their spouse, and unmarried children under 21 years old, can obtain permanent residence. Each family member must submit their own Form I-485 to receive Green Cards and become conditional permanent residents of the United States.

It’s important to note that EB-5 applicants who are outside of the United States are not eligible to submit Form I-485. Instead, they must file Form DS-260 and complete consular processing before they can travel to the United States. Read our guide to DS-260 applications to learn more about that.

How Long Does It Take to Process Form I-485?

Unfortunately, an I-485 petitioner cannot expect their I-485 application to be processed by a set date. Processing times vary.

Between FY 2019 and FY 2023, the median processing time for decisions on employment-based I-485s dropped from 10 months to 8.6 months. This estimate may change again by the time you read this.

For the latest figures, consult the United States Citizenship and Immigration Services Historical National Median Processing Time page.

Factors That Affect Processing Times

These are some of the main things that can affect how long it takes for an I-485 petition to be adjudicated:

• Immigrant category.
• Processing center.
• USCIS workload.
• Eligibility of applicant.
• Problems with investor’s submission.

Let’s take a closer look at each of these issues.

Immigrant Category

Not all I-485 applicants file under the same category. One applicant may be an EB-5 investor, while another may have been granted refugee status. Some immigration categories may result in greater scrutiny from the United States Citizenship and Immigration Services (USCIS). This additional attention can lengthen the processing time.

Processing Center

One of the key factors affecting I-485 processing times is the applicant’s local USCIS field office or service center. Staffing levels change. Not every USCIS field office or USCIS service center takes the same amount of time to adjudicate an I-485 application.

USCIS Workload

A variety of issues—such as the volume of applications, changes in rules and regulations, priorities, and immigration policies—can affect the workloads of USCIS field offices. These can also affect when applicant interviews can be scheduled and conducted. As workloads change, so too can I-485 processing times.

Eligibility of Applicant

Not all foreign nationals are eligible to apply for adjustment of status. Those who fall under certain grounds of inadmissibility, as addressed in the Immigration and Nationality Act, are ineligible. These categories include:

• Medical.
• Criminal.
• National Security.
• Fraud.

The adjudication process can also involve background checks, which can take additional time.

Problems with Investor’s Submission

Immigration officials may have follow-up questions or require petitioners to supply additional documentation. This is more likely to happen if applicants make mistakes in filling out their form or omit important information.

Petitioners must prepare and fill out their paperwork carefully to avoid delays or rejection.

An I-485 applicant might encounter any combination of these factors, making it difficult to predict when their application will be adjudicated. Once the decision is made, USCIS will notify applicants by email or physical mail to indicate the application has been processed.

What Is the I-485 Timeline

Filing Form I-485 is just one part of the EB-5 immigration process. It is essential for EB-5 investors to understand how Form I-485 fits into it.

These are the main steps before, during, and after I-485 submission:

1. Confirm visa availability.
2. Compile essential documents.
3. File Form I-485 concurrently with Form I-526 or I-526E.
4. Save receipt notice.
5. Participate in a biometrics appointment and interview (unless waived).
6. Get Employment Authorization Document and travel permit.
7. Get Green Card(s).
8. File Form I-829.
9. Apply for U.S. citizenship.

Let’s explore each step in more detail.

1. Confirm Visa Availability

First, a foreign national must confirm that a visa is available in their immigration category. The time needed to complete this step will vary depending on your individual circumstances.

Study the State Department’s Visa Bulletin, found here. If a visa is available, file Form I-485 using the listed “date for filing.” If one is not available, use the listed “final action date.”

In addition, do the following:

• Look up your visa type in the first column of the corresponding chart (“employment-based” if you are an EB-5 investor).
• Look up the corresponding date under the country you are from.
• File the adjustment of status form if the chart says “C,” for current.

2. Compile Essential Documents

You must provide a great deal of evidence and many supporting documents to get approval from USCIS of your Form I-485. The time needed to complete this step will vary depending on your individual circumstances. Evidence required includes:

1. Proof of eligibility: If you file Form I-485 concurrently with your I-526/I-526E immigrant petition, include a copy of the I-526/I-526E. If you do not engage in concurrent filing, include a copy of Form I-797, Approval or Receipt Notice.

