Search Results for: DS-260

Difference Between EB-5 Direct Investments and Regional Center Projects

…I-526E or Form I-526. Following approval from USCIS, EB5 investors outside the United States need to file Form DS-260. Those who are already within the U.S. must file Form I-485, Application to Register Permanent Residence or Adjust Status. Since March 2022, investors residing in the U.S. are no longer required to wait for the approval of their I-526E petition before filing Form I-485; they have the option to submit both applications simultaneously. EB-5 Investment Requirements EB-5 investments must either establish a new commercial enterprise, invest in an existing commercial enterprise, or revive a struggling business, with the latter requiring significant…

The Petition Process of the EB-5 Program

…to discuss their individual needs, goals, and circumstances. An EB-5 lawyer can help an investor determine the best type of EB-5 investment for them and their family and guide them through the preparation process for the I-526 petition. Most importantly, they can help investors navigate the fund-sourcing aspect of the petition, generally cited as the most challenging and time-consuming aspect. USCIS needs to know that any EB-5 investment funds it handles have come from lawful sources. Thus, investors are required to present proof of the lawful sources of their EB5 investment capital. EB-5 capital can come from any number of…

How to Obtain U.S. Permanent Resident Status Through the EB-5 Program

…with promising job creation potential. 2. Transfer the Investment Funds Before transferring the funds to the project’s account, EB-5 investors must make sure that they are ready to document the sources of their funds. USCIS will ask them to trace the invested funds back to their sources in great detail. As previously mentioned, the funds must remain at risk once they are invested. 3. Submit Form I-526 Once an investor has transferred the funds to the project’s account and made sure that they are in compliance with all USCIS regulations, it is time to file Form I-526, Immigrant Petition by…

A Comprehensive Guide to U.S. Investment Visas

…is also required. Source of Funds Demonstrating that the investment funds were legally sourced is crucial for the I-526 application. Detailed documentation is necessary to trace the investment’s legal origins for USCIS, covering the path of the funds from their origin to the NCE. This process is commonly called “EB-5 source of funds” and includes any funds earned by the investor or obtained indirectly, such as through gifts or inheritance. Documentary evidence can vary based on how the funds were obtained, potentially including promissory notes, financial statements, stock sale evidence, dividend certificates, property sale records, mortgages, and banking records. For…

How to Gain EB-5 Permanent Resident Status

…the new commercial enterprise. A new commercial enterprise can only have one EB-5 direct investor. In these cases, the EB-5 investor is usually involved in the day-to-day management of the business. Regional centers, on the other hand, are organizations set up to pool EB-5 funds from several foreign investors, managing the allocation of these funds to the project. 2. Apply for the EB-5 Visa Next, the individual must apply for the EB-5 visa by submitting Form I-526/I-526E to United States Citizenship and Immigration Services (USCIS). If the foreign national made their investment via a regional center (as the vast majority…

The EB-5 Visa for South African Investors

…within a targeted employment area (TEA), the investor is required to deposit the minimum investment of $800,000 into the regional center’s investment pool. The investor must prove that the investment funds are personally owned and have been acquired through lawful means, such as earnings, dividends, gifts, inheritance, real estate sales, or stock transactions. Then, the investor must submit Form I-526E to the United States Citizenship and Immigration Services (USCIS), the federal agency managing the EB-5 program under the Department of Homeland Security, through an immigration lawyer. In this submission, the investor needs to verify that: The necessary investment has been…

The Steps to an EB-5 Green Card

…Step 4: Apply for an EB-5 Visa Once an investor receives I-526 approval on their EB5 investment, they’re finally eligible to apply for a U.S. green card. Investors residing overseas must file a DS-260 with their local U.S. embassy or consulate and undergo an in-person visa interview. Investors who already live in the United States on a different visa have an easier process, as they may simply file an I-485 petition to adjust their U.S. immigration status. Investors from backlogged countries—as of April 2021, China and Vietnam—will have to keep an eye on the final action dates and dates for…

Advantages of the EB-5 Visa Program for Investors with Families

…Application Process Eligibility Criteria Advantages of a Green Card General Benefits of Green Cards Advantages for Children Educational Advantages for Students Family-Wide Rewards Key Insights to Remember Work with EB5AN to Maximize Benefits Understanding the EB-5 Visa Program The EB5 visa program serves as a pathway for investors to gain Green Cards by investing in the U.S. economy. Through the EB-5 visa, investors secure the ability to live in the United States without requiring an employment or visa sponsor. It also eliminates the need for an H-1B visa to be employed by U.S. companies. Application Process An EB-5 application starts…

Processing Times For EB-5 Visa Program Investors

…typically used when an individual already lives in the United States. For the EB-5 program, investors and their immediate family members must submit the DS-260 application with the National Visa Center (NVC) to gain admission to the United States. After the NVC reviews the application, it is forwarded to the U.S. consulate in the investor’s country of origin. At the consulate, the form is processed, and the applicant will be invited for a visa interview. Processing times between the NVC and the consulate can be lengthy, with some applicants having to wait for more than a year. Consular processing times…

How Concurrent Filing Streamlines the EB-5 Process

…investment. Information showing the lawful source of their NCE investment funds. Financial and bank statements, property records, tax returns, and more supporting documentation. What Is Form I-485? Typically, after USCIS has approved an EB-5 investor’s I-526/I-526E form, they become eligible to obtain conditional permanent resident status. To do so, EB-5 investors already living in the United States must submit Form I-485 to USCIS, while applicants living outside the United States submit Form DS-260 and then attend a visa interview at the U.S. embassy or consulate in their home country. Once this petition is approved, an applicant’s conditional EB-5 Permanent Resident…