For foreign nationals who aim to obtain permanent residency in the United States, the EB-5 visa program, created in 1990 to stimulate the U.S. economy, is one of the most straightforward pathways.

The number of EB-5 applications increased in the last few years, especially from countries like India and China, creating backlogs due to limited visa availability. However, in 2022, the EB-5 Reform and Integrity Act (RIA) was signed into law. This brought substantial improvements, some aimed at reducing processing times and streamlining the application process.

The EB-5 process consists of several steps and can range from a few months to several years before a U.S. permanent residency (Green Card) is issued. Two key factors influence the timeline of the EB-5 process: the processing time of petitions and the availability of visas. In this article, we will outline the EB-5 timeline for prospective investors, including the process for each step, and explain how choosing EB-5 projects in rural targeted employment areas (TEAs) will help accelerate the process.

Selecting a Project and Making an Investment

1. Submit an Accredited Investor Letter

Before choosing an EB-5 project, investors must carefully evaluate the offering documents and gather all the necessary information. After selecting a project, they must make a qualifying investment and gather the required documents for their I-526E petition.

For those investing in regional center projects, an accredited investor letter is typically required. To qualify as an accredited investor, an individual must meet at least one of the following criteria:

• Have a net worth of over $1 million (excluding their primary residence) either alone or with a spouse.
• Have earned an individual income of $200,000 or a joint income of $300,000 in the past two years, with a reasonable expectation of maintaining or increasing that income this year.

An immigration attorney can assist in obtaining this letter.

2. Prepare Documentation for Source of Funds

EB-5 applicants must provide a source-of-funds report to demonstrate that their investment capital was legally obtained. This documentation typically includes financial statements, tax returns, and business records. Acceptable sources of funds might include salary, business earnings, inheritances, gifts, or proceeds from real estate sales, among others.

3. Finalize the Subscription Agreement and Invest

Once the documentation is ready, investors complete a subscription agreement and acknowledge escrow requirements, allowing them to officially invest in their chosen EB-5 project. This step usually involves filling out some personal information and signing the agreement. The investor can then transfer funds to the designated escrow account.

These initial steps generally take only a few days to complete.

Filing Form I-526E

The I-526E petition is a critical component of the EB-5 process. It is usually prepared with the help of an immigration attorney who will ensure all documents are accurate and complete. This stage can often be completed within a few weeks, especially when working with experienced professionals.

Approval of the I-526E Petition

The time it takes to get approval for the I-526E petition can vary widely—ranging from a few months to several years. According to USCIS processing times, pre-RIA petitions for investors from China took an average of 91 months, while other applicants faced an average of 55 months.

However, the new RIA provisions have significantly reduced processing times for many applicants. Particularly, those investing in rural targeted employment areas (TEAs) can expect much faster approval times.

The priority processing for rural investments is a standout feature of the RIA, providing a distinct advantage that is not available for other investment categories. Furthermore, if a selected EB-5 project has received I-956F approval from USCIS, it indicates that the project meets EB-5 standards, potentially speeding up the application process.

Applying for an Immigrant Visa

Investors can move forward with their application for a U.S. permanent residency once a visa is available. Eligibility is based on the status of their category in the most recent Visa Bulletin and the priority date assigned to their I-526E petition by USCIS. If a category is listed as “current” in the Visa Bulletin, applicants can apply for an immigrant visa right away, regardless of their priority date.

Seeking guidance to secure your Green Card without delay is essential for applicants facing visa retrogression. In the past, Indian and Chinese investors had to wait for many years for their Green Cards, even after their EB-5 petition approval. However, with the introduction of set-aside visa categories under the RIA, investors from these countries now have a convenient way to avoid the long wait for visa availability.

The new law has carved out a 32% reserved quota within the overall EB-5 visa allocation for targeted employment areas, with 20% for rural TEAs, 10% for high-unemployment TEAs, and 2% for specific infrastructure projects. This set-aside quota has visas for qualifying investors from any country, and it is estimated that the rural category has the most potential to keep providing fast-track Green Cards to investors.

Investors Applying From Outside the U.S.

Investors applying from outside the U.S. need to go through consular processing at the U.S. consulate or embassy in their country of residence. After the I-526E approval, they will receive their visa fee bill from the National Visa Center (NVC) and must submit Form DS-260 and the required supporting documents. The NVC will then process the application and schedule a visa interview for the applicants.

Upon approval, investors and their eligible family members will receive an immigrant visa, allowing them to move to the United States and receive their conditional Green Card, which is valid for two years.

Processing times through this pathway can fluctuate based on various factors.

Investors Already Residing in the U.S.

Investors already residing in the U.S. on a valid non-immigrant visa can file Form I-485 for adjustment of status concurrently with Form I-526E without having to wait for the latter’s approval. This provision not only provides applicants with permanent resident benefits within a few weeks of applying but also accelerates their Green Card journey. Additionally, it allows the applicant to legally remain in the U.S. until the adjudication of their application, which is especially attractive to foreign nationals with an expiring visa status.

Applicants from backlogged countries like China and India can apply for concurrent filing by investing in certain projects, even if their countries are facing visa retrogression in the unreserved category. The best option for Chinese and Indian investors is currently the rural TEA category, since it is not expected to face backlogs in the near future.

These investors can also apply for employment authorization and a travel permit, which would generally be processed within about four to 12 weeks.

On average, I-485 processing times take about a year, but this can vary based on the specifics of each case. After that, investors receive their conditional Green Cards.

Filing Form I-829

The I-829 petition is the final step in the EB-5 investor’s journey to obtain a permanent Green Card. It must be filed within the last 90 days before the expiration of the conditional Green Card, and its purpose is to show that the investor has fulfilled all EB-5 program requirements. Once filed, USCIS will send a receipt notice to each applicant, which extends their permanent resident status while the petition is under review. The average processing time for I-829 petitions is 41 months as of October 2024, according to the USCIS website.

Upon approval, applicants will receive lawful permanent resident status and a new unconditional Green Card, which can be renewed every 10 years. After five years of permanent residency, which includes the initial two years, investors can apply for U.S. citizenship by naturalization.

Get Help in Obtaining Your Permanent Residency

The retailored EB-5 program has opened up numerous new investment prospects for entrepreneurs interested in obtaining U.S. permanent residency in a relatively short period. For foreign investors looking to secure a Green Card as soon as possible, investing in rural TEA projects is undoubtedly the best choice.

Regardless of your specific needs, your immigration lawyer can assist you in identifying the most appropriate project for you. Working with experienced EB-5 industry professionals can also help you smoothly navigate this process.

If you want to learn more about the EB-5 investment timeline, you can schedule a complimentary call with EB5AN’s knowledgeable team.

The EB-5 Immigrant Investor Program, established by Congress in 1990, offers foreign investors a pathway to permanent residency in the United States by way of investment in the U.S. economy. This program has gained significant attention by investors seeking to diversify their portfolios while applying for U.S. Green Cards.