This is USCIS’ official acknowledgment of the immigrant petition. Either document demonstrates that the individual can apply for adjustment of status.

2. Personal records: Copies of your birth certificate, marriage certificate (if you are married), and divorce certificate (if you are divorced).

3. Photos: Two identical, passport-style color photos that were taken less than 30 days prior to your I-485 submission date.

4. Passport and immigration documents: Copies of your complete passport (or another government-issued identity document) and paperwork that shows you were inspected by an immigration officer and admitted or paroled into the United States.

5. Criminal history records: Documentation of your criminal history, if applicable.

6. Medical records: Your vaccination records and medical evaluations.

7. Biographic information: Each of your eligible family members should complete and file Form I-130, Petition for Alien Relative.

You must also include the correct filing fee. The amount is $1,440 (including biometric services), effective April 1, 2024.

USCIS will reject any application filed on or after this date if the updated fee is not enclosed.

3. File Form I-485 Concurrently with Form I-526E

To save time, it’s a good idea to file Form I-485 and Form I-526/I-526E concurrently. There is no need to wait for USCIS to receive or approve the I-526/I-526E. If filing based on an approved or pending I-526E, include a copy of your receipt notice with your Form I-485 submission.

An EB-5 investor should send Form I-485 to the appropriate filing location. This is a USCIS lockbox, which collects documents and filing fees.

Review the list of USCIS direct addresses for the latest guidance before mailing.

4. Save Receipt Notice

Within one month of filing Form I-485, USCIS should send you an acknowledgment—Form I-797C, Notice of Action—that it has received your application. This will include a 10-digit number. Save a copy of this receipt notice and use the number to track the status of your case.

An approval notification means you will receive a conditional Green Card, can stay in the United States legally, and can proceed to the next step of the EB-5 process. A rejection notification—prompted by mistakes or omissions in your form—will delay your I-485 processing time.

Tens of thousands of I-485 applications are rejected each year. Fill out your form with care so yours is not one of them.

5. Participate in a Biometrics Appointment and Interview

Within a few months of filing Form I-485, USCIS should contact you to set up your biometrics appointment. USCIS will notify you of the location, date, and time. It is best to accept the date and time offered if at all possible, to avoid a potentially time-consuming effort to reschedule.

You will have to bring a government-issued ID to enter the USCIS facility. At your appointment, expect to have your fingerprints, photo, and signature taken.

6. Apply for EAD and Travel Permit

EB-5 applicants can still work and travel while their I-485 petitions are pending, but they must first have additional applications approved to avoid being disqualified.

To work for an employer who requires a work permit, submit file Form I-765, Application for Employment Authorization. Submitting Form I-765 means you can get an Employment Authorization Document (EAD).

After your I-485 is approved, you no longer require an EAD to work in the United States. The Green Card itself provides employment authorization.

To travel, file Form I-131, Application for Travel Document to USCIS. Approval means to receive advance parole and may travel outside the United States temporarily.

Within a few months of filing Form I-485, you can expect to receive a decision on your EAD. A decision on an advance parole travel document may take several months.

7. Get Green Card(s)

The I-485 is approved after USCIS determines the applicant has met all I-485 requirements and the U.S. Department of State assigns an immigrant visa.

Permanent Resident Cards (Green Cards) should arrive in the mail a few weeks later.

With their I-485 approved, an EB-5 investor has conditional permanent resident status for up to two years.

The investor should submit an I-829 petition during the last 90 days of this time frame to remove conditions and become a lawful permanent resident of the United States.

8. File Form I-829

To get unconditional permanent residency, the investor files an I-829 petition, which proves the investment complied with the EB-5 program.

Once the investor’s I-829 petition is approved, the investor, their spouse, and any unmarried children under the age of 21 gain lawful permanent resident status. All conditions are removed at this time.

9. Decide Whether to Apply for U.S. Citizenship

After EB-5 investors have been Green Card holders for five years, they can apply for U.S. citizenship. Many choose to do so. Full citizenship confers additional pluses, such as voting rights, eligibility for U.S. passports, and the chance to receive benefits from government programs like Medicare and Social Security.

U.S. citizenship also comes with additional responsibilities, such as exclusive allegiance to the United States, following U.S. laws, and possible jury duty service.

