EB-5 Visa Program Process –
Step by Step

EB-5 Visa Process

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Overseas accredited investors are presented with the project’s offering materials and asked to evaluate the project using guidance from their legal representatives, as well as financial and tax advisors.
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Once the investor decides to invest in a Regional Center Project, investors will sign subscription documents including a subscription agreement to purchase the investment and escrow agreement regarding the deposit of the investor’s capital funds in an escrow bank. Prior to accepting the investor’s capital funds, all investors will be screened by the Regional Center and the escrow bank using the investor’s information from the pre-subscription questionnaire, as required by U.S. law.
At this same time, investor will work with their immigration counsel and advisors to begin preparing the necessary forms and evidence of the investor’s source of funds.
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Once the investor decides to invest in a Regional Center Project, investors will sign subscription documents including a subscription agreement to purchase the investment and escrow agreement regarding the deposit of the investor’s capital funds in an escrow bank. Prior to accepting the investor’s capital funds, all investors will be screened by the Regional Center and the escrow bank using the investor’s information from the pre-subscription questionnaire, as required by U.S. law.
At this same time, investor will work with their immigration counsel and advisors to begin preparing the necessary forms and evidence of the investor’s source of funds.
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Upon notification that investor has satisfied the escrow bank’s pre-screening, investor is required to deposit with the escrow bank the capital investment amount of US $500,000 plus the administration fee associated with that project.
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Upon notification that investor has satisfied the escrow bank’s pre-screening, investor is required to deposit with the escrow bank the capital investment amount of US $500,000 plus the administration fee associated with that project.
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Once the documentation is complete and the investment is deposited in the escrow bank, the investor will work together with their immigration counsel to prepare the initial green card petition for the investor and family (known as Form I-526).
The Form I-526 application package is filed by the investor’s immigration counsel with the USCIS, at which time the case is assigned an official tracking number, known as a “Receipt Number”.
Investor must work closely with their immigration counsel in order to prepare the I-526 application package. Your highly experienced immigration counsel will review the application to ensure that documentary evidence has been provided in order to clearly demonstrate the lawful source of the investment.
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Once the documentation is complete and the investment is deposited in the escrow bank, the investor will work together with their immigration counsel to prepare the initial green card petition for the investor and family (known as Form I-526).
The Form I-526 application package is filed by the investor’s immigration counsel with the USCIS, at which time the case is assigned an official tracking number, known as a “Receipt Number”.
Investor must work closely with their immigration counsel in order to prepare the I-526 application package. Your highly experienced immigration counsel will review the application to ensure that documentary evidence has been provided in order to clearly demonstrate the lawful source of the investment.

Legal Counsel submits I-526 Immigration Petition

Legal Counsel submits I-526 Immigration Petition

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I-526

Upon approval of Form I-526 application, Investor may apply for Lawful Permanent Residence via Consular Processing (when investor is outside the United States) or Adjustment of Status (when investor is in valid non-immigrant status in the United States).
Please note that Adjustment of Status is not available in some instances, such as investor’s entrance pursuant to the ESTA – Visa Waiver Program. Consult an Immigration Attorney for case-specific advice.

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NVC

If consular processing, approval of I-526 is forwarded to the National Visa Center (NVC) for processing.
The NVC will contact investor with information, forms, and document requirements for completion prior to the scheduling of a visa interview at the U.S. Consulate.
More information about the NVC and consular processing is available at:
http://travel.state.gov/

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I-485

If adjusting status in the United States, investor must submit an I-485 application to USCIS.
Investor’s immigration attorney will assist the investor with the required forms and documentary evidence to be submitted with the I-485 application.
Separate applications must be submitted for each of the investor’s qualifying relatives (spouse and children under 21).

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Guidelines

Once the NVC notifies the investor that an interview has been scheduled, investor will be asked to submit to a medical examination, the results of which must be presented at the interview.
Investor must review U.S. Embassy/Consulate General-specific interview guidelines and ensure all necessary original documents will be available at the time of interview.
More information available at http://travel.state.gov/

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Advance Parole

During the time the application is pending, investor and family are able to obtain employment and travel authorized by USCIS.
Subject to few exceptions, applicants for Adjustment of Status must receive advance permission to return to the United States if traveling outside the United States.
This advance permission is called Advance Parole.
If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS.

