The U.S. EB-5 investment immigration process consists of three stages, each with its own requirements. We provide an overview for you here:
1. The investor must select a project and invest the required capital. Subsequently, the investor must file Form I-526, demonstrating that they have made a qualifying at-risk investment of $500,000 or $1 million, established a New Commercial Enterprise (NCE), and will provide at least 10 jobs for U.S. workers within two and a half years of the I-526 approval.
2. Upon approval of the I-526, the investor and their family must file Form DS-260 for an immigrant visa (or Form I-485 to adjust status if they are already in the U.S. in a valid non-immigrant status). This application confirms that the investor and their family have been cleared of criminal records and other background issues to be granted entry into the United States.
3. Once the investor and their family enter the U.S. with an EB-5 visa or their adjustment of status application is approved, they become conditional permanent residents, meaning they have received a two-year conditional Green Card. Between the 21st and 24th month after becoming a conditional permanent resident, the investor and their family must file Form I-829 to remove the conditions on their residence. In this petition, the investor must prove that he/she has invested in the new commercial enterprise, that the full amount of capital remained at risk throughout the period of conditional residence, and that the investment has created at least 10 jobs for U.S. workers (or will create them within a reasonable time). Conditional resident status continues until the I-829 is approved or denied. Administrative appeals following a denial are highly strenuous.
These three stages of the U.S. EB-5 investor immigration process can take several years. Investors must keep their capital at risk throughout the entire process. To obtain I-829 approval, investors must submit extensive documentation to the USCIS regarding the investment activity, the use of EB-5 funds, and job creation. These documents should include proof of all details throughout the investment period and the immigration process. Due to the long duration of the investment term and the immigration process, investors should choose projects and regional centers with appropriate process controls to ensure that the submitted documents meet the requirements for valid filing.