Applying for citizenship under these circumstances is called the naturalization process. A qualified foreign national must file Form N-400, Application for Naturalization, for USCIS approval, among other things.

Applicants should expect this process to take six months or longer.

How Can Investors Speed Up I-485 Processing?

Investors must take care to fill out their I-485s completely and accurately, to avoid mistakes and questions that could lengthen their processing time.

USCIS sometimes denies applications that are not filled out correctly. In most cases, these decisions cannot be appealed.

Here are some of the things you can do to get approved the first time you apply with minimal delay.

• Fulfill all eligibility requirements for adjustment of status.
• Use the most recent version of Form I-485.
• Familiarize yourself with and follow the filing instructions.
• Answer all application questions fully and correctly.
• Type your responses or write them out using a black pen.
• Enclose all supporting documentation and the filing fee.
• Review this checklist of evidence from USCIS.
• Provide photos consistent with the requirements outlined in the form instructions.
• Consult with a qualified immigration lawyer when drafting and filing Form I-485.
• Fill out and enclose Form I-693, Report of Immigration Medical Examination and Vaccination Record.
• Submit Form I-485 and Form I-526/I-526E concurrently.
• Reply to all questions from USCIS quickly.

Request Expedited Processing from the USCIS Contact Center

EB-5 investors may request expedited processing of their I-485 applications by getting in touch with the USCIS Contact Center.

Call them at 800-375-5283 (from inside the United States) or 212-620-3418 (from outside the United States). Their webpage also offers many online tools.

USCIS is selective in considering expedite requests, and could ask for supplementary information.

Choose EB5AN for the Best Chance of Success

Submitting Form I-485 is an important part of the EB-5 visa process, but prospective investors should familiarize themselves with all aspects of the EB-5 journey.

You’ll need help from an industry leader for the best chance of securing immigrant visas for yourself and family members.

EB5AN has helped thousands of clients from all over the world become Green Card holders. With a 100% USCIS project approval rate, our expert team can help you with everything from filing petitions to finding top-notch regional center projects.

Book a free consultation with us to learn more.

A writ of mandamus is an order from a court compelling a lower government body to perform an act that it has a clear duty to perform. In the context of the EB-5 process, a writ of mandamus can be an effective tool in moving forward an EB-5 case that is experiencing extensive delays.

In this article, we will take a closer look at the EB-5 application process, its timeline and potential delays, as well as what solutions EB5 investors can turn to, including a writ of mandamus.

 

The EB-5 Program

The EB-5 program, also known as the Immigrant Investor Program, provides a way for eligible investors, their spouses, and unmarried children under the age of 21 to obtain U.S. permanent residency status (informally known as a Green Card).

The EB-5 program was established in 1990 by the United States Congress as a way to encourage investment in the U.S. economy. The program requires that investors meet certain criteria, make a significant capital investment in a U.S. venture and, through that venture, create at least 10 full-time, permanent jobs for U.S. workers.

The EB-5 visa program has undergone various changes throughout the years. As it stands today, an investor can either make a direct investment in a business that they will own and operate, or they can invest in a government-approved EB-5 regional center.

Regional centers are business organizations designated by USCIS to sponsor various EB-5 investment projects. Regional centers gather funds from multiple investors and manage both the projects and the job creation process.

If an investment is made in a high unemployment or rural area, also known as a targeted employment area (TEA), the minimum EB-5 investment amount is $800,000. If the investment is made in any other region of the U.S., the minimum investment amount is $1,050,000.

The EB-5 program has numerous benefits, including the fact that no employment offer or other type of sponsorship is needed, and that the investor and their family have the freedom to live anywhere in the United States that they choose.

How to Apply for EB-5 Status

Invest in a Reliable EB-5 Project

The first step in the EB5 process is for the investor to find a suitable investment project that is compliant with all EB-5 requirements. Once the project is selected, the applicant must invest the required amount of capital in the project. When the investment is made, an I-526 or I-526E application is filed with the United States Citizenship and Immigration Services (USCIS). The I-526E application includes documentation of the investment, a business plan, a job creation plan and proof of lawful source of funds.

As of March 2024, the USCIS-published processing time for I-526 petitions is 55.5 months. While these published processing times are useful for planning purposes, actual processing times often vary.

