The EB-5 Visa Process: A Step-By-Step Guide

The EB-5 Immigrant Investor Program is a pathway to obtain a U.S. green card for individuals willing to invest in a new commercial enterprise that creates jobs in the United States. Understanding the EB-5 visa process requires a complete understanding of the steps involved, from initial eligibility to obtaining permanent residency. Here’s a step-by-step guide to help prospective investors start their EB-5 journey. Visit here to check EB 5 VISA cost.

Step 1: Research and select an investment project:

The first step in the EB-5 visa process is thorough research to identify a suitable investment project. Investors can choose between direct investment in their own commercial enterprise or opting for a regional center-approved project. Regional centers, which are pre-approved by the U.S. Citizenship and Immigration Services (USCIS), offer the advantage of indirect job creation.

Step 2: Confirm eligibility and financial capacity:

Once a project is selected, investors must ensure they meet the eligibility criteria. The standard minimum investment is $1.8 million, but if the project is located in a Targeted Employment Area (TEA), where there is high unemployment or in a rural area, the minimum investment is reduced to $900,000. Investors should also confirm they have the necessary financial capacity to undertake the investment.

Step 3: Engage immigration attorney:

Engaging the services of an experienced immigration attorney is crucial for understanding the complex EB-5 visa process. The attorney assists in preparing and filing the required documents, ensures compliance with USCIS regulations, and provides legal guidance throughout the application process.

Step 4: File form I-526 petitions:

The next step involves filing the Form I-526 petition with the USCIS. This petition serves as evidence that the investor’s capital is invested in a qualifying project that will create or preserve at least 10 full-time jobs for U.S. workers. USCIS will review the petition, and upon approval, the investor is granted conditional permanent residency.

Step 5: Investment escrow and approval:

Investors often deposit their funds into an escrow account pending USCIS approval of the I-526 petition. Once the petition is approved, the funds are released for the investment. This step ensures that investors meet the “at-risk” requirement, as their capital is genuinely committed to the project.

Step 6: Conditional permanent residency:

With the I-526 petition approved, investors, along with their spouse and unmarried children under 21, are granted conditional permanent residency. This status is valid for two years and provides the right to live and work in the United States.

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