What is the process for applying for an EB-5 Investor Visa?
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The Process for Applying for an EB-5 Investor Visa
1. Filing of Form I-526: The first step is to file Form I-526, also known as the Immigrant Petition by Alien Entrepreneur. This form establishes that the investor has invested or is in the process of investing the required minimum amount of capital (currently $900,000 or $1.8 million, depending on the location of the investment) in a qualifying U.S. commercial enterprise.
2. Approval of Form I-526: Once the Form I-526 is approved, the investor can proceed to the next step. However, if the form is denied, the investor has the option to appeal the decision or submit a new form.
3. Filing of Form I-485: With an approved Form I-526, the investor can then file Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, and become a conditional permanent resident. This can only be done if the investor is currently in the United States.
4. Consular Processing: Alternatively, if the investor is outside of the United States, they can go through consular processing at a U.S. embassy or consulate in their home country. After approval, the investor will be issued an immigrant visa and can enter the United States as a conditional permanent resident.
5. Removal of Conditions: After two years of being a conditional permanent resident, the investor must file Form I-829, also known as the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form verifies that the investor has maintained their investment and has created or preserved the required number of jobs.
It is important to note that the EB-5 program has a limited number of visas available each year, and there are certain eligibility requirements that must be met. Additionally, the process can be complex and time-consuming, and it is recommended that investors seek assistance from experienced immigration attorneys or consultants.
In case of any issues, investors may need to appeal a decision or seek further action, such as filing a motion to reopen or reconsider or submitting additional evidence to support their case. In such scenarios, it is recommended to seek the advice of a licensed attorney.