Receive Conditional Green Card

Following the approval of an I-526E petition, the investor and their qualifying family members receive conditional permanent resident status for a period of two years. Toward the conclusion of the two-year period, the investor files an I-829 petition.

Remove Conditions and Become a Permanent Resident

The purpose of the I-829 is to provide USCIS with evidence that the investor’s project has met all program requirements during the initial two-year period. Processing times for I-829 petitions can vary on a case-to-case basis, but petitioners’ conditional permanent residency is extended during the processing period.

Finally, as a last step in the process, many EB-5 investors choose to apply for United States citizenship.

EB-5 Application Delays and How to Address Them

While the EB-5 program provides one of the most direct pathways to U.S. permanent residency, extensive processing times, at either the I-526 or I-829 stages, often pose significant challenges for investors. Fortunately, there are steps which, while limited, an investor can take to address potential case processing delays.

Prepare Your Application Carefully

Given the length of the EB5 application process, foreign nationals are encouraged to move steadily forward with the preparation of their petition and to avoid delays in filing their applications.

To avoid requests for evidence, applicants should also ensure that all submitted documents are accurate and complete.

To ensure the best results, investors should remain informed of changes to EB-5 regulations and processing times. Detailed records should also be kept of the application process and of all steps taken to communicate with USCIS. If delays occur, this approach will make it simpler to address and resolve issues.

Know Your Rights

USCIS provides an e-Request tool that allows applicants to inquire about applications and petitions that are outside normal processing times.

Applicants can also engage the Office of the Citizenship and Immigration Services Ombudsman, who serves as a bridge between USCIS and individuals applying for immigration benefits. Although the Ombudsman does not have the authority to change USCIS decisions or enforce policies, it can provide assistance in complex cases and facilitate communication.

It can sometimes be effective to solicit the assistance of a congressperson or senator to inquire about the status of a delayed petition. Congressional offices often have communication channels available to them that are not directly available to applicants.

Engage with the EB-5 Community

Joining EB-5 investor forums and platforms can provide support and up-to-date information. These groups may also organize to address broader issues within the EB-5 program.

On the other hand, hiring an immigration attorney or experienced industry professionals who specialize in EB5 petitions is highly recommended. Their expertise can be invaluable in navigating the intricacies of the EB-5 process and in resolving issues.

Writ of Mandamus as a Last Resort

As a recourse of last resort, investors experiencing unreasonable delays in the processing of their EB-5 petitions may consider filing a writ of mandamus in U.S. federal court. As noted above, a writ of mandamus is an order from a superior court compelling a government agency to act. In the EB-5 immigration law context, a writ of mandamus will compel USCIS to take action on a delayed EB-5 petition.

When taking mandamus action, a petitioner must establish that the delay is unreasonable. They must also establish that the delay is causing them undue hardship, that they have exhausted all other possible remedies, and that no other adequate remedy is available.

It is important to note that while a writ of mandamus lawsuit can force USCIS to take action, it cannot order the agency to rule in any particular way on any given application. In other words, filing a writ of mandamus does not ask a federal court to make a decision on an EB-5 application; rather, it only pushes USCIS to take action. The action taken by USCIS will then be an approval, a denial, or a request for additional evidence.

Although recent landmark court decisions have ruled in favor of petitioners and against government agencies (USCIS) in EB-5 mandamus lawsuit situations, extensive delays still persist. Moreover, taking mandamus action is not recommended under all circumstances.

Risks of Taking Mandamus Action

USCIS processing delays can actually benefit the children of applicants if the children are nearing the age of 21. This is because there are mechanisms in place under U.S. immigration law where an applicant’s eligibility age may be extended if USCIS was responsible for delayed processing times.

Additionally, filing a writ of mandamus is usually not recommended if there are issues regarding the investor’s EB-5 project, such as a lack of progress by the job-creating entity, or problems in the investor’s immigration case like history of visa violations or source of funds issues. It would also not be advisable for investors from countries with visa backlogs, such as China or India, to pay the high costs associated with filing a writ of mandamus if a visa would not be available to them at the time that their expedited case was decided by USCIS.