The EB-5 program requires a minimum investment of $800,000 in targeted employment areas (TEAs) or $1,050,000 in non-TEA projects. These investments must create at least 10 full-time jobs for U.S. workers and be maintained for at least two years. In this article, we’ll explore how the EB-5 program can act as a suitable avenue for investment diversification, and explain the best approaches to achieve that with the least risk possible.

Understanding Investment Portfolio Diversification

Portfolio diversification is a core principle in investment strategy, aimed at reducing risk by spreading investments across different asset classes, industries, and locations. This approach helps lower the impact of poor performance in any single investment on the overall portfolio.

Traditional diversification often includes a mix of stocks, bonds, real estate, and commodities. However, as investment landscapes change, alternative investment options like the EB-5 program are gaining attention for their potential to further diversify portfolios.

The concept of diversification is rooted in modern portfolio theory, developed by Harry Markowitz in the 1950s. This theory suggests that investors can optimize their portfolios by selecting a mix of assets that collectively have lower risk than any individual asset. The key is to choose assets with low correlation to each other, meaning they don’t all move in the same direction under similar market conditions.

EB-5 as a Diversification Tool

EB-5 investments offer a unique avenue for portfolio diversification. Unlike traditional securities, EB-5 projects provide exposure to specific U.S.-based development initiatives, often in real estate. This characteristic allows investors to tap into the growth potential of the U.S. economy while securing immigration benefits.

The EB-5 program’s structure aligns with modern portfolio theory, which emphasizes the importance of non-correlated assets in reducing overall portfolio risk. By including EB-5 investments, investors can potentially improve their portfolio’s resilience against market fluctuations.

EB-5 investments often have a low correlation with traditional stock and bond markets. For example, while stock markets might be volatile due to global economic conditions, an EB-5 real estate project‘s performance might be more closely tied to local economic factors and the specific project’s success.

Types of EB-5 Investments

EB-5 investments generally fall into two categories:

• Regional Center Projects: These are managed investment opportunities that pool funds from multiple EB-5 investors. Regional centers, approved by the United States Citizenship and Immigration Services (USCIS), sponsor these projects, which often focus on large-scale developments. Regional centers can count both direct and indirect jobs towards the EB-5 job creation requirement, making it easier to meet this condition.
• Direct EB-5 Investments: In this model, investors directly create and manage their own businesses. This option offers more control but requires more involvement from the investor. Direct investments must create 10 direct, full-time jobs.

Each type presents different risk-return profiles and levels of investor involvement, allowing for customized portfolio strategies. However, more than 96% of all EB-5 investors choose the regional center pathway.

Risk Management in EB-5 Investing

While EB-5 investments can offer diversification benefits, they also come with unique risks. These may include:

• Project failure risk: The possibility that the business or project doesn’t succeed, potentially jeopardizing both the financial and immigration benefits.
• Immigration risk: If job creation requirements are not met, the investor may not qualify for permanent residency.
• Regulatory changes: The EB-5 program is subject to legislative changes that could affect investment terms and immigration outcomes.
• Market risks: Like all investments, EB-5 projects are subject to market fluctuations and economic conditions.

To manage these risks, investors should:

• Conduct thorough due diligence on projects and regional centers.
• Understand the project’s business model and job creation strategy.
• Consider working with experienced EB-5 attorneys and financial advisors.
• Review the project’s exit strategy and timeline.
• Assess the developer’s track record and financial stability.

It’s crucial to note that while USCIS approves regional centers, this approval is not an endorsement of the investment quality or immigration outcome. Investors must perform their own due diligence.

Benefits of EB-5 Portfolio Diversification

Including EB-5 investments in a portfolio can offer several advantages:

• Geographic diversification: EB-5 projects provide exposure to the U.S. market, which can be beneficial for international investors. The U.S. market often operates independently from other global markets, providing a hedge against economic downturns in other regions.
• Sector diversification: Many EB-5 projects focus on real estate, potentially balancing portfolios heavy in other sectors.
• Potential for returns: Successful EB-5 investments may offer returns, which can provide stability in volatile markets. While returns are typically modest compared to high-risk investments, they can serve as a stabilizing force in a diversified portfolio.
• Immigration benefits: The potential for obtaining U.S. permanent residency adds a unique value proposition to the investment. This non-financial benefit can be particularly valuable for investors seeking to relocate or expand their business operations to the U.S.
• Economic impact: EB-5 investments contribute to job creation and economic development in the U.S., allowing investors to make a positive impact while pursuing their financial and immigration goals.

Seek Support With EB-5 Investment Decisions

As investors navigate the complexities of EB-5 investments, partnering with experienced professionals can be invaluable.

EB5AN stands out as a leading EB-5 firm, offering comprehensive support throughout the investment process. With a track record of successful projects and a deep understanding of both the financial and immigration aspects of EB-5, EB5AN provides investors with critical insights and guidance. Book a free consultation with EB5AN today.

Investor visa programs have become a popular strategy for countries to attract foreign capital and boost economic growth. Over 100 nations now offer some form of investment-based immigration, though only about a third have seen significant success. Among these, the United States’ EB-5 Immigrant Investor Program stands out as one of the most attractive options for foreign investors worldwide.

This article will explore the EB-5 program and compare it to other notable investor visa programs across Europe, the Middle East and North America, highlighting why the EB-5 visa remains a top choice for many international investors despite the tough competition.

The EB-5 Immigrant Investor Program

Introduced by the U.S. Congress in 1990, the EB-5 program aims to boost the U.S. economy by offering permanent residency to foreign investors and their immediate family members. To qualify, investors must:

• Invest $1,050,000 in a new commercial enterprise (NCE), or
• Invest $800,000 if the NCE is in a targeted employment area.
• Create or preserve at least 10 full-time jobs for U.S. workers.

The EB-5 program offers several unique advantages:

• Concurrent filing option for investors already in the U.S. on valid nonimmigrant visas.
• Faster processing for rural EB-5 petitions.
• Conditional Green Cards valid for two years, leading to permanent residency, with the option of applying for citizenship within a total of five years.
• No language, education, or business experience requirements.
• Eligibility for investors of all nationalities.

Investors begin by filing Form I-526 or I-526E. Upon approval, they receive conditional Green Cards. After two years, they can apply to remove conditions and become permanent U.S. residents.

Global Investor Visa Programs

The EB-5 visa is the only immigrant investor visa option in the U.S. The concept, however, is quite popular around the world. We will explore some of the strongest international residency and citizenship by investment programs below. Please note that this information is subject to change, so it’s best to verify the requirements of each golden visa program from their official websites.

Portugal Golden Visa

Portugal’s Residence by Investment (RBI) program is one of Europe’s most popular. Key features include:

• Various investment options:
  • €500,000 in a Portuguese fund.
  • Creation of 10+ jobs.
  • €250,000 donation to preserve national heritage.
• 18-month average processing time.
• Two-year initial residence permit, renewable every two years.
• Path to European citizenship.

While offering a route to EU citizenship, the Portuguese program requires frequent renewals and document submissions, making it more administratively complex than the EB-5 program.

