…Project Upon selecting a New Commercial Enterprise, either in the form of a new business or an EB-5 project, the investor needs to sign a partnership agreement with the business, usually involving the transfer of the necessary funds into an escrow account. Submitting Form I-526/I-526E Every EB-5 investor needs to file either Form I-526, Immigrant Petition by Standalone Investor or Form I-526E, Immigrant Petition by Regional Center Investor, to USCIS. At this stage, the application must include evidence that the investor qualifies for the application, the investment funds are held in escrow, and the EB-5 project is expected to generate…
…to foster investment in underserved communities. For EB-5 investment projects located outside of TEAs, the minimum required investment increases to $1,050,000. It’s important to note that an EB5 investment must be channeled into a New Commercial Enterprise (NCE), and the investment must generate a minimum of 10 permanent full-time positions for U.S. workers. These positions must be maintained for two years. The investment capital must remain “at risk” for at least two years, with no assurance of financial return during this period. Moreover, all funds utilized throughout the EB5 process must have a lawful source. The source of funds requirement…
…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…
…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…
…will need to file Form DS-260 in order to enter the country and take up legal residence as conditional permanent residents. Applicants already legally residing in the United States on a different visa file Form I-485, Petition for Adjustment of Status, to change their immigration status to conditional permanent resident. The EB-5 Reform and Integrity Act now allows for Forms I-526E and I-485 to be filed concurrently. This eliminates an additional waiting period for investors already residing in the United States. Form I-829, The Final Step In the last 90 days of this two-year conditional permanent residence, an investor and…
…to the National Visa Center (NVC) to proceed with the visa application, but if you’re from a backlogged country (as of April 2020, China, India, and Vietnam are the only backlogged countries), the NVC will hold off on contacting you until your priority date is earlier than the final action date of your country. The backlogs move in unpredictable ways, so if you’re from a backlogged country, expect to wait several more months or even years. Time Needed to File and Receive Adjudication for an I-485 Petition or DS-260 If you’re living outside the United States, you can start the…
…the U.S. State Department, once they have received their I-526/I-526E petition approval. This means that the investor is in line for the next available consulate interview appointment. In order to apply for a conditional Green Card, investors living outside of the United States must submit Form DS-260 and then attend a visa interview at the U.S. embassy or consulate in their home country, while those already living in the United States are required to submit Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. Eligible investors inside the U.S. can submit their Form I-485 along with their…
…securing an EB-5 visa. If visas are available, investors can apply for green cards immediately upon receiving I-526 approval. Spouses and children under the age of 21 are also eligible for green cards. Unfortunately, many countries currently face backlogs that can delay them in obtaining conditional residency status. Investors currently residing in countries outside the United States can file a DS-260 form for consular processing. The National Visa Center reviews the forms and then schedules interviews with investors at the U.S. consulate closest to their location. Upon completing a satisfactory interview, investors will receive immigrant visa stamps in their passports…
…investor must submit Form DS-260, Immigrant Visa Electronic Application. If living in the U.S., Form I-485, Application to Adjust Status, must be filed to change from nonimmigrant to immigrant status. Concurrently, Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, may be submitted. With an approved DS-260 or I-485 application, the investor gains conditional permanent resident status, which after 21 months requires the submission of Form I-829, Petition by Entrepreneur to Remove Conditions from Permanent Resident Status. Once Form I-829 is approved, the investor has unconditional permanent resident status and has successfully completed the EB-5 process….
…status. Even if your original resident status expires while your I-485 petition is pending approval, you are permitted to remain in the United States. If you are living in your home country, you must file Form DS-260 via your local U.S. consulate. Following the processing of your application, you will be required to appear at your local consulate for an immigration interview. After you complete the visa application process, you will receive a two-year conditional permanent residence card. Step 8: File Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status The final step in the EB-5 process…