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U.S. Consulate Interview

Conditional Residence is usually granted at the time of interview.
More information available at http://www.uscis.gov
Upon approval of Conditional Residence, Investor and family members must enter the United States withinn 6 months in order to receive their Lawful Permanent Residence card.
Upon approval of I-485 application, investor and family members will receive a Welcome Notice, and shortly thereafter, a Lawful Permanent Resident Card as evidence of their new status as Conditional Residents of the United States.

View the U.S. Department of State waitlist here:
Note: Subsection A., “Final action dates” are the default waitlist dates

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I-485

Upon approval of I-485 application, investor and family members will receive a Welcome Notice, and shortly thereafter, a Lawful Permanent Resident Card as evidence of their new status as Conditional Residents of the United States.

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I-526

Upon approval of Form I-526 application, Investor may apply for Lawful Permanent Residence via Consular Processing (when investor is outside the United States) or Adjustment of Status (when investor is in valid non-immigrant status in the United States).
Please note that Adjustment of Status is not available in some instances, such as investor’s entrance pursuant to the ESTA – Visa Waiver Program. Consult an Immigration Attorney for case-specific advice.

us-immigration-fund-visa-eb-5-arrow-down-full

NVC

If consular processing, approval of I-526 is forwarded to the National Visa Center (NVC) for processing.
The NVC will contact investor with information, forms, and document requirements for completion prior to the scheduling of a visa interview at the U.S. Consulate.
More information about the NVC and consular processing is available at:
http://travel.state.gov/

I-485

If adjusting status in the United States, investor must submit an I-485 application to USCIS.
Investor’s immigration attorney will assist the investor with the required forms and documentary evidence to be submitted with the I-485 application.
Separate applications must be submitted for each of the investor’s qualifying relatives (spouse and children under 21).

us-immigration-fund-visa-eb-5-arrow-down-full

Guidelines

Once the NVC notifies the investor that an interview has been scheduled, investor will be asked to submit to a medical examination, the results of which must be presented at the interview.
Investor must review U.S. Embassy/Consulate General-specific interview guidelines and ensure all necessary original documents will be available at the time of interview.
More information available at http://travel.state.gov/

Advance Parole

During the time the application is pending, investor and family are able to obtain employment and travel authorized by USCIS.
Subject to few exceptions, applicants for Adjustment of Status must receive advance permission to return to the United States if traveling outside the United States.
This advance permission is called Advance Parole.
If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS.

us-immigration-fund-visa-eb-5-arrow-down-full

U.S. Consulate Interview

Conditional Residence is usually granted at the time of interview.
More information available at http://www.uscis.gov
Upon approval of Conditional Residence, Investor and family members must enter the United States withinn 6 months in order to receive their Lawful Permanent Residence card.
Upon approval of I-485 application, investor and family members will receive a Welcome Notice, and shortly thereafter, a Lawful Permanent Resident Card as evidence of their new status as Conditional Residents of the United States.

View the U.S. Department of State waitlist here:
Note: Subsection A., “Final action dates” are the default waitlist dates

I-485

Upon approval of I-485 application, investor and family members will receive a Welcome Notice, and shortly thereafter, a Lawful Permanent Resident Card as evidence of their new status as Conditional Residents of the United States.

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Conditional USA Residency Granted

Conditional USA Residency Granted

I-829

Within 90 days of the expiration of Investor’s and family’s conditional residence in the United States (90 days of the 2nd year anniversary of such status), applications must be submitted to remove the conditions of their Lawful Permanent Residence status.
Investor’s legal counsel will submit Form I-829 for the removal of conditions.
Upon approval of I-829 application, conditions are removed from investor’s and family members’ Lawful Permanent Residence.
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I-829

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Within 90 days of the expiration of Investor’s and family’s conditional residence in the United States (90 days of the 2nd year anniversary of such status), applications must be submitted to remove the conditions of their Lawful Permanent Residence status.
Investor’s legal counsel will submit Form I-829 for the removal of conditions.
Upon approval of I-829 application, conditions are removed from investor’s and family members’ Lawful Permanent Residence.

Permanent Residency Granted

Permanent Residency Granted

USA Citizenship

While U.S. citizenship is optional, Investor and his/her family are eligible to apply for citizenship within 4 years and 9 months of their initial entry (provided that other criteria for citizenship such as physical presence, for example, is met).
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USA Citizenship

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While U.S. citizenship is optional, Investor and his/her family are eligible to apply for citizenship within 4 years and 9 months of their initial entry (provided that other criteria for citizenship such as physical presence, for example, is met).