If there are problems involved with the petition, there is always the possibility that filing a writ of mandamus will only serve to expedite what is going to be a negative decision.

Seek Professional Assistance

Although filing a writ of mandamus can be a highly effective tool in propelling a stalled immigration case forward, it is often considered the remedy of last resort because of the high costs involved, and because a successful outcome is not guaranteed. When considering a mandamus lawsuit, it is highly recommended to work with an experienced EB-5 immigration attorney. An attorney specializing in this area will be able to successfully determine whether it is in an applicant’s best interest to pursue a writ of mandamus.

For additional information on filing an EB-5 petition and navigating potential EB-5 processing delays, please book a free call with EB5AN.

The EB-5 Immigrant Investor Program is one of the most direct pathways to obtaining a green card in the United States. Through this initiative, the American government aims to stimulate economic growth by encouraging foreign investments. Foreign investors, on the other hand, benefit by obtaining Green Cards for themselves and their immediate family members (spouse and unmarried children under 21 years of age.)

After deciding to take the EB-5 route to obtain permanent residence in the U.S., the next crucial step is to select a feasible investment project, considering your financial capital and other resources.

This post will take you through the different investment options available to potential investors and how to select the best EB-5 projects to invest in.

 

Direct Investments vs. Regional Center Investments

EB-5 investors have two major investment options, each with unique requirements. This section will explain the nuances between the two options, highlighting their pros and cons and the category of investors they are best suited for.

Direct Investments

For this type of investment, investors are legally required to directly invest capital of at least $1,050,000 in a business, formally known as a New Commercial Enterprise (NCE). However, when the project is located in one of a targeted employment area (TEA), the investment threshold is decreased to $800,000. Additionally, the investment should directly result in the creation of 10 full-time jobs, each lasting for at least two years.

The most attractive characteristic of these EB-5 projects is control: the investor operates independently and is directly involved with the project’s development. In most cases, they also stand to gain high returns on investments because of the high risk/high reward principle in investment.

It is important to note that the law does not allow multiple individuals to pool funds to raise capital for this type of project. Therefore, only one person is expected to provide the stipulated minimum investment threshold. Also, direct investments are high-risk, as their success solely depends on the investor’s ability to manage their enterprise.

In other words, the direct investment model is best suited for investors who desire complete control of their investments but have a solid plan to recruit at least 10 people for two years and $800,000 to put away for investment purposes.

Regional Center Investments

These EB-5 projects are sponsored by regional centers, which are essentially economic entities assigned by the United States Citizenship and Immigration Services (USCIS) to facilitate EB-5 project investments. Unlike the direct investment plan, investments through regional centers allow multiple investors to pool resources to fund a single project. Real estate development projects are the most common project type in this category.

While the minimum investment thresholds are the same, regional center-sponsored investment projects are generally safer for immigration purposes.

Furthermore, the regional center handles most of the complicated paperwork, and the job creation requirements for regional center EB-5 projects are less stringent. That is, the 10 full-time jobs could be direct, indirect, or induced, if said jobs have a positive economic impact on the community.

On the downside, investors have little to no control over their investments, making this option best suited for investors who prefer to maintain a passive presence in the day-to-day management of the project.

How to Select the Best EB-5 Project

There is no one-size-fits-all approach to selecting EB-5 projects. Instead, investors need to do a holistic assessment of their circumstances, identify their available resources, and clearly define the immigration plans and investment goals they aim to achieve.

Below, we have provided four distinct factors potential investors must consider to ensure they are well-informed when deciding on an EB-5 project.

Risk Assessment

As with any other investment, the EB-5 program comes with varying levels of risks, depending on the investment project being considered, making risk assessment a core aspect of the EB-5 project selection process. The main objective here is to be aware of the type and level of risk you are taking on and to be sure you are comfortable taking such risk.

To do this, investors must first consider the economic climate of their project location. Data on the demand rate for your enterprise’s offerings can be used to assess risk levels and provide valuable insight into the project’s prospects.

Along with market data, potential investors need to apply due diligence when choosing a project developer. EB-5 investors should look out for experienced developers who have a track record of executing successful EB-5 projects while mitigating losses. It is also important that the developers are financially stable enough to support the project if needed and transparent about every step of the process.

