How to Apply EB-5 Visa

The EB-5 Visa program is a powerful pathway to U.S. residency for foreign investors and their immediate families. To successfully apply for an EB-5 Visa, applicants must follow a series of steps that involve meeting investment requirements, complying with U.S. immigration laws, and completing various forms and documentation. Below is a detailed guide to help you navigate the EB-5 process.

Determine Eligibility

Before applying, ensure you meet the eligibility criteria:You must invest a minimum of $800,000 in a project located in a Targeted Employment Area (TEA) or $1,050,000 elsewhere.The investment must lead to the creation of at least 10 full-time jobs for U.S. workers, either directly or indirectly.Your investment funds must come from a lawful source and be properly documented.

Select a Qualified EB-5 Project

Choose an EB-5 project that aligns with program requirements and your investment goals. Most investors (95%) choose to invest through USCIS-approved Regional Centers, which allow for indirect job creation and pooled investments in larger commercial projects.When selecting a project:Conduct due diligence on the project's financial and immigration compliance.Review the capital stack, job creation methodology, and track record of the Regional Center or project developer.Work with a FINRA-registered investment broker or experienced advisor for professional guidance.

File Form I-526E

Once you've chosen a project, file Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (for direct investments) with the United States Citizenship and Immigration Services (USCIS). This form demonstrates your investment's compliance with EB-5 requirements.Key documents to include:Proof of investment amount and transfer.Source and path of funds documentation.Project documentation, such as business plans, economic analyses, and job creation projections.

Await USCIS Adjudication

After filing your I-526E, USCIS will review your petition. Processing times typically range from 1-3 years, depending on the complexity of the case and USCIS workload.During this stage:You may receive a Request for Evidence (RFE) if additional information is needed. Respond promptly and comprehensively.Once approved, you can move forward with visa processing.

Obtain Conditional Residency

Upon I-526E approval, you and your family can apply for conditional Green Cards.If in the U.S.: File Form I-485 to adjust your status to a conditional permanent resident.If outside the U.S.: Apply for consular processing at a U.S. Embassy or Consulate by filing Form DS-260.Conditional residency is granted for two years, allowing you to live, work, and study in the U.S.

File Form I-829 to Remove Conditions

Within 90 days of the second anniversary of your conditional Green Card, file Form I-829 (Petition by Investor to Remove Conditions). This step confirms that:Your investment was sustained throughout the conditional residency period.The project met its job creation requirements.Once approved, you and your family will receive permanent Green Cards.

Repayment of Investment

After fulfilling all EB-5 program requirements and the project's loan term, you may be eligible to have your investment repaid. Repayment terms vary by project and should be clarified before committing to an investment.