How to Get US Permanent Residency Through an EB-5 Visa

The US Citizenship and Immigration Services (USCIS) manages the EB-5 Immigrant Investor Pilot Program, which authorizes foreign investors and their families to obtain permanent residence status through eligible investments. The process is quite complex, but investors must complete these four essential steps to get an EB-5 Visa and apply for a Green Card.

1. Select the Best EB-5 Project

Finding a suitable project to invest in is the first step toward getting a green card through the EB-5 program. Investors can choose between investing directly in a new commercial enterprise project or through a USCIS-approved regional center. Because direct investments must generate ten full-time jobs, many investors choose projects sponsored by regional centers, which can credit indirect and induced jobs toward the job creation criteria. Migration agents are frequently involved in linking possible EB-5 investors with appropriate projects. Foreign nationals must be accredited investors for EB-5 projects, except for certain exceptions.

2. Make the Required Investments and Submit an I-526 Petition for the EB-5 Visa

When an investor has chosen a project, they must provide the funds necessary under the EB-5 program. The initial deposit is $1,800,000, except if the project is in a focused employment area (TEA), so in that case, the minimal investment is $900,000. The invested funds are typically held in escrow until the investor's I-526 petition is granted. The I-526 petition is submitted with USCIS and must show that the appropriate sum of funds was invested in a project that is supposed to create the required ten jobs per EB-5 investor, with the investment staying at risk during the investment period.

3. Access Conditional Permanent Residency

The government will grant you a conditional green card for two years because you are not required to start hiring employees right away. After the two years, you will need to demonstrate that you have complied with the requirements and employed the necessary personnel. Once their I-526 petition has been accepted, EB-5 investors are qualified for this conditional green card, and the specific documents that must be submitted depend on whether you are physically present in the United States. You would submit a change of status petition if you were present in the nation when the I-526 was authorized (I-485). If you are abroad, you must submit the necessary paperwork so that a consulate can process your green card.

4. Submit an I-829 Petition and Eliminate Conditions from Residence Permit

After two years, conditional permanent resident status expires and cannot be renewed. The investor must file an I-829 petition to keep their permanent residence status. This request must be submitted within the last 90 days of the conditional residence period and prove that the investor has met the EB-5 green card program standards. If investors' I-829 petition is accepted, they and their families (children under 21) will receive lawful permanent residency.

As you can see, this process takes time and requires knowledge and experience, but it has many benefits. If you want to succeed, you need a professional EB 5 Visa attorney. And we have the best in the industry!

From finding and selecting the ideal regional center project to preparing and filing USCIS petitions, our team of professionals can guide you through the EB-5 visa process. You only need to contact EB5 Visa Attorney USA, and we will take care of everything. We are always available to answer any questions you may have. Contact us today!

Note: This website's content is meant to be general; it does not constitute legal or financial advice. Only a licensed expert with a total understanding of all the information and circumstances of your specific situation can provide legal or financial advice. Before enrolling in the EB-5 program, you should contact a visa attorney with legal, immigration, and financial knowledge.