PROCESS OF EB-5

EB-5 Investment and Immigration Processes

There are four basic steps that the investors need to complete in order to become permanent residents of the U.S. via the EB-5 visa program. Once all the steps have been completed, the EB-5 investor, spouse, and their unmarried children under the age of 21 can become permanent residents of the U.S. Further, they will also have the option to acquire U.S. citizenship after obtaining their permanent residency.

  • Locating an EB-5 Project
  • Capital Investment and I-526 Petition
  • Two Year Conditional Permanent Residency
  • Unconditional Permanent Residency and the I-829 Petition

 

 To further simplify the steps, read below:

The team of legal and business professionals will help you navigate the numerous stages of the process like:

  • Invest $500,000 in EB-5 approved Regional Center
  • Next, the attorney will evaluate the Source of Funds before the petition is filed with USCIS
  • Now the investor will submit the I-526 application made by experienced attorneys accompanied by tax returns & other documents to substantiate source of investment funds

Once the investor completes their due diligence on EB 5 project or business, only then is the investment made and the I-526 petition is filed with USCIS (the United States Citizenship & Immigration Services) seeking approval of I-526 for the issue of Conditional Green Card.

  • It is important to note that the time taken to obtain the conditional Green Card, in any particular case, would depend on multiple factors. Usually, the average time taken for all these various petitions, starting from Filing of I-526 to obtaining the Permanent Green Card is mentioned below (check the flowchart at the bottom of this page). Also, please note that the timelines are dynamic.
  • I-526 approval takes about 16-18 months
  • Once USCIS approves the I-526 petition, investors get a Conditional Green Card which is valid for a period of 24 months.
  • Conditional Green card status confers the same rights as that of a permanent Unconditional Green card

Now, between 21-24 months, once the conditional Green card has been issued, the investor must file an application to remove the conditions on the Green Card. This petition is now filed through the attorney and the application to be filed is I-829.

Here, the investors’ conditional Green card is spontaneously extended even though the application for I-829 to remove conditions, is pending

Once the conditions have been detached, an unconditional Green card is granted for permanent resident status in the US.

The total time period, from the time of application for the conditional Green card until approval of the removal of conditions, is approximately 5 years.

PROCESS FLOWCHART

PICTORIAL REPRESENTATION

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