Visa Process

The EB-5 visa is an immigrant category visa and also popularly known as "Investment" visa that allows foreign investors to become permanent residents (green card holders) of US by investing $500,000 in USCIS designated regional centers or in stand-alone business venture. This investor in turn is granted a conditional permanent resident status for two years for himself, spouse, and children under the age of 21. After the investor has finalized the regional center in which the investment to be made, the entire visa process can be divided into two stages:

1. Procedures at Regional Centers
2. Processing of I-526 petition USCIS Center
3. Processing at USCIS for permanent resident status

1. Procedures at Regional Centers

   This phase begins once the investor finalizes the regional center to invest in. This phase starts with series of questionnaires with the investor to ensure that the investor is really good enough to qualify to make investment in their regional centers. During this process, the regional centers will make sure that the investor is an accredited investor i.e. the investor is a genuine and natural person having substantial liquidity or funds or income level. Further process that are included in this phase includes:

   • Submission of confidentiality documentation
   • Submission of valid travel documents
   • Presenting investment proposal
   • Subscription Agreement and investment
   • Preparation and Submission of I-526 petition
2. Processing at USCIS Center

   During this phase, the USCIS processes the I-526 petition commonly known as "Immigration petition by Alien Entrepreneur" submitted from the side of investor. The quality, reliability, and credibility of the center and its project have direct bearing on the speedy approval I-526 petition. If the USCIS feels that additional documents and evidence is required to substantiate the information provided in the I-526 petition, it will take more time to verify and get satisfied with the addition evidence and documents to approve or deny the petition filed by the investor. If petition is approved, the escrow agent of the regional center will release the funds for investment partnership

   If petition is denied, the escrow agent will return the investor's funds ending the process. The investor will not receive a permanent visa in this case.

3. Processing at USCIS for permanent resident status

   In this phase, the investor applies to USCIS for permanent residence (green card) status. The common steps involve in approval process includes:

   • Preparation Submission of form I-526 by immigration attorney
   • Review of I-526 petition by USCIS and passing a decision on it
   • If approved, the attorney submits the the application for adjustment of status( form I-485) or submission of application for an immigrant visa through consular processing.
   • Consular review and decision by USCIS or State Department
   • If approved, conditional permanent residence for two years
   • Submission of form I829 (Petition by Entrepreneur to Remove Conditions) during last three months of the two-year period of conditional permanent residence.
   • Once approved, the investor receives unconditional ten-year permanent residence.