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EB-5 INVESTMENT VISA PROGRAM

Under EB-5 Investment Visa program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

  • Make the necessary investment in a commercial enterprise in the United States; and
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Obtaining a green card through the EB-5 program involves three major steps:

Step 1

Filing the I-526 Petition: The first step is to make a qualifying capital investment and then submit an I-526 petition to U.S. Citizenship and Immigration Services (USCIS). You, the immigrant investor, will need to conduct due diligence to decide where to invest your funds—either in your own business or a regional center–affiliated project—and then remit your capital investment to the EB-5 enterprise. Depending on the investment opportunity selected, you will remit your capital either directly to the enterprise's bank account or into an escrow account established by the enterprise. If you choose to invest in a regional center–affiliated project, you will most likely pay an administrative fee in addition to your capital investment amount.

During the first step, you will work with our office to document the source and path of your invested capital. You will ultimately submit an I-526 petition to USCIS consisting of a Form I-526 (Immigrant Petition by Alien Entrepreneur) along with supporting evidence including proof of your investment, the lawful source of all invested capital, the establishment of the EB-5 enterprise (and if applicable, the regional center), and the enterprise's planned job-creating activities. It is important to note that approval of your I-526 petition alone does not mean that you have been granted admission to the United States as a lawful permanent resident.

Step 2

Applying for Conditional Lawful Permanent Residence: After your I-526 petition is approved, you will be able to apply for conditional lawful permanent residence (CLPR) as long as a visa number is available for your case. If there are more visa applicants than there are visas available in the EB-5 category, a visa number will not be available to you right away. Instead, you will have until the time your I-526 filing date (or "priority date") falls within the cut-off date that is set monthly by the Department of State. The wait time could take several years.

If the EB-5 visa numbers are available, the second step will be for you and your derivative family members (spouse and/or children) to apply for CLPR based on your approved I-526 petition. This may be done through either consular processing outside the United States or adjustment of status within the United States. If you are outside the U.S. when your I-526 petition is approved, you will follow consular processing procedures through the National Visa Center and then with the appropriate U.S. embassy or consulate abroad. If you are already in the United States in a lawful nonimmigrant status when your I-526 petition is approved, you will follow procedures required for adjustment of status, and the 'green card' application will be submitted to USCIS. If adjusting status, you may be called for an immigrant interview, but the interview process is typically waived. The same issues regarding admissibility that are relevant in consular processing cases also apply to adjustment cases. These include, but are not limited to, issues of prior criminal history, Communist Party membership, prior removal orders, and medical grounds of inadmissibility.

Step 3

Filing the I-829 Petition to Remove Conditions on Permanent Residence : The final step of the EB-5 process is the filing of an I-829 petition to USCIS, consisting of the Form I-829 (Petition by Entrepreneur to Remove Conditions) with supporting evidence showing that you maintained your investment during your CLPR period and that the EB-5 enterprise created the requisite jobs. The I-829 petition can be filed anytime starting 21 months after CLPR approval and before the CLPR expires. Upon I-829 approval, you will receive a 10-year permanent residence "green card". This green card can be renewed every 10 years, provided you can demonstrate continued residence in the United States

We look forward to working closely with you on your EB-5 matter, and will use our best professional efforts to achieve a successful outcome in your case.

Best regards,Akanksha

For more information, please contact us at 215-368-8600 or ak@akaimmigration.com

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