Greece Golden Visa

Greece offers one of Europe’s most affordable RBI programs, granting access to Greece and the Schengen area. Investment options include:

• Real estate worth between €250,000 and €800,000.
• €500,000 capital contribution to a Greek investment company.
• €400,000 in Greek Government bonds.

The program has recently increased its minimum investment amounts. While affordable, the Greek golden visa has limitations, such as certain work restrictions, making it less suitable for families seeking new opportunities.

Canada Investor Visas

Canada offers two main investor programs:

1. Start-Up Visa (SUV):

• Requires sponsorship from a Canadian business incubator or significant investment from angel investors or venture capital funds.
• Grants permanent residency to entrepreneurs with innovative business ideas.

2. Quebec Immigrant Investor Program (QIIP):

• Requires a CAD 1 million investment and CAD 200,000 contribution.
• Grants an initial one-year work permit leading to permanent residency.

Both programs have language proficiency requirements and the QIIP is limited to French-speaking investors, making them less accessible than the EB-5 program.

Malta Residency and Citizenship by Investment

Malta offers both RBI and Citizenship by Investment (CBI) programs. The CBI program requires:

Three-year residency in Malta (12 months in exceptional cases).
€700,000 to €1.45 million investment, including property purchase or lease and charitable donations.

While offering quick access to EU citizenship, Malta’s program is more expensive and faces scrutiny from the EU over security and transparency concerns.

Spain Golden Visa

Spain’s RBI program grants temporary residency for investments of:

• €500,000 in real estate.
• €1,000,000 in Spanish shares or bank deposit.
• €2,000,000 in government bonds.

The program offers fast processing (20 days) but only temporary residency. Permanent residency is possible after five years, with citizenship eligibility after ten years of continuous residence.

Türkiye Citizenship by Investment

Türkiye’s CBI program offers direct citizenship for:

• $400,000 investment in real estate.
• $500,000 in various other investment options.

While frequently promoted as a pathway to the U.S. E-2 visa, the Türkiye CBI is a more roundabout and potentially more expensive route to U.S. residency compared to the EB-5 program.

Caribbean Citizenship by Investment

Five Caribbean nations offer CBI programs:

• Antigua & Barbuda
• Dominica
• Grenada
• St. Lucia
• St. Kitts & Nevis

These programs are among the most affordable, with investments starting around $200,000. They offer visa-free access to the Schengen area and, in Grenada’s case, E-2 visa eligibility. However, they face ongoing scrutiny from the EU and U.S., creating uncertainty about their long-term viability.

EB-5 vs. Other Programs: Comparative Advantages

When compared to other global investor visa programs, the EB-5 program stands out in several ways. These include:

• Accessibility: Open to investors of all nationalities with no language or education requirements.
• Family Benefits: Includes spouse and unmarried children under 21.
• Path to Citizenship: Clear route to U.S. citizenship after five years of permanent residency.
• Investment Return: Potential for full repayment of invested funds plus interest.
• Processing Time: Fast-track processing for rural projects.
• Work and Study Rights: Ability to live, work, and study anywhere in the U.S. upon receiving an EB-5 Green Card.
• Stability: Well-established program with a clear regulatory framework.

While other programs may sometimes offer quicker processing or lower investment thresholds, the EB-5 program provides a unique combination of immigration and financial benefits that make it attractive to a wide range of investors.

Starting Your EB-5 Journey

The EB-5 program offers a straightforward path to U.S. permanent residency with significant potential benefits. If you’re considering this investment opportunity, it’s crucial to work with experienced professionals who can guide you through the process.

EB5AN is a leading EB-5 firm with a track record of successful projects and investor approvals. Our team can provide expert guidance on selecting the right EB-5 project, understanding the application process, navigating USCIS requirements, and much more.

To learn more about how you can start your EB-5 journey, book a one-on-one call with our team today.

The EB-5 Immigrant Investor Program offers foreign investors a pathway to U.S. permanent residency through strategic investments. To qualify, investors must invest $1,050,000 into a new commercial enterprise (NCE), or $800,000 if the NCE is in a targeted employment area (TEA). Also, these investments must create at least 10 full-time jobs for American workers.

Investors have two main routes: direct investment in an NCE or investment through a regional center. While the program allows for investments across various sectors, including manufacturing, mining, oil and gas, transportation, technology, and green energy, real estate has emerged as one of the more popular choices for EB-5 investors. In this article, we will explore why.

The Appeal of Real Estate in EB-5

Real estate has proven to be a popular and reliable option for EB-5 investments over the years. Its lower risk, better security, and higher repayment success rate make it an attractive choice for foreign investors seeking both immigration benefits and financial returns.

However, it’s important to understand that success in the EB-5 program isn’t guaranteed only by choosing real estate. Factors such as the project’s financial strength, job creation potential, and market conditions play significant roles in determining both immigration outcomes and investment returns.

Popular Real Estate EB-5 Investment Types

Residential Developments

This category includes single-family homes, multi-family units, condominiums, and apartment complexes. Single-family home developments, like EB5AN’s rural Twin Lakes project, are particularly popular. Strong residential development projects tend to create all required jobs for EB-5 investors and start selling units ahead of time. They may also offer additional safeguards like repayment guaranties.

Commercial Projects

While office complexes are still recovering from the pandemic and remote work trends, hotels and resorts in TEAs remain attractive EB-5 options. These projects often target prime locations near natural attractions, catering to tourists and vacationers.

Mixed-Use Developments

These projects combine residential, commercial, and recreational spaces, offering comprehensive community development. Mixed-use developments can provide diverse job creation opportunities and cater to various market demands within a single project.

Key Advantages of Real Estate EB-5 Projects

Stability and Reliability

Unlike more volatile sectors such as mining or manufacturing, real estate offers a more predictable investment landscape. The housing market has seen steady growth, with increasing demand for single-family homes and townhouses.

Real estate projects are also easier for investors to evaluate. They can often visit project sites, assess financial strength, and gauge completion likelihood more accurately than with other industries.

Strong Capitalization

Real estate projects often enjoy better return compared to other project types. Lenders are more likely to finance real estate investments, particularly in high-demand areas. This additional financial support reduces risk for EB-5 investors and increases project stability.

In contrast, more cyclical industries like steel manufacturing or oil and gas often struggle to get financing, relying heavily on EB-5 funds. This can increase both financial and immigration risks for investors.

Efficient Job Creation

For regional center-sponsored real estate projects, USCIS considers direct, indirect, and induced jobs when evaluating the job creation requirement. This broad definition often allows real estate projects to create more qualifying jobs than required, making it easier for investors to meet this EB-5 condition.

Quicker Path to Green Card

Real estate investments, especially in rural TEA projects, often offer a faster route to obtaining a Green Card.

Compared to industries like mining or natural gas, where initial phases can last decades before development begins, real estate projects typically have shorter timelines. This can mean a quicker path to permanent residency for EB-5 investors.

