A Closer Look at the Interview Stage of EB-5 Consular Processing

EB-5 investors can apply for a Green Card once their I-526 or I-526E petition is approved by the United States Citizenship and Immigration Services (USCIS).

EB-5 investors already in the U.S. can apply for their permanent resident status without leaving the U.S. through a process called adjustment of status.

Investors outside of the U.S. must apply to the U.S. consulate in their country of residence for an immigrant visa using Form DS-260 to enter the U.S. as a permanent resident. This is called consular processing.

Upon approving an I-526E petition, USCIS sends it to the Department of State National Visa Center (NVC) for pre-processing. You’ll be notified once the NVC receives your petition and opens your case file. The notification usually includes information on how to log in to the Consular Electronic Application Center (CEAC) to monitor your application status.

The NVC will also notify you when an immigrant visa number becomes available. They’ll inform you when and how you should pay the immigration visa fees and upload the required supporting documentation. They’ll then schedule a visa interview for you.

The consular interview is a crucial step in the immigration process and can determine whether foreign investors will receive U.S. permanent residency. This is why some preparation is required for a successful EB-5 interview.

This article takes a closer look at the interview stage of EB-5 consular processing and provides insights to help investors scale through the interview.

Preparing for an EB-5 Consular Interview

The consulate interview is an important step in an EB-5 investor’s immigration journey and requires careful preparation.

During the interview, the investor must be prepared to answer questions about their EB-5 application, background, and reasons for wanting to move to the U.S. The consular officer’s primary goal is to confirm the investor’s (and their dependent family’s) eligibility for the visa. The investor has to convince the consular officer that their reasons for immigrating to the U.S. are genuine and they’ve met all requirements for the EB-5 visa.

Foreign nationals investing in a regional center-sponsored project should get all possible information and relevant supporting documentation. You can ask your legal counsel for a mock interview to test your readiness.

The interview typically lasts 30 minutes to an hour, and the consular officer will pay close attention to spot any gaps or misrepresentations. Any discrepancy between the answers you provide and the information in your DS-260 can lead to the denial of your EB-5 visa application.

Consular Interview Requirements

EB-5 visa applicants and their dependents must complete the following steps before the interview.

Step 1: Register Online

Once you receive your interview appointment letter, you must register online and choose your visa pick-up location. After processing, the embassy will return your passport and visa package to the selected location. You will find the link to the registration portal on the consulate website. Registration is free.

Step 2: Schedule and Attend a Medical Examination

Investors and their dependents must attend a medical examination with an authorized physician before the scheduled date. The examination must be conducted by a doctor approved by the U.S. embassy in the investor’s country. You will find the list of approved panel physicians and required documents for the appointment on your home country’s U.S. consulate website.

The doctor will send the result directly to the embassy or give it to you in a sealed envelope to submit during the interview.

Step 3: Gather Supporting Documentation

You must bring all required original or certified documents to the interview, so it’s essential to start gathering them on time. Failure to bring all the necessary documents can delay your visa processing.

Who Should Attend the Interview?

The interview is mandatory for the investor, their spouse, and unmarried dependent children relocating to the U.S. with them. Dependent children below 14 years of age are not required to attend.

If an investor’s spouse and dependent children are relocating later, they do not have to attend the interview with the investor. They will be scheduled for a separate interview at a later date.

Documents Needed for an EB-5 Consular Interview

All EB-5 investors and accompanying dependents must come with the following documents to their consular interview:

• Interview appointment letter received from NVC.
• DS-260 confirmation page.
• Passport—valid for up to six months after the expected entry date to the U.S.
• Two identical color photographs.
• Online registration confirmation page.
• Birth certificate.
• Marriage certificate, if applicable.
• Certificate of termination of any previous marriages (e.g., divorce certificate or death certificate of former spouse), if applicable.
• Proof of transfer of investment funds to an escrow account or an investment project.
• Police certificate.
• I-526E petition and financial forms.
• Copies of previous U.S. entry documents.
• All other civil documents you uploaded into CEAC.

Investors must provide certified translations of all documents not in English, along with the original. The consular officer may request additional evidence, which you or your attorney must provide within the given time frame to avoid delays.

Questions to Expect During an EB-5 Interview

Every EB-5 regional center investor going through consular processing should be ready to answer questions regarding their background and EB-5 investment project.

Questions About Your EB-5 Petition

An EB-5 investor visa applicant will be asked several questions concerning their EB-5 investment. Some questions to expect include:

• How did you hear about the EB-5 opportunity?
• Why did you choose to invest in a regional center project?
• What’s the current status of the project?
• How many jobs have been created?
• What was the total cost of your EB-5 investment, including the administrative fees you paid to the regional center?
• What is your source of funds for this investment?

The supporting documentation you used for your I-526E application will be helpful when answering these questions.

Immigration History and Other Personal Matters

The consular officer will most likely inquire about your immigration history and your reasons for deciding to relocate to the U.S. Expect questions like:

• Why did you choose to relocate to the U.S.?
• Have you ever been the subject of immigration proceedings?
• Have you ever been ordered removed from the U.S. or any other country?
• Do you have any past or current criminal convictions?
• Have you ever been arrested?
• What other country have you lived in aside from your country of origin?

Tips for a Successful EB-5 Interview

The following tips can help during your interview:

• Answer all questions honestly. The consular officer most likely already knows the answer to the question and is trying to judge your authenticity.
• Be confident but polite when answering questions.
• Be quick, concise, and straightforward. Avoid rambling, and don’t hesitate when giving answers. This can make the officer suspicious.
• Answer questions directly, and do not speculate. If you don’t know the exact answer to the question being asked, say so.
• Bring all the supporting documents you’ll need to back up your answers.
• The officer may not make a decision on-site. Refrain from pushing for an immediate decision. It can lead to an unfavorable outcome.

After the Interview

After the interview, you’ll have to wait for the consulate to decide on your application. Decision times vary across U.S. embassies and consulates in different countries.

Some factors that affect decision times include administrative procedures, visa availability, consular workload, and the complexity of the case.

Requests for additional supporting evidence can prolong the decision time. Also, some consulates receive a higher volume of visa applications than others, so processing visa applications will take longer. It’s advisable to limit travel plans until you get a decision.

The embassy will notify you once a decision is made.

What Happens if an Investor Fails to Appear for the Interview?

If an investor cannot attend their interview, they must contact the U.S. embassy or consulate on time to reschedule the interview. Failure to contact the U.S. embassy within one year of receiving the appointment notice will lead to termination of the case and the cancellation of your I-526E petition. Any fees paid will not be refunded.

Investors are advised to make every effort to attend the scheduled interview. If you choose to reschedule, note that appointments are limited, and you may have to wait much longer for another available appointment. Also, there may be no available visas on the day of your rescheduled interview. You should check the latest Visa Bulletin before deciding to reschedule.

EB5AN Can Help You Secure U.S. Permanent Residency

Applying for an EB-5 investor visa can be a long and complex process. While investors can submit their I-526E petition and immigrant visa application themselves, it’s best to get help from an experienced immigration attorney and industry-leading EB-5 experts.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our team has 10+ years of experience and offers clients low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need help applying for an EB-5 visa or would like to get an opinion on your ongoing process, book a one-on-one call with our EB-5 team today.