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Authorised Representative of

Investor VISA

The EB-5 Immigrant Investor Visa program allows foreign nationals to obtain U.S. permanent residency (green card) by investing in a U.S. business that creates jobs for U.S. workers. To apply for the EB-5 visa, you need to meet specific eligibility requirements and follow a detailed application process. Here is a comprehensive checklist for the EB-5 visa:

Determine Your Eligibility

To apply for an EB-5 visa, you must meet the following basic eligibility criteria:

  • Investment Amount: You must invest at least $1.05 million in a U.S. business. However, if the investment is made in a Targeted Employment Area (TEA) (a rural area or one with high unemployment), the required investment amount is $800,000.
  • Job Creation: Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of your adjustment of status or entry into the U.S.
  • Source of Funds: You must demonstrate that the investment funds come from legal sources (e.g., personal savings, business income, sale of property).
  • Active Involvement: You must have an active role in the business operations or ownership, though it can be indirect (e.g., through a Regional Center investment).

Choose the Investment Type

You must decide where to invest your funds. The two main types of EB-5 investments are:

  • Direct Investment: You invest directly in a U.S. business (e.g., a new or existing business), and you control the business or have active involvement.
  • Regional Center Investment: You invest through a USCIS-designated Regional Center, which is an organization that sponsors EB-5 projects and manages the investment. This route is popular as it allows you to meet the job creation requirement more easily through indirect or induced jobs.

Create a Business Plan (if applicable)

If you’re pursuing a direct investment, you’ll need a comprehensive business plan that meets USCIS requirements. This plan should outline:

  • The nature of the business.
  • The job creation impact.
  • How the investment will be utilized.
  • Financial projections.

This plan should be professionally prepared by an expert in business planning, as it is a critical component of the EB-5 application.

Gather Required Documents for EB-5 Application

You’ll need the following documents when applying for the EB-5 visa:

Personal Documents

  • Passport: Valid for at least six months beyond your intended U.S. stay.
  • Birth Certificate: For you and any dependents (spouse and children).
  • Marriage Certificate: If applying with a spouse.
  • Photographs: Passport-sized photos according to USCIS specifications.
  • Evidence of Legal Status: If you’re already in the U.S. under another visa, provide proof of legal status.

Investment Documents

  • Proof of Investment: Evidence that you have invested the required amount of capital (e.g., bank statements, wire transfer records, investment agreements, proof of funds).
  • Proof of Business Ownership: If applicable, documents showing you have an active role in the business, such as partnership agreements or ownership contracts.
  • Regional Center Documents (if applicable): If investing through a Regional Center, you will need to provide documents related to the Regional Center’s operations, business plan, and project details.

Source of Funds Documents

  • Documents Showing Source of Funds: You must prove that your investment comes from legal sources, such as:
  • Tax returns
  • Bank statements
  • Sale of property or business assets
  • Gifts or loans (with appropriate documentation)
  • Inheritance or other legitimate sources

Job Creation Evidence

Job Creation Plan: A clear explanation of how your investment will lead to the creation of at least 10 full-time jobs for U.S. workers.

Regional Center Employment Forecast (if applicable): If investing through a Regional Center, this may be included in the business plan, detailing the expected indirect job creation.

File Form I-526 (Immigrant Petition by Alien Entrepreneur)

Once you have gathered all the required documents, you will file Form I-526, the Immigrant Petition by Alien Entrepreneur, with USCIS. This form demonstrates that you meet the EB-5 visa requirements and includes the following:

  • A completed I-526 form.
  • All supporting documentation (source of funds, business plan, job creation evidence, etc.).
  • The filing fee (check USCIS fee schedule for the latest fee).
  • An explanation of how the investment meets the legal requirements.

Wait for Form I-526 Approval

After submitting your I-526 petition, USCIS will process your application. The processing time can vary, but it typically takes 12-24 months. USCIS may request additional information (Request for Evidence, or RFE), which could extend the processing time.

Once USCIS approves your I-526 petition, you will move to the next step: applying for your visa (if outside the U.S.) or adjusting your status (if inside the U.S.).

Apply for a Visa or Adjustment of Status

If Outside the U.S.: Once your I-526 is approved, you can apply for an EB-5 immigrant visa at the U.S. embassy or consulate in your home country. This is done through Form DS-260 (Immigrant Visa and Alien Registration Application) and an interview process.

If Inside the U.S.: If you are already in the U.S. on another visa, you can apply for an adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). This allows you to become a lawful permanent resident without leaving the U.S.

Wait for Conditional Green Card

Once your visa is approved or your status is adjusted, you will receive a conditional green card. This is valid for two years and gives you permanent resident status in the U.S. However, it’s conditional because USCIS wants to ensure that the investment has created the required jobs.

File Form I-829 (Petition by Investor to Remove Conditions)

Within 90 days before your conditional green card expires, you must file Form I-829, the Petition by Investor to Remove Conditions. This form is used to demonstrate that:

  • Your investment has been maintained.
  • Your business has created or will create the required 10 full-time jobs.
  • The source of your funds was legitimate.

 

You will need to provide:

  • Proof of job creation (payroll records, tax filings, employee records).
  • Documentation showing that the full investment has been made and is still in place.
  • Any required documents proving continued compliance with the EB-5 program.

Wait for I-829 Approval

If your Form I-829 is approved, the conditions will be removed from your green card, and you will receive a permanent U.S. green card, allowing you to live and work in the U.S. without restrictions.