To apply for an EB-5 investor visa, the following steps need to be taken:
- Determine Eligibility: First, the applicant must determine their eligibility for the EB-5 visa. The applicant must invest at least $1,000,000 or $500,000 in a Targeted Employment Area (TEA) in a new commercial enterprise in the U.S.
- Find a Project: Next, the applicant must find a qualifying investment project. The project must be approved by the USCIS and meet certain requirements such as creating jobs for U.S. workers.
- I-526 Petition: Once the project is identified, the applicant must file an I-526 petition with the USCIS. This petition establishes the investor's eligibility for the EB-5 visa and documentation of their investment in the project.
- Conditional Green Card: Once the I-526 petition is approved, the investor is granted a conditional green card. This allows the investor and their immediate family members to live and work in the U.S. for a period of two years.
- I-829 Petition: To remove the conditions on the green card, the investor must file an I-829 petition within 90 days of the expiration of the conditional green card. This petition establishes that the investment was made and the creation of the required jobs.
It is important to note that the EB-5 visa has certain limitations and exceptions. For example, the investor must demonstrate that the investment was made with lawful funds, and that their investment will create at least 10 full-time jobs for U.S. workers.
Additionally, each step of the application process must be completed accurately and within the specified timeframes. Failure to comply with these requirements may result in the denial of the visa application.
If an investor encounters any issues or needs assistance with the application process, it is highly recommended that they consult with a licensed attorney experienced in EB-5 investor visas.
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