Clearer Path to Repayment

Real estate projects often provide a clearer path to investment repayment. Unlike manufacturing industries that rely on operational profits for investor repayment, real estate projects can repay investors through property refinancing or sale.

Choosing the Right EB-5 Real Estate Project

While real estate offers numerous advantages for EB-5 investors, success isn’t guaranteed. Continued due diligence remains very important. Investors should carefully evaluate regional centers, project developers, and specific investment offerings.

Key factors to consider include:

1. Developer track record.
2. Project location and market demand.
3. Capital stack and financing structure.
4. Job creation projections and methodologies.
5. Exit strategy and repayment terms.

Real estate continues to be a leading choice for EB-5 investors due to its stability, job creation potential, and faster paths to both Green Cards and investment returns. However, as with any investment, careful evaluation and professional guidance are essential for success in the EB-5 program.

EB5AN offers low-risk EB-5 regional center projects within TEAs. All our projects have received I-956F exemplar approval from USCIS, and they’ve helped over 2,300 families obtain U.S. permanent residency through EB-5 investments.

Schedule a free consultation with EB5AN’s experts to explore suitable real estate investment options for your immigration and financial goals.

For many interested EB-5 investors, the dream of U.S. permanent residency through the program is challenged by the amount of investment needed; a minimum of $800,000.

Luckily, the EB-5 program allows investors to use loans and gifts to fund their investments, making it easier for those who may not have the full amount available from the start.

However, the use of loans and gifts in EB-5 investments is no simple matter. The United States Citizenship and Immigration Services (USCIS) has established strict requirements and guidelines to ensure the loaned or gifted funds are of lawful source.

Investors must do much documentation and due diligence to show compliance with USCIS rules, and protect their eligibility for a U.S. Green Card.

In this article, we explore how loans and gifts can be used for EB-5 investments, explaining the requirements, processes, and key considerations for each option.

How Loans Work With EB-5

EB-5 investors can use loans to fund their EB-5 investment, as long as the loan is secured by the investor’s personal assets. This is a common practice, but there are some key requirements and considerations that investors must be aware of so they don’t break USCIS rules.

Some common types of loans:

• Property loans secured by the investor’s owned real estate.
• Shareholder loans secured by the investor’s ownership in a company.
• Business loans secured by the investor’s business assets.
• Unsecured loans.

To prove a loan, the loan must be properly documented with a written agreement that clearly explains its terms and conditions. This agreement should specify the loan amount, interest rate, repayment terms, and the collateral securing the loan if applicable. Additionally, evidence must be provided to show the investor’s ownership and the value of the collateral assets, such as property or stock documents. It’s also necessary to include source of funds documents to demonstrate that the collateral assets used to secure the loan were obtained legally.

Pros of Using Loans

• Allows investors to participate in the EB-5 program without selling existing assets.
• In some cases, interest paid on the loan may be tax deductible. However, potential tax benefits depend on local tax laws and should be discussed with a tax advisor.
• In case of successful investments, the repayment of the loan may come from the returns generated by the EB-5 investment, making it a self-financing option.

Cons of Using Loans

• Adds complexity to the EB-5 process, requiring additional documentation.
• May increase the overall costs of the EB-5 investment due to interest payments on the loan, which can impact the net return on investment.
• Involves the risk of losing the collateral assets if the investor is unable to repay the loan, which could have significant financial consequences.

How Gifts Work With EB-5

EB-5 investors can use gifted funds for their investment, which has recently become more and more common (i.e., parents gifting money to their children studying in the U.S.) However, gifted funds come with their own set of requirements and considerations that investors must navigate carefully.

To prove a gift, it must be properly documented with a written gift letter that establishes the nature of the gift and the relationship between the parties. The letter should clearly state the gifted amount, the parties involved (donor and recipient), and confirm that no repayment is expected or required. Source of funds documentation from the gift donor is required to prove the lawful origin of the gifted funds. For source of funds purposes, the gift donor is treated as if they were the EB-5 investor, meaning their financial background will also be investigated.

Pros of Using Gifts

• May simplify the EB-5 process compared to loans.
• No expectation of repayment or interest cost associated with the gifted funds.
• May have tax advantages depending on the region and applicable gift tax laws.

Cons of Using Gifts

• Extensive documentation is required from the gift donor, including source of funds evidence.
• May trigger gift tax consequences in certain situations, depending on the amount of the gift and the applicable tax laws in the relevant jurisdictions.

Loans, Gifts, and Your EB-5 Journey

When utilizing loans or gifts for an EB-5 investment, investors should remember that all EB-5 investment funds, regardless of their source, must be lawfully obtained and properly documented to meet USCIS requirements. Loans must be secured by the investor’s personal assets, such as real estate, business ownership, or other valuable property, and cannot be secured by the assets of a third party, like a parent or spouse.

Gifted funds can come from any party, not just family members, as long as the gift is documented and the source of the funds is clearly proven. Gift donors and loan collateral assets will be investigated closely.

Engaging an experienced EB-5 immigration attorney is essential to ensure proper handling of the loan and gift documentation processes and compliance with all legal requirements. Seeking guidance from experienced industry professionals can also be of great help.

Book a free consultation with EB5AN to get started.

Navigating the EB-5 process can be confusing, especially for EB-5 investors who have just obtained their conditional Green Cards and are wondering what’s next. While this milestone is indeed a cause for celebration, it is crucial to understand that the journey to permanent residency is not yet complete.

In this article, we will discuss the process of transitioning from a conditional Green Card to a permanent one, exploring the rights and obligations of conditional residents, the potential challenges they may face, and the steps they must take to secure their future in the United States.

What Are Conditional Green Cards?

When an EB-5 investor’s initial petitions are approved, they are granted permanent resident status on a conditional basis. This means that they receive a Green Card valid for two years.

The conditional status serves as a safeguard to ensure that investors have ample time to fulfill the requirements of the EB-5 program, which includes creating and maintaining at least 10 jobs for U.S. workers.

Investors need to understand that their conditional status has an expiration date, and failure to remove the conditions before this date can result in the loss of their permanent resident status and potential deportation. So, they need to be proactive and take the necessary steps to transition from conditional to permanent residency within the set timeframe of two years.

Rights and Obligations of Conditional Green Card Holders

Despite the temporary nature of their status, conditional permanent residents enjoy many of the same rights and responsibilities as regular permanent residents. They are permitted to live and work anywhere in the United States, travel in and out of the country (with some limitations that will be explained later), and sponsor certain relatives for Green Cards.

Conditional residents can work for any U.S. employer without the need for additional work authorization, and they can also start their own businesses. They are eligible for certain government benefits, such as Social Security and Medicare, and can apply for a driver’s license in their state of residence. Additionally, conditional residents can enroll in educational institutions and apply for financial aid.

However, it is crucial for conditional residents to remain mindful of their obligations and to take proactive steps to maintain their status, including filing taxes, notifying USCIS of any address changes, and maintaining a clean criminal record.

Conditional residents must also ensure that they are meeting the requirements of the EB-5 program, such as maintaining their investment and creating the required number of jobs.

