During the process of U.S. investment immigration, some applicants have limited knowledge of the application steps. Understanding these steps helps applicants improve efficiency and shorten the application cycle. U.S. investment immigration consists of three steps: submitting the investment immigration application, processing the visa at the U.S. Consulate General or adjusting status (conditional Green Card), and applying for a permanent Green Card.
Step 1: Submit the Investment Immigration Application
U.S. investment immigration applicants must submit the "Immigrant Petition by Alien Entrepreneur" (Form I-526) to the USCIS for a conditional Green Card, along with supporting documents, including evidence of the legal source of investment funds and documents related to the U.S. investment project, as well as the required filing fees. Generally, the USCIS will adjudicate this application within six months to one year.
Step 2: Processing via U.S. Consulate General or Adjustment of Status (Conditional Green Card)
Once the I-526 petition is approved, similar to other immigrant visas, investment immigration applicants can begin applying for a "Conditional Green Card" (also known as a "temporary Green Card"). This involves queuing for an interview at the U.S. Consulate General in Guangzhou. Upon success, they will receive a visa, allowing the entire family to enter the United States and obtain a conditional Green Card.
If the applicant is outside the United States, they must go through the immigrant visa processing procedure and attend an immigrant visa interview at a U.S. Consulate to ultimately obtain the conditional Green Card. If the U.S. investment immigration applicant is already within the United States, they may file an application for adjustment of status (Form I-485) directly with the USCIS. Generally, the processing time for this is about 6 to 12 months.
Once the adjustment of status is approved, the applicant will receive a "temporary Green Card" valid for two years. Holders of a temporary Green Card enjoy the same treatment as permanent Green Card holders. The applicant's immediate family members (i.e., spouse and unmarried children under the age of 21) may apply for adjustment of status simultaneously as beneficiaries; the processing time is the same as noted above.
Step 3: Apply for a Permanent Green Card
Within 90 days before the two-year temporary Green Card expires, the U.S. investment immigration applicant must submit the "Petition by Entrepreneur to Remove Conditions on Permanent Resident Status" (Form I-829) to the USCIS. If the application is not filed within the specified timeframe, the applicant will be placed into removal proceedings. If the applicant meets all USCIS requirements for the EB-5 program regarding the deployment of investment funds and job creation, the I-829 will be approved, and the applicant will be granted a permanent Green Card, becoming a lawful permanent resident. Generally, the I-829 processing time is about six months to one year.
The time from the initial application to receiving the final permanent Green Card for an EB-5 investor is usually three and a half to four years. During the I-829 processing stage, the temporary Green Card status of the U.S. investment immigration applicant remains valid. This status can be maintained for one year until the USCIS makes a final decision. During this period, the applicant can continue to enter and exit the United States freely, provided that their documentation is complete.