Foreign nationals who choose to invest through regional center sponsors must ensure that the regional center is reputable with a successful track record.

Financial Viability

In analyzing the financial viability of EB-5 projects, it is crucial to identify which should be prioritized: return on investments or securing permanent residency in the U.S., the latter typically being the most important factor. That being said, most investors aim to balance the two objectives rather than forfeit one benefit for the other.

EB5 investors must operate with a sound business plan that aligns with their investment goals and immigration plans. Such an investment structure should include details such as total capital raised and total estimated project cost, potential revenue streams and expenditures, feasible strategies for ensuring good returns on investment, and a well-outlined exit strategy.

An analysis of the above information, alongside reliable data on risk assessment, allows potential investors to decide whether a project is best suited for them.

Legal Compliance

After satisfying the job creation requirements and minimum investment threshold provisions, investors are still expected to adhere to other general compliance laws.

USCIS requires investors to tender legal proof that their investment funds were obtained legitimately. Documentation, such as financial and tax statements or business ownership records, is needed. Furthermore, investors must only invest in New Commercial Enterprises (NCEs) where there is a risk of loss.

Investors must adhere to immigration compliance laws on the visa application process, ensuring complete documents are submitted on time. Lastly, investors must verify that their investments align with the U.S. securities laws since EB-5 investments can be classified as securities.

Professional Guidance

Given the complexities of investing in an EB-5 project, this might be the most essential step in selecting a project to invest in. Consulting an immigration lawyer specializing in EB-5 project investments provides investors with expert guidance, helping them avoid costly mistakes that may jeopardize their immigration process.

It is also advisable to contract a financial advisor who can provide professional oversight on the project’s capital structure and design viable ROI and exit strategies for the business. A competent financial advisor can also evaluate the job creation estimates and the overall sustainability of your proposed project business plan.

Finally, due diligence requires that investors confirm any data or information provided by regional centers and project developers, especially regarding their level of expertise and industry success. In most cases, investors consult third-party specialists who ensure their interests are guarded from a professional standpoint.

Select the Best EB-5 Project with EB5AN

Choosing an EB-5 investment project is very relative to the investor’s unique situation. Therefore, potential investors will benefit from a multifaceted assessment of a proposed project’s risk and financial viability, adherence to necessary regulations, and professional assistance.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

Start your EB-5 journey today by scheduling a free consultation with our team to get expert guidance on your investment options.

An EB-5 project refers to a new commercial enterprise (NCE) that is funded through the EB-5 Immigrant Investor Program. Established in 1990, this program enables foreign investors to obtain a Green Card by investing a minimum amount of capital in a qualifying new commercial enterprise in the U.S.

To qualify for the EB-5 program, investors must invest $800,000 or $1,050,000, depending on the project’s location. The lower investment amount applies to projects located in targeted employment areas (TEAs), which are high-unemployment or rural areas. In addition to the minimum investment requirement, the project must create or preserve at least 10 full-time jobs for eligible U.S. workers.

EB-5 projects can take various forms, such as real estate developments, infrastructure projects, and manufacturing ventures. The majority of EB-5 projects are sponsored by USCIS-designated regional centers.

But what happens when an EB-5 project fails? In this article, we’ll explore the immigration and financial risks investors encounter if a project fails, based on their position in the EB-5 application process.

 

Failure of an EB-5 Project

While there are numerous reasons why an EB-5 project may fail, it can have severe repercussions for investors. Naturally, an EB-5 applicant’s primary concern is how project failure might affect their EB-5 application. EB-5 investors would also want to know whether they will be able to reimburse the original investment amount.

The primary factor influencing what happens after an EB-5 project fails is whether the applicant invested directly or via a regional center. When an investor uses the funds to form or purchase a business directly, the answer varies depending on the business structure and the investor’s plans for dealing with a potential failure, among other factors. Investors who chose regional centers, on the other hand, rely heavily on the investment agreement.

This article will focus on failed EB-5 projects involving regional centers, as that is the most popular investment option among foreign investors.

Return of Investment with a Failed EB-5 Project

Even though favorable provisions may help investors get another shot at the EB-5 program, there is no guarantee that their initial investment will be returned.