When it comes to the ability to travel while holding conditional residency, there are important things to consider.

Travel for Conditional Green Card Holders

A critical aspect of the transition from conditional to permanent residency is establishing and maintaining continuous residence in the United States. While this does not necessarily mean that EB-5 investors cannot travel abroad, excessive absences may jeopardize their status.

As a general rule, conditional residents should avoid spending more than six months outside the U.S. on a single trip, as this may be considered an abandonment of their permanent resident status. If travel abroad is necessary, investors should consult with an experienced immigration attorney to discuss strategies for preserving their status, such as obtaining a reentry permit.

A reentry permit is a travel document that allows permanent residents, including conditional residents, to maintain their status during an extended absence from the United States. To obtain a reentry permit, investors must file Form I-131, Application for Travel Document, with USCIS before leaving the country. The permit is valid for up to two years and can be used for multiple entries into the U.S.

It is important to note that even with a reentry permit, prolonged absences can still raise red flags with USCIS and may lead to additional scrutiny during the removal of conditions process. Therefore, investors should strive to maintain strong ties to the United States, such as maintaining a residence, filing taxes, and engaging in business or educational activities.

To maintain their residence status and transition to a permanent one, EB-5 investors will need to start an important process called removal of conditions.

The Removal of Conditions Process

To transition from a conditional Green Card to a permanent one, EB-5 investors must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within the 90-day period preceding the expiration of their conditional status. If the investor files on time, their conditional Green Card remains valid while the I-829 is pending, even beyond the two-year expiration date.

This petition shows that the investor has fulfilled the requirements of the EB-5 program and is eligible for permanent residency.

Filing Form I-829 is a crucial step in the process, and investors must be diligent in gathering the necessary documentation and submitting a complete and accurate petition. The petition must be accompanied by substantial evidence demonstrating that the investor has met the conditions of their residency, which will be discussed in detail in the next section.

Once the petition is filed, USCIS will review the evidence and may request additional information or documentation through a request for evidence (RFE) or a notice of intent to deny (NOID). It is essential for investors to respond to these requests promptly and thoroughly to avoid potential delays or denials.

If the petition is approved, the investor, their spouse, and their unmarried children under 21 will be granted unconditional permanent resident status. They will receive new Green Cards without conditions, valid for ten years.

After five years of permanent residency (including the two years of conditional residency), investors may be eligible to apply for U.S. citizenship through the naturalization process.

Potential Challenges and Considerations

While the removal of conditions process may seem straightforward, EB-5 investors may face various challenges along the way. One of the most significant concerns is the possibility of project delays or failures, which can worsen the investor’s ability to prove job creation.

In the event of a project delay, investors may need to seek an extension of their conditional status to allow more time for the project to meet the job creation requirements. This can be done by filing Form I-829 with evidence of the delay and a detailed plan for how the project will move forward and create the necessary jobs.

If a project fails altogether, investors may need to explore alternative options, such as investing in a new project or seeking a waiver of the job creation requirement.

In some cases, investors may be able to show that the failure was due to circumstances beyond their control, such as a natural disaster or economic downturn, and may be eligible for a waiver.

Another potential issue is changes in personal circumstances, such as divorce or the death of the primary investor. In the case of divorce, the conditional resident status of the investor’s spouse and children may be affected, and they may need to seek a waiver of the joint filing requirement for Form I-829. The spouse also has to prove that the marriage was bona fide to remove conditions, even though the marriage ended. If the primary investor passes away, their spouse and children may be eligible to file Form I-829 on their own, provided they can show that they meet the requirements for removal of conditions.

Seeking Professional Assistance

Given the high stakes involved in the removal of conditions process, it is highly recommended that EB-5 investors work with an experienced immigration attorney throughout their journey. An attorney can provide valuable guidance on maintaining eligibility, preparing the necessary documentation, and navigating any challenges that may arise.

When selecting an immigration attorney, investors should look for someone with extensive experience in EB-5 cases and a track record of success in helping clients navigate the removal of conditions process. It is also important to choose an attorney who is responsive, communicative, and understands the unique needs and concerns of EB-5 investors.

Investors should also maintain open communication with their investment project and regional center.

These entities can provide valuable support and guidance throughout the process, including assistance with gathering the necessary documentation and addressing any issues that may arise with the investment.

If you have more questions about the removal of conditions process, book a free consultation with EB5AN.

The EB-5 Immigrant Investor Program, created by Congress in 1990, offers foreign investors the opportunity to obtain U.S. Green Cards by investing in job-creating projects. While the program has attracted billions of dollars in investments and supported thousands of jobs, it has also faced challenges, including fraud, mismanagement, and lack of transparency.

EB-5 investors, many of whom are unfamiliar with the U.S. investment landscape and face language barriers, can be exposed to wrong practices by some regional centers, sponsors, or developers.

To address these issues and protect the rights of EB-5 investors, EB5AN has created the “EB-5 Investor Bill of Rights.”

This document outlines 10 fundamental rights that EB5AN believes every EB-5 investor should expect and demand from regional centers and EB-5 projects.

What Is the EB-5 Investor Bill of Rights?

The EB-5 Investor Bill of Rights, inspired by the historic U.S. Bill of Rights that established basic protections for American citizens, is a set of 10 rights designed to protect the interests of EB-5 investors. These rights cover various aspects of the EB-5 investment process, from due diligence and project selection to ongoing communication and oversight.

The Bill of Rights aims to promote transparency, accountability, and fair treatment in the EB-5 industry. By clearly defining the rights of EB-5 investors, it empowers them to make informed decisions, engage effectively with regional centers and developers, and protect their investments.

The Bill of Rights was created in 2024 to address the need for stronger investor protections in the EB-5 program and set a new standard for how regional centers should treat EB-5 investors.

EB5AN’s Role in Creating the Bill of Rights

EB5AN has been a leading advocate for best practices, transparency, and integrity in the EB-5 industry. With extensive experience in EB-5 consulting and fund management, EB5AN has gained deep insights into the challenges and opportunities facing EB-5 investors.

Recognizing the need for stronger investor protections, EB5AN took the initiative to develop the EB-5 Investor Bill of Rights. The firm drew on its expertise, industry knowledge, and commitment to investor success to identify the key rights that investors should expect and demand.

By establishing these rights and promoting their adoption across the industry, EB5AN aims to elevate standards, reduce risks, and create a more investor-friendly EB-5 program.

10 Fundamental Rights for EB-5 Investors

The EB-5 Investor Bill of Rights includes 10 fundamental rights for investors, as follows:

1. Right to Direct Communication and Written Answers

Investors have the right to communicate directly with regional center principals and have their questions answered in writing. This ensures that investors can obtain the information they need to make informed decisions and have a record of the responses.

2. Right to Visit the Project Site

Investors have the right to personally visit the project site before investing. This allows them to assess the project’s progress, evaluate potential risks, and meet with key stakeholders.

3. Right to Transparency About Conflicts of Interest

Investors have the right to full disclosure of any conflicts of interest between the sponsor, regional center, and developer. This transparency helps investors understand potential risks and make informed choices.

