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How to Go from EB-5 Investor to U.S. Citizen

A U.S. flag on some American dollars, referring to citizenship by investment.

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

A close up of a green card inside a passport, with the American flag behind it.

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?

A family of foreign investors enjoying the benefits of a U.S. green card.

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

An alien entrepreneur looking at his computer screen for business graphs and capital investment data.

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

A hand holding a green card with the EB5AN logo on it.

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.