The circumstances surrounding the failure of an EB-5 project, as well as the terms of the investment agreement, determine the potential outcomes for investors. Investors are typically faced with the possibility of losing all or a portion of their investment or redeploying it. Here are a few possible scenarios:

• Loss of Investment: If the EB-5 project fails and is unable to repay its debts or return investment capital, investors risk losing their entire investment. This may occur if the project encounters financial difficulties, such as cost overruns, lack of demand for the project’s products/services, or mismanagement.
• Partial Recovery: In some cases, investors may be able to recoup some of their investment. However, the amount recovered is often much less than the original investment, and investors may still suffer losses. Some EB-5 investors may be able to recover their losses following the denial of Form I-526E, as most regional centers keep the funds invested in escrow while Form I-526E is pending approval.
• Redeployment: According to the EB-5 Reform and Integrity Act of 2022, regional centers can redeploy EB-5 investment funds “anywhere within the United States.” However, the capital must “remain at risk” after EB-5 redeployment, and investors’ capital “is expected to remain invested for not less than two years.” Investing redeployed funds in purely financial activities, such as purchasing financial instruments on the secondary market, does not constitute redeployment under this Act.
• Legal Recourse: If the EB-5 project fails due to fraud, misrepresentation, or other illegal activity, investors may be able to recover their investment by seeking restitution from the parties responsible.

Impact of a Failed EB-5 Project on Visa Status

The timing of an EB-5 project’s failure may determine how it affects investors’ visa status. Let’s look at some scenarios below.

Failure Before I-526E Approval

If a project fails before the I-526E petition is approved, the investors will most likely be unable to meet the EB-5 program’s requirements, particularly the need to maintain the investment during the conditional residence period and create 10 or more jobs.

However, if an EB-5 project is only partially completed before failing, a new developer or receiver can take over and complete the project.

Furthermore, assuming there are no significant changes to the project, the investors could be able to complete their immigration process. If the EB-5 project fails completely, the only viable option is to redeploy the reimbursed amount (if any) and resubmit the EB-5 application with an investment in another project.

Failure After I-526E, but Before I-829

It is important to note that if a project fails after Form I-526E approval but before Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) approval, the conditions may still be successfully removed, depending on the timing and ability to demonstrate sufficient job creation.

According to USCIS Policy Manual, if the jobs were created and maintained for the required period, even if they no longer exist at the time of the I-829 filing, the investors should be okay concerning their EB-5 application. It should be noted that the I-829 petition must be filed 90 days before the expiry of the conditional residence period.

Failure After I-829 Approval

EB-5 investors who successfully removed conditions on their Green Cards will not be impacted by the success or failure of the project’s compliance with USCIS requirements.

Work with EB5AN to Minimize Risks

The failure of an EB-5 project can have unfavorable consequences for everyone involved. Investors risk losing their investments and being unable to obtain residency permits. So, before investing in an EB-5 project, investors must conduct thorough due diligence and seek professional advice to reduce their risk exposure.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

If you are considering investing, book a one-on-one call with our team today to learn more about the risk factors associated with EB-5 investments and receive support throughout your entire EB-5 process.

Your choice of EB-5 service providers affects the prospect of getting an EB-5 visa—and ultimately a U.S. Green Card.

The U.S. government’s approval rate for EB-5 visa applications varies depending on several factors, with an average of about 75% to over 80%. In the third quarter of FY2023, the average approval rate of an I-526 petition was 71.7%. Despite a high success rate, the chances of rejection remain possible if you aren’t fully prepared.

For example, you won’t obtain an EB-5 visa if you can’t prove the legitimacy of your funds and/or income. Remember that the United States Citizenship and Immigration Services (USCIS) requires thorough documentation of a person’s financial capacity.

Another reason for a rejected EB-5 visa is being unable to convince the USCIS that your investment will create jobs. Your EB-5 visa application must show that your investment in a new commercial enterprise can “create or preserve 10 permanent full-time jobs.”

In addition, EB-5 immigrant investors should have clean criminal and civil records. If you have legal cases such as a pending court trial in the U.S., you may find it hard to acquire an EB-5 visa.

By knowing which service providers can help you during your application process, you can increase your chances of EB-5 visa approval.

In this article, we will take a look at some key EB-5 professionals and how they can help investors through their immigration process.

