The EB-5 Process

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The EB-5 visa, commonly known as the investment green card allows you, your spouse and your children to obtain permanent U.S. residency by investing $500,000 into a government designated Regional Center investment visa program. Citizenship may be obtained after five years.

To obtain immigrant investor status, the foreign investor must submit a completed Immigrant Petition by Alien Entrepreneur Form to USCIS along with supporting documentation clearly demonstrating that the investment meets all EB-5 requirements.

Upon approval of petition, he or she may obtain conditional resident status by submitting a completed Application to Register Permanent Residence or Adjustment of Status to USCIS. Foreign investor residing abroad must apply for an immigrant visa at a US Consulate abroad.

During the period prior to the expiration of the conditional period, the investor should file a completed Petition by Entrepreneur to Remove Conditions to USCIS. In this petition, the foreign investor must demonstrate that the investment was sustained over the two-year conditional period, and the requisite jobs were created.

Upon approval of the petition, the conditional nature of the investor’s permanent residency is lifted and full permanent residence is granted to the investor and his or her family members who are less than 21 years of age.

Some Regional Centers provide an impression that, because they are Government designated, the investment has the Government’s stamp of approval. They are not, the EB-5 process involves strenuous documentation that, among other things, dictate source and legitimacy of the funds.