What are the steps involved in obtaining an EB-5 Investor Visa?

As a lawyer, I can explain the steps involved in obtaining an EB-5 Investor Visa. The EB-5 Investor Visa is a type of visa that allows foreign nationals to invest their money in the United States and obtain permanent residency status. The visa is intended to encourage foreign investment in U.S.-based businesses and create jobs for U.S. citizens.

Here are the steps involved in obtaining an EB-5 Investor Visa:

1. Eligibility: The applicant must be at least 18 years of age and have the ability to invest the required amount of capital into a U.S.-based business. The minimum investment amount is $1.8 million, but it can be reduced to $900,000 if the business is located in a Targeted Employment Area (TEA). In addition, the applicant must demonstrate that the investment funds were obtained through lawful means.
2. Business Plan: The applicant must develop a comprehensive business plan for the new commercial enterprise that outlines the proposed investment, the business model, and how the investment will create jobs for U.S. citizens. The business plan should also provide financial projections and demonstrate the viability of the project.
3. Investment: The applicant must invest the required amount of capital into the new commercial enterprise. The investment can take the form of cash, tangible assets, or intangible property. The investment must also be at risk, meaning that there is a chance the business will fail and the investment will be lost.
4. Form I-526: The applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the applicant's eligibility for the EB-5 visa by demonstrating that the investment meets the program criteria and that the investment funds were obtained lawfully.
5. Conditional Green Card: If the applicant's petition is approved, they will receive a two-year conditional green card that allows them to live and work in the United States. The conditional green card is subject to certain conditions, such as maintaining the investment and creating jobs for U.S. citizens.
6. Form I-829: Within 90 days of the expiration of the two-year conditional period, the applicant must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form demonstrates that the investment has been sustained and that the requisite number of jobs have been created. Once approved, the applicant will receive a permanent green card that does not have any conditions.

It is important to note that obtaining an EB-5 Investor Visa can be a complex and lengthy process, and there may be other requirements and considerations depending on the specific circumstances of the applicant's case. It is strongly recommended that applicants consult with an experienced immigration attorney to navigate the process and ensure compliance with all applicable laws and regulations.