 

Who Are the Key Service Providers for Your EB-5 Visa Process?

The essential EB-5 service providers are immigration attorneys, EB-5 regional centers, and a reliable CPA or financial advisor.

Legal counsel could be the most important one of all. One example involves Lorrie Rojas’ successful EB-5 visa application through a hotel project investment.

Rojas, a Filipino national, describes the selection of an immigration attorney as one of the “most daunting tasks” for her EB-5 visa journey. Her eventual choice spelled the difference for a smooth application process, and thanks to her attorney’s diligence, Rojas’ Form I-526 was approved without any delays.

Aside from legal counsel, foreign nationals must also make a choice between direct or regional center projects at the investment stage. Direct EB-5 investors will need to consult with additional service providers like an EB-5 economist and business plan writer. Investors who choose a reliable regional center, however, do not need to hire such professionals separately.

When looking for a qualified EB-5 regional center, investors should pay attention to how easy it is to communicate with them, aside from their track record of success.

For example, a Sri Lankan national invested in EB5AN’s Twin Lakes Georgia EB-5 project. According to him, the project’s EB-5 team became a primary factor for the successful investment, as they worked directly with the applicant.

Choose an Experienced and Qualified EB-5 Immigration Attorney

You wouldn’t hire a tax attorney to handle your personal injury claim. The same concept applies to the EB-5 visa process.

While the USCIS doesn’t require legal representation, there are plenty of reasons to hire the right EB5 visa attorney. Lowering the risks of USCIS issuing a request for evidence (RFE) is one of them.

An RFE issuance happens at the discretion of the USCIS. EB-5 visa applicants receive RFEs when they fail to provide enough details for an EB-5 investment. In other words, filing a well-prepared, complete initial application with the help of an attorney can accelerate your EB-5 visa process.

However, the USCIS may reject an application even without prior RFE issuance, which is a bigger reason to have legal representation and avoid this outcome.

Immigration attorney Ahmed Khan, an EB5AN partner, recommends immigration lawyers with at least five years of experience in working with EB-5 visa applicants.

You should also choose an attorney with updated knowledge of immigration law and specific EB-5 regulations. An example is their familiarity with the Reform and Integrity Act of 2022 (RIA), updated USCIS language and guidelines, and recent industry data suggesting upcoming changes in the way set-aside categories may benefit EB-5 investors.

Pick the Right USCIS-Designated EB-5 Regional Center

To make an indirect EB-5 investment in the U.S.—which entails less day-to-day involvement with the management of the EB-5 business and easier job creation requirements to fulfill—a government-authorized regional center with a successful track record is your best choice.

The USCIS defines an EB-5 regional center as a public or private economic entity in the U.S. These regional centers promote economic growth in the country by participating in the EB-5 Immigrant Investor Program to pool and manage investment capital.

Prospective investors can find a full list of approved EB-5 regional centers by state on the USCIS website to verify an EB-5 regional center’s designation status. Take note that it’s normal for an EB-5 regional center to operate in more than one location.

A regional center that has vast experience with international investors is a valuable EB-5 service provider. By choosing a regional center with a strong EB-5 team, investors can do their due diligence from overseas, and eliminate the need to provide additional documents to USCIS, such as a detailed business plan and economic analysis of the EB-5 project they’re investing in.

Find a Reputable Financial Advisor

Whether you choose a direct EB-5 investment or via a regional center, you should find a trustworthy financial advisor to help with several steps of your application process.

A third-party investment advisor, CPA, or financial advisor can help prospective EB-5 investors select the right project and perform due diligence on project offerings and financial projections. They can assist in tracking and preparing financial documents to meet source of funds requirements.

While other key service providers such as EB-5 business plan writers and fund managers are typically involved in a regional center project’s structure, investors can independently seek assistance with accounting, financial planning, and tax planning for added support.

How to Start the Process

Keep in mind that a legitimate EB-5 service provider won’t promise that you can acquire U.S. permanent residency with an EB-5 visa application alone—it is a complex process with several requirements applicants must fulfill.

However, choosing the right team to support you throughout your application can significantly increase your chances of success.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

Schedule a free consultation today to meet our team and find out more about how to navigate the requirements of the EB-5 regional center program.