EB-5 Visa: How to Obtain Permanent Residence (Green Card) Through the EB-5 Program

Explore our detailed EB-5 step-by-step guide! There are four key steps that investors must complete to obtain U.S. permanent residency through the EB-5 visa program. Once these steps are completed, EB-5 investors, their spouse, and unmarried children under 21 will become U.S. permanent residents. After achieving permanent residency, they will have the opportunity to apply for U.S. citizenship after five years.

Step 1: Locating an EB-5 Project

Find the Right EB-5 Project

The first step for an EB-5 applicant is to identify an appropriate business project for investment. EB-5 projects are generally in the form of either new commercial enterprises or regional center projects. Many investors use overseas migration agents to help locate the best project suited to their goals. Applicants must also ensure they meet the accredited investor income requirements to proceed with the EB-5 process.

Step 2: Capital Investment and I-526 Petition

File Form I-526

Once the project is chosen, applicants must make the required capital investment, either $1.05 million or $800,000 if the project is located in a Targeted Employment Area (TEA). These investments are often placed into an escrow account. An immigration attorney will then file the I-526 petition with USCIS to prove the investment has been made. USCIS typically informs applicants whether their petition is approved within 31 to 52 months. In many cases, regional centers offer a refund if the I-526 petition is denied.

Step 3: Two-Year Conditional Permanent Residency

Obtain Two-Year Conditional Residency

After the I-526 petition is approved, the third step is for the applicant to become a two-year conditional resident of the U.S., allowing them to implement the project funded by their EB-5 investment. Investors can become U.S. residents in one of two ways:

  • If the investor already has lawful status in the U.S., they must file form I-485 to adjust their status to conditional permanent resident.
  • If the investor does not have lawful status, they must file for an immigrant visa by submitting form DS-260 to the National Visa Center, and go through the U.S. consulate or embassy in their home country.

Both processes typically require an immigration attorney’s assistance, and an immigrant visa is generally issued within six to twelve months. During the two-year conditional residency period, the investor must meet the physical presence requirements and cannot stay outside the U.S. for more than one year without obtaining a re-entry permit.

Step 4: Unconditional Permanent Residency and the I-829 Petition

Apply for Unconditional Permanent Residency

The final step in the EB-5 process is to remove the two-year conditional status and become an unconditional permanent resident. To do so, the investor must submit the I-829 petition to USCIS within 90 days before the second anniversary of receiving conditional residency. This petition proves that the investor has met all the requirements of the EB-5 program. USCIS typically issues the permanent green card within 22 to 45 months after the I-829 is submitted. After this, the investor, their spouse, and unmarried children under 21 can live and work in the U.S. permanently and apply for U.S. citizenship after five years of holding their initial conditional residency.

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Are you ready to begin your journey with EB-5 Lending Alliance? Contact us today to learn more about our investment opportunities and how we can assist you with the EB-5 visa journey. Our team is here to answer any questions and guide you every step of the way.

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