[DIY] EB-5 VISA Application

EB-5 Visa Application: Step-by-Step Guide

Overview of the EB-5 Program

The EB-5 Immigrant Investor Program grants permanent residency to foreign nationals who invest in a qualifying U.S. business and create at least ten full-time jobs for U.S. workers. This pathway covers the investor, their spouse, and unmarried children under 21, leading to a green card and eventual citizenship.

To qualify, the minimum required investment is $1,050,000, or $800,000 if the project is located in a Targeted Employment Area (TEA). TEAs are either rural areas (outside metropolitan statistical areas or towns with fewer than 20,000 people) or regions with unemployment rates at least 150% of the national average.

Step 1: Select an EB-5 Project

• Decide between a direct investment (active management of your own enterprise) or a regional center project (passive investment in a pooled development).

• Evaluate projects for TEA status, developer track record, job-creation model, and financial risk disclosures.

• Consult with migration agents or specialized EB-5 advisors to match your immigration goals and risk tolerance.

Step 2: Document Lawful Source and Path of Funds

You must prove your investment capital was obtained through lawful means:

• Earned income: Employment contracts, payroll records, six-to-seven years of tax returns.

• Business proceeds: Profit and loss statements, corporate filings, and tax documentation.

• Real estate or asset sales: Sale contracts, closing statements, and proof of fund transfers.

• Gifts or loans: Gift letters, donor’s tax records, loan agreements, and repayment plans.

Compile bank statements, wire-transfer records, and any loan repayment evidence to establish an unbroken, traceable chain from source to escrow account.

Step 3: File Form I-526 or I-526E

1. Direct Investor (I-526)   File Form I-526 with USCIS to prove your direct commercial enterprise meets EB-5 requirements.

2. Regional Center Investor (I-526E)   File Form I-526E to demonstrate your passive investment in a USCIS-approved regional center project.

Processing times vary widely—USCIS currently takes 30–60+ months to adjudicate this petition depending on backlogs and your country of origin.

Step 4: Consular Processing or Adjustment of Status

After I-526/E approval, choose one of two paths:

• Consular Processing (outside the U.S.): • Submit Form DS-260 to the National Visa Center. • Attend an immigrant-visa interview at your home-country U.S. embassy or consulate. • Upon approval, receive an EB-5 visa stamp and enter the U.S. as a conditional permanent resident.

• Adjustment of Status (inside the U.S., concurrent filing available): • File Form I-485 together with your I-526E (if eligible) under the 2022 Reform and Integrity Act. • Receive an Employment Authorization Document (EAD) and Advance Parole (AP) within months for work and travel.

Consular processing typically takes 6–12 months; adjustment of status can take 7–29 months based on USCIS field office workloads.

Step 5: Conditional Permanent Residency

Once your immigrant visa is issued or adjustment of status is approved, you and your dependents receive a two-year conditional green card. During this period:

• Maintain investment at risk and tied to the project.

• Fulfill any physical-presence requirements (avoid absences over one year without a re-entry permit).

Step 6: File Form I-829 to Remove Conditions

Within 90 days before your two-year conditional green card expires:

• File Form I-829 with USCIS to prove you sustained your investment and created at least ten full-time U.S. jobs.

• USCIS processing for I-829 averages 7–24 months; you may remain in the U.S. with conditional status while it’s pending.

Step 7: Permanent Green Card and Afterward

Upon I-829 approval, conditions are removed, and you become a full lawful permanent resident. After five years of permanent residency, you become eligible to apply for U.S. citizenship.

Additional Tips & Timeline Considerations

• Backlogs by Country: Nationals of high-demand countries (e.g., China, India) may face visa-number backlogs, extending wait times between I-526 approval and visa issuance.

• Project Selection: Rural TEA projects often have faster processing and set-asides; urban TEA projects can offer higher returns but may face stiffer competition.

• Concurrent Filing: U.S.-based investors in valid nonimmigrant status (H-1B, F-1, L-1) can file I-526E and I-485 together to secure EAD/AP benefits early.

• Due Diligence: Engage both a seasoned immigration attorney and reputable financial advisors to vet projects, ensure regulatory compliance, and mitigate risks.

A typical EB-5 journey spans 4–7 years from initial investment to permanent residency, shaped by USCIS workloads, project complexity, and country-specific visa availability.