Even if you meet the EB5 visa requirements, there’s an application process that must be followed to receive your Green Card. Permanent residency in the United States is available to you, as an investor, as well as your:
- Unmarried children who are under 21
- Spouse
If you decide that you want to pursue your Green Card through the EB5 Visa, follow the steps below.
Consult with an Immigration Attorney
Working with an immigration lawyer leaves nothing up to chance. You can and should consult with an attorney who:
- Specializes in immigration law
- Offers experience in the EB5 visa application process
You’ll want to select a lawyer who has strong client testimonials and a track record of success to help you reach your immigration goals.
Selecting an EB5 Project
Shoora EB5 can help you select a project that meets all of the EB5 project requirements, which require:
- $800,000 – $1,050,000 in investment, depending on the type of project
- 10+ full-time jobs created in two years
Your project selection must be done strategically so that you can be confident your investment meets the program’s requirements and offers you a solid return on your investment.
If you find a project that you’re confident in investing in, it’s time to begin filing your I-526 petition and going through the rest of the application steps.
Investment and Filing an I-526 Petition
Part of the investor visa USA cost relates to filing your I-526 petition. The EB-5 immigrant investor program and the I-526 form will require that you show:
- Lawful source of funds. For example, you need to show that you saved up the funds or that they came from your business financials.
- Details of the investment, projected job creation and more.
- A business plan that shows the viability of the investment being successful.
You’ll also need to supply personal documents, such as your passport or birth certificate.
Approval of the I-526 Petition
You can meet all of the EB5 visa requirements, but approval is not immediate. For many investments, the I-526 visa will have a 2-year processing time on its own.
Obtaining Conditional Permanent Resident Status
EB5 visa holders can apply for conditional lawful permanent resident (CLPR) status. Once your application is approved, you will be granted CLPR, and this will initiate the two-year period in which you may remain in the U.S.
The USCIS will issue you a permanent resident card or Green Card, which will show the approval and expiration dates of your CLPR.
Once the two-year period is up, the status expires automatically. To remain in the U.S., you will need to file a petition to have the conditions removed from your Green Card.
Maintaining Conditional Residency
Once you have received your conditional Green Card on your investor visa, you will need to maintain conditional residency.
There are continuous residency and physical presence requirements that must be met if you wish to obtain permanent residency eventually. For example, you can only travel outside of the U.S. for a certain period of time. If your continuous residency is disrupted for an extended period of time, USCIS may take the stance that you have abandoned your residency status.
It is crucial to consult with an experienced immigration attorney who can explain how to maintain your conditional residency.
Filing an I-829 Petition to Remove Conditions
To transition from conditional to permanent residency in the U.S., you will need to submit an I-829 petition, which is the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
In order to be eligible, you must meet the following requirements:
- Proof of job creation. You must be able to show that the project created at least 10 full-time jobs.
- Proof that these are full-time positions offering at least 35 working hours per week and were filled by qualified U.S. workers.
- Evidence that the jobs that were created were intended to last at least two years.
The submission process is straightforward, but it must be done within the 90-day period before the end of conditional permanent residency.
Here are a few important things to know:
- The fee for filing the petition is $9,525, and you’ll also need to pay an additional $85 biometrics fee.
- Your lawyer will also need to submit the completed Form I-526E with supporting documentation to USCIS.
- You will receive a receipt from USCIS once your petition is received. This is not an approval but rather just an acknowledgment of receipt.
Approval of the I-829 Petition
If USCIS approves your I-829 petition, the conditions will be removed from your lawful permanent residence status. You will then be issued 10-year Green Cards that you may renew indefinitely.
Processing for the I-829 petition can take up to two years (sometimes longer). While your petition is still being processed, you can extend your conditional Green Card for up to 48 months.
In Conclusion
The U.S. investor visa provides a path to permanent residency. However, you must follow the steps above precisely to avoid delays and potential denials from USCIS. Working with an experienced immigration attorney is the key to success.