4. Right to Independent Legal Representation

Investors have the right to hire an independent immigration attorney to represent their interests and provide guidance throughout the EB-5 process. This ensures that investors receive unbiased advice and have an advocate protecting their rights.

5. Right to Review Financial Statements

Investors have the right to review the financial statements of the project company and any guarantors before investing. This information is essential for assessing the financial health, risk profile, and viability of the project.

6. Right to Review the Project’s I-956F Filing Package

Investors have the right to review the project’s I-956F filing package, which is submitted to USCIS for approval. This package contains critical information about the project’s eligibility, job creation potential, and compliance with EB-5 requirements.

7. Right to Information on Track Records

Investors have the right to information on the regional center and developer’s track records, including both successes and failures. This information helps investors evaluate the experience, credibility, and reliability of the key parties involved in the project.

8. Right to Know About Legal Actions Against the Regional Center

Investors have the right to know about any SEC complaints, litigation, or other legal actions against the regional center. This information is crucial for assessing potential risks and red flags associated with the regional center.

9. Right to Regular Project Updates

Investors have the right to receive quarterly reports on the project’s progress, financial performance, and job creation. These updates keep investors informed about their investments and allow them to monitor compliance with EB-5 requirements.

10. Right to Review Financial Documents

Investors have the right to review financial documents that illustrate the flow of their investment funds. This transparency helps ensure that funds are being used as intended and in compliance with EB-5 regulations.

Importance and Impact of the Bill of Rights

The EB-5 Investor Bill of Rights represents a significant step forward in protecting the interests of EB-5 investors and promoting the integrity of the EB-5 program.

The adoption of the Bill of Rights by regional centers and the wider EB-5 industry can have far-reaching positive impacts. It can increase investor confidence, attract more qualified investors, and enhance the overall reputation of the EB-5 program.

Moreover, the Bill of Rights can serve as a catalyst for positive change in the EB-5 industry. It can encourage regional centers and developers to adopt best practices, increase transparency, and prioritize investor interests.

As more stakeholders embrace the principles and standards outlined in the Bill of Rights, it can help create a more level playing field, reduce instances of fraud or mismanagement, and foster a culture of integrity and accountability in the EB-5 program.

Who the Bill of Rights Matters To

The EB-5 Investor Bill of Rights is relevant to a wide range of stakeholders in the EB-5 ecosystem:

EB-5 investors: The Bill of Rights directly benefits EB-5 investors by outlining their rights, providing a framework for engaging with regional centers and developers, and helping them make informed decisions and protect their investments.

Regional centers and developers: Adopting the Bill of Rights can help regional centers and developers demonstrate their commitment to transparency, integrity, and investor protection, which can attract more investors, build trust, and enhance their reputation.

Immigration attorneys and advisors: The Bill of Rights serves as a valuable resource for immigration attorneys and advisors who guide investors through the EB-5 process, providing a clear set of expectations and rights they can use to advise their clients and ensure fair treatment.

EB-5 industry organizations: Industry groups and associations can use the Bill of Rights as a model for promoting best practices and self-regulation in the EB-5 industry, contributing to a more transparent, accountable, and investor-friendly program.

Policymakers and regulators: The Bill of Rights can inform policymakers and regulators as they consider reforms and improvements to the EB-5 program, highlighting the importance of investor protections and providing a framework for enhancing the program’s integrity and effectiveness.

The EB-5 Investor Bill of Rights highlights the fundamental rights we believe every regional center should guarantee to their investors. At EB5AN, we are committed to upholding these rights. If a regional center fails to respect any of the rights outlined here, it may be a sign of a lack of transparency, and you might want to consider exploring other regional centers and projects.

For more information about the EB-5 immigration process and secure investment opportunities, book a free consultation with EB5AN.

The EB-5 Immigrant Investor Program allows foreign nationals to get U.S. permanent residency by making a financial investment that creates 10 permanent, full-time jobs for U.S. workers. To join the EB-5 program, applicants need to meet several specific criteria. First, they must invest at least $1.05 million in a new commercial enterprise (NCE), or $800,000 if the NCE is in a targeted employment area (TEA).

Applicants also must prove that their investment capital comes from a legal source and provide the necessary documents to verify this. After their initial petition is approved, investors and their immediate family members receive conditional permanent resident status for two years. Once they can prove that their investment has fulfilled the program’s job creation requirement, they are eligible to remove conditions on their Green Cards and become unconditional lawful permanent residents.

Unfortunately, the EB-5 process may not be as straightforward for individuals with a criminal record. Criminal offenses, especially those involving moral turpitude, serious felonies, or drugs, can greatly impact eligibility.

This guide helps prospective EB-5 investors with a criminal history navigate the visa application process and understand the necessary steps to take.

What Are Background Checks?

At the start of the EB-5 visa process, a detailed background check is carried out by the U.S. Citizenship and Immigration Services (USCIS) on all EB-5 visa applicants to see if they qualify for long-term residency. This review includes looking at criminal history, so it is very important to provide complete and accurate information.

The background check process involves checking applicants’ criminal records in the U.S. and other countries where they have lived, doing fingerprint checks, and comparing these against various databases to make sure they do not pose a security threat.

If an applicant is found to have a criminal record, USCIS will look at factors like the severity and nature of the crime, the number of offenses, and the time since the conviction. Some criminal convictions can make them ineligible or lead to more scrutiny.

Crimes involving fraud, money laundering, or other serious crimes are particularly concerning. Convictions related to drugs, violence, or national security issues can greatly reduce applicants’ chances of getting an EB-5 Green Card.

What Are Crimes Involving Moral Turpitude and Aggravated Felonies?

A crime involving moral turpitude can make EB-5 applicants ineligible to enter the U.S. Courts define moral turpitude as a crime that is vile, base, or depraved and violates societal moral standards. It must be done willfully or with evil intent. Examples include:

• Fraud
• Assault
• Kidnapping
• Murder
• Crimes involving illegal drugs
• Robbery
• Abuse of a spouse or relative

However, where an offense involving moral turpitude has a maximum penalty of one year or less, and the defendant was sentenced to no more than six months in prison, it may be classified as a petty offense. This potentially makes the defendant eligible for a waiver.

An aggravated felony, on the other hand, is usually a criminal act that carries a prison sentence of one or more years. However, sometimes a misdemeanor with a jail term of less than one year is still considered an aggravated felony for immigration purposes.

To determine if a conviction falls into this category, the specifics of the crime are closely examined, often comparing the relevant state or foreign laws with U.S. federal laws. Not all crimes automatically disqualify an applicant from pursuing an EB-5 Green Card; it’s the nature and details of the crime that matter.

How Do You Apply for a Waiver?

As mentioned earlier, EB-5 applicants with criminal records may apply for a waiver of inadmissibility. Basically, a waiver is a formal request to USCIS to forgive the offense and allow the applicant to obtain permanent residency.

