Regardless of how restrictive immigration policies become or how stringent the requirements are, the United States remains the most popular country for investment immigration in the world, and the value of U.S. status remains irreplaceable. In addition to the demanding conditions and high costs, many applicants are also deterred by the complex application process for U.S. investment immigration. Below, taking EB-5 as an example, we will outline the U.S. investment immigration process, hoping to be of some help to applicants.
1. USCIS (U.S. Citizenship and Immigration Services) Stage: Select Project + Sign Agreement + Fill Out Forms + Prepare I-526 Materials + Remit Funds
At this stage, investors who have confirmed their EB-5 project need to sign the subscription agreement, escrow agreement (if an escrow account is involved), and the private placement memorandum, and submit the I-526 Immigrant Petition by Alien Entrepreneur and the G-28 Notice of Entry of Appearance as Attorney or Accredited Representative.
Then, there is a series of materials and forms that the applicant needs to start preparing, including personal information packages, proof of source of funds, and application fee materials.
Investors are reminded that the source of funds report is the most important and labor-intensive part of the entire application process. The quality of the report directly affects the success rate and approval time of the investor's application. Therefore, investors must select a reliable professional attorney or accountant to prepare this report.
After the material preparation stage is completed, the attorney will submit the prepared materials to the immigration bureau, and upon receiving the receipt from the immigration bureau, you will obtain a case number. Next is waiting for the processing results of the I-526 application. If a Request for Evidence (RFE) is issued, please have your attorney submit the supplementary materials. Once the materials are approved, you will receive an I-526 approval notice. During the waiting period, you can check the progress online using your case number.
2. NVC (National Visa Center) Stage
After I-526 approval, wait for the visa quota. Once the quota is available, you can submit an application to the NVC. If the applicant is outside the United States, such as in mainland China, they need to go through the "consular processing procedure" to submit the DS-260 form to the NVC, attend an interview at the U.S. Consulate in Guangzhou, and upon approval, obtain an immigrant visa to enter the United States. If the principal applicant is residing in the United States with legal status, such as F1/H1/L1, they can submit the I-485 form to the NVC to apply for "adjustment of status."
3. Medical Examination and Interview Stage
Before the interview, investors can request an interview training session from their agency or immigration attorney. Materials to bring to the interview include: materials submitted to the NVC that have expired, updated materials, medical examination report (do not open the medical results yourself), and the appointment letter. After the interview is passed, the interviewer will keep your passport, affix the U.S. immigrant visa, and mail it to your designated bank.
4. Entry and Green Card Exchange Stage
Within six months of receiving the immigrant visa, the applicant must enter the United States, report to the U.S. immigration authorities, and after paying the green card processing fee, the immigration bureau will mail the green card to your designated address.
5. Removal of Conditions Stage
Three months before the conditional green card expires, the applicant needs to start preparing to fill out the I-829 form, G-28 form, and pay the attorney fees and the permanent green card application fee. Materials required during this process include: proof of payment of application fees (money order), copy of passport, copy of conditional green card, Social Security number, U.S. address and phone information, court judgments or criminal record documents, etc., which will be submitted by