Under the EB-5 Visa program, a foreign investor who has invested capital of USD 500000 or more (amount variable) in any of the government-approved projects in the country is eligible for a Green card issued by the Government of the USA. Not just the investor but his immediate family members (i.e. spouse and unmarried children under the age of 21) are also eligible for the same. After five years from obtaining a green card, they are eligible to file an application for citizenship in the country.
Phase 1: Choose The EB-5 Project To Invest In
EB-5 projects generally include new commercial projects, regional center projects, etc. As an investor one must choose the right project to invest in and professionals/firms are operating as Overseas migration agents to assist the investors to locate and choose the projects best suited for them.
Phase 1: Choose The EB-5 Project To Invest In
Phase 2: File The I-526 Petition For Capital Investment
Phase 2: File The I-526 Petition For Capital Investment
The second step involves investing the required capital in the selected project and generate an authorized proof for this investment. For this, the investor needs to approach an Immigration Attorney who will file an I-526 petition with USCIS, the United States Citizenship and Immigration Services for the same. Within 12 to 18 months to the filing of the petition, USICS will inform whether it is accepted or not and if denied will refund the investment to the petitioner in most cases. The minimum capital for investment is 50000 USD for projects located in Targeted Employment Areas (TEAs) and 1 million USD for other regions.
Phase 3: The Two-Year Conditional Residency Period
As the next step of the application process is to apply for a two-year conditional residency permit to implement the project, they have invested in under the EB-5 program. They become residents once their I-526 petition is approved by USCIS. During this period, the investor’s physical presence is required as per the rules and cannot be out of the country for more than a year without obtaining a re-entry permit. For investors already having lawful status in the United States, their status can be adjusted to the conditional permanent resident by filing form I-485. For investors who do not have an existing lawful status, form DS-230 is to be filed via National Visa Center for an immigrant visa which is to be processed through the U.S. consulate or embassy in their home country. In either case, the filing requires the service of an immigration attorney. An immigrant visa usually takes 6-12 months to get processed.
Phase 3: The Two-Year Conditional Residency Period
Phase 4: Unconditional Permanent Residency And The I-829 Petition