To be eligible for this special case waiver, you must show the hardship faced by a U.S. citizen relative, specifically a spouse or parent, who lives in the U.S. Here are the steps to take when applying for a waiver:

Petition the Criminal Court

You can ask the criminal court to erase your criminal convictions from their records. This action, called expungement, may help you secure specific job opportunities and professional licenses. However, even if the conviction is removed from your criminal record, it still counts for immigration purposes and must be disclosed when applying for an EB-5 visa.

Provide Evidence of Rehabilitation

USCIS will evaluate the rehabilitation and evidence of good moral character. Demonstrating positive changes and responsible behavior can greatly impact the assessment of your eligibility despite a criminal record.

Disclose All Information

It is vital for defendants to fully and accurately disclose their criminal history during the application process. Failing to do so can lead to a visa denial and potential charges of immigration fraud. Providing complete information is essential to ensure a fair evaluation of your case.

What Is Post-Conviction Relief?

Post-conviction relief includes various legal strategies that convicted individuals can use to contest their convictions or sentences. These methods include filing appeals, submitting habeas corpus petitions, or making motions to vacate, set aside, or correct the sentence.

While the main goal of these procedures is to address wrongful convictions or sentences, they also hold significant importance in immigration cases. Achieving post-conviction relief can potentially remove the immigration consequences associated with a conviction, helping in your goal of securing an EB-5 visa.

Is Legal Representation Important?

Having legal representation is crucial when handling immigration matters involving criminal records. With assistance from an immigration attorney, EB-5 applicants can understand how their criminal record impacts their EB-5 application. Attorneys can also assist in obtaining and presenting evidence of rehabilitation and navigating the difficulties of applying for waivers. If necessary, they can also represent you in legal proceedings.

Honesty is crucial when applying for an EB-5 visa. Applicants need to disclose all interactions with law enforcement, including dismissed charges or expunged records. Not disclosing the full truth on your application can make you ineligible for a Green Card, regardless of whether the incident itself would have disqualified you.

Some convictions do not automatically disqualify you from getting an EB-5 visa. These include simple traffic and parking violations, driving under the influence of alcohol, or other minor misdemeanors. However, multiple convictions in a short period could impact your eligibility and need evaluation.

What Is the Potential Impact of Immigration Reforms?

Immigration reforms can affect the EB-5 program and the evaluation of criminal records. Keeping up to date with changes in immigration law and policy is essential. As such, working with an attorney who is aware of current regulations and proposed changes can help ensure that your application meets the latest requirements.

How to Prepare for the Interview?

Thoroughly preparing for your interview is a crucial step in the EB-5 application process. If you have a criminal record, prepare to discuss it openly and honestly during your interview. Practice answering potential questions with your attorney and ensure you have all necessary documentation readily available.

Documentation is key to a successful EB-5 application, especially if you have a criminal record. Ensure that all documents related to your criminal history are accurate, complete, and well-organized. This includes:

• Police records and certificates.
• Court records and dispositions.
• Evidence of rehabilitation and good moral character.
• Any post-conviction relief documents.

What Is Good Moral Character?

Good moral character is a term used in U.S. immigration law that refers to behavior that meets the moral standards of the community. Evaluation is on a case-by-case basis, and a criminal record can negatively impact this assessment. However, demonstrating consistent good behavior and rehabilitation efforts can help reduce this impact.

Waivers for Other Grounds of Inadmissibility

Besides criminal records, there are other reasons you may be ineligible, such as health issues, security concerns, or prior immigration violations. It’s important to understand that waivers are available for some of these grounds as well, and your attorney can help you apply for them if necessary.

Waivers for Other Grounds of Inadmissibility

Applying for an EB-5 visa with a criminal record is challenging but not impossible. By understanding the requirements, disclosing your criminal history, and being aided by an experienced immigration attorney, you can navigate the process and potentially achieve your goal of becoming a U.S. permanent resident.

Book a free consultation with EB5AN now to get in touch with our team of leading EB-5 professionals.

For many families around the world, providing the best educational opportunities to their children is a top priority. The EB-5 Immigrant Investor Program offers a unique pathway to achieve this goal while securing permanent residency in the United States. This article explores how the EB-5 program can benefit investors’ children in the U.S. education system, from elementary school through university and beyond.

The EB-5 Program: An Overview

The EB-5 program, established by Congress in 1990, allows foreign investors to obtain U.S. permanent residency by investing in a new commercial enterprise (NCE) that creates jobs for U.S. workers. The current investment threshold is $800,000 for projects in targeted employment areas (TEAs) or $1,050,000 for projects outside TEAs. Successful applicants and their immediate family members receive conditional permanent residency, which can be converted to unconditional permanent residency after two years.

Benefits for Children’s Education

One of the primary motivations for many EB-5 investors is to secure better educational opportunities for their children. The program offers several advantages in this regard:

• Access to the U.S. public education system.
• In-state tuition rates at public universities.
• Eligibility for scholarships and financial aid.
• Easier admission process for U.S. colleges and universities.
• Opportunities for internships and post-graduation employment.

K-12 Education Opportunities

Children of EB-5 investors gain immediate access to the U.S. public school system upon receiving conditional permanent residency. This allows them to:

• Attend high-quality public schools for free.
• Immerse themselves in American culture and improve English language skills.
• Participate in extracurricular activities and sports programs.
• Build a strong academic foundation for college applications.

Higher Education Advantages

The EB-5 program provides significant benefits for investors’ children pursuing higher education in the United States. These include:

Admission Process

U.S. permanent residents are typically considered domestic applicants in the college admission process. This can be advantageous because:

• Many universities have higher acceptance rates for domestic applicants.
• Permanent residents are not subject to international student quotas.
• English language proficiency tests (like TOEFL or IELTS) may be waived.

Tuition and Financial Aid

As permanent residents, EB-5 investors’ children may qualify for:

• In-state tuition rates at public universities, much lower than international or out-of-state student rates.
• Federal financial aid, including grants and low-interest loans.
• A wider range of scholarship opportunities, including those restricted to U.S. citizens and permanent residents.

EB-5 vs. F-1 Visa: Comparing Educational Pathways

When considering options for studying in the United States, many international families weigh the benefits of the EB-5 program against the more traditional F-1 student visa. Both pathways offer unique advantages and challenges for students pursuing education in the United States. When deciding between EB-5 and F-1, families should consider:

• Long-Term Prospects: EB-5 provides a clear path to permanent residency and eventual citizenship, while F-1 is temporary and may require transitioning to other visas for long-term stay.
• Financial Implications: EB-5 requires a significant upfront investment but can lead to long-term savings on education costs. F-1 doesn’t require an investment but often means paying higher tuition rates.
• Employment Opportunities: EB-5 students have much more flexible work rights, enhancing internship and job prospects. F-1 students face limitations on off-campus employment.
• Flexibility: EB-5 status allows students to change majors, transfer schools, or take breaks from study without immigration consequences. F-1 students must maintain continuous enrollment and follow strict guidelines.

Financial Considerations

While the EB-5 program requires a substantial upfront investment, it can lead to significant long-term savings on education costs.

Investors should carefully compare the total cost of the EB-5 investment with potential savings over time, especially if they have multiple children who plan to study in the U.S.

Long-Term Career Prospects

Beyond education, the EB-5 program offers several advantages for children’s future careers:

• Permanent residents can work for any employer without sponsorship, providing greater job flexibility and negotiating power.
• They have access to a wider range of job opportunities, including those in government and sensitive industries.
• The path to U.S. citizenship is clear, with naturalization possible after five years of permanent residency.

These factors can significantly enhance long-term career prospects and earning potential.

Planning for the Future

For families considering the EB-5 program as a means to secure their children’s educational future, it’s essential to start planning early. Here are some key steps:

1. Research EB-5 projects and regional centers thoroughly.
2. Consult with experienced immigration attorneys and financial advisors.
3. Consider the timing of the application in relation to children’s ages and educational goals.
4. Explore target schools and universities to understand admission requirements and costs.
5. Develop a long-term financial plan that accounts for both the EB-5 investment and future expenses.

By taking a proactive approach, families can maximize the educational benefits of the EB-5 program and set their children on a path to success in the United States.

If you’re interested in learning more about how the EB-5 program can benefit your family’s future in the U.S., book a free one-on-one call with our expert team today.

The EB-5 program is a relatively fast pathway to get a U.S. Green Card and later become a U.S. citizen. It’s called the “immigrant investor program” because it lets foreign nationals invest capital in the U.S. to obtain the right to live there. Some people are happy with just a Green Card, which lets them live and work in the U.S. permanently. But others want to go further and become full U.S. citizens. This article explains in detail how to go from being an EB-5 investor to a U.S. citizen.

Steps From EB-5 Investor to U.S. Citizen

The first step is to invest capital in a new commercial enterprise (NCE). You must invest at least $1,050,000, or $800,000 if the NCE is in a targeted employment area (TEA). Your investment must create or keep at least 10 full-time jobs for U.S. workers. This is a key requirement of the program.

You have two main choices for how to invest:

1. Direct investment: This means you invest directly in a new commercial enterprise.
2. Regional center investment: This means you invest in a larger-scale project sponsored by a designated regional center.

Direct investment gives you more control, but it also tends to be riskier. Regional center investment is usually easier, but you have less control over the business. It’s important to study your options carefully before deciding. You might want to talk to a lawyer or financial advisor who is knowledgeable about EB-5 investments.

After you invest, you need to file a form with the U.S. government. This form is called Form I-526E for regional center investments, or Form I-526 for direct investments. You need to provide certain documents to prove you qualify, including:

• Proof that you made the investment.
• Documents showing the source of your investment funds.
• A detailed business plan.
• Proof that the business will create jobs.

Apply for a Green Card

After Form I-526E, you can apply for a Green Card. This is also called “adjusting status” if you’re already in the U.S., or “consular processing” if you’re outside the U.S.

If you’re already in the U.S., you fill out Form I-485. Eligible investors can file this form at the same time as their I-526E to save time, which is known as concurrent filing.

If you’re outside the U.S., you fill out Form DS-260. You may also need to have a medical exam and provide supporting documents.

Once you get your initial EB-5 Green Card, you’re a “conditional permanent resident” of the U.S. This means you can live and work in the U.S., but there are some conditions you need to meet.

After two years, you need to prove that your investment is still active and has created the required jobs. You do this by filing Form I-829. This form asks for proof that you’ve met all the EB-5 program requirements. If the government approves this form, you get a permanent Green Card. This means you can live in the U.S. for as long as you want, and renew your permanent Green Card every 10 years.

After five years of having a Green Card—including the initial conditional Green Card—you can apply to become a U.S. citizen. This process is called “naturalization.” We’ll discuss this in more detail below.

Why Become a U.S. Citizen?

Being a U.S. citizen gives you more benefits than just having a Green Card. These include:

• You can vote in U.S. elections.
• You can bring more family members to the U.S. Citizens can sponsor more types of family members for Green Cards.
• You can apply for federal jobs. Some jobs are only open to U.S. citizens.
• You can travel outside the U.S. for as long as you want. Green Card holders have to be careful not to stay outside the U.S. for too long.
• You can’t be deported.
• You get a U.S. passport. This can make it easier to travel to many countries.
• Your children born outside the U.S. can become citizens automatically.
• If you want to be more involved in your community, you can run for many local and state offices.

How to Qualify for U.S. Citizenship

To become a U.S. citizen, you must meet several requirements:

• Have had a Green Card for at least five years: This time starts from when you got your first (conditional) Green Card.
• Have lived in the U.S. for the past five years: You need to show that you’ve made the U.S. your home.
• Have been physically present in the U.S. for at least 30 months out of the last five years: This means you can’t spend too much time outside the U.S.
• Have lived in your current state for at least three months: This is where you’ll apply for citizenship.
• Be a person of good moral character: This means you follow laws and are honest.
• Pass tests on English and U.S. history and government: You need to show that you can speak, read, and write basic English, and that you understand how the U.S. government works.
• Promise to be loyal to the U.S.: This is called taking an “oath of allegiance.”

The Process of Becoming a U.S. Citizen

Before you start the application, you should:

• Make sure you meet all the requirements.
• Collect all the documents you need, like your Green Card, passport, and tax returns.
• Study for the English and civics tests.
• Read the instructions for the application form carefully.
• Fill out the application and pay the fees.

The application for citizenship is called Form N-400. You can fill it out online or on paper. The form asks for detailed information, such as:

• Your personal information.
• Where you’ve lived and worked.
• Your trips outside the U.S.
• Information about your family.
• Your criminal record (if any).

After you submit your application, the government will ask you to come in to give your fingerprints. They use these to perform a background check and make sure you haven’t committed any crimes that would stop you from becoming a citizen.

Then, you’ll have a citizenship and naturalization interview with a government officer. They will ask you questions about your application to make sure everything is correct. You’ll also take tests on English and U.S. civics during this interview. For the English test, you’ll need to read, write, and speak some basic sentences. For the civics test, you’ll answer questions about U.S. history and government.

After your interview and tests, the government will make a decision about your application. They might:

• Approve your application.
• Ask for more information.
• Deny your application.

The decision will be mailed to you. If your application is approved, you will be invited to a citizenship ceremony. At this ceremony, you’ll take the Oath of Allegiance, then get your Certificate of Naturalization. This proves that you’re now a U.S. citizen.

How EB5AN Can Help You

Becoming a U.S. citizen through the EB-5 program can be a long and detailed process, with several steps that require careful attention. From making the right investment to meeting the job creation requirements and filing the necessary forms, it’s easy to feel overwhelmed. That’s why having experienced professionals by your side is so important. EB5AN has helped over 2,300 families successfully navigate this journey to becoming lawful permanent residents in the U.S. With our in-depth knowledge of the program, we’ll guide you through every step, making the process smoother and more manageable.

Book a free one-on-one consultation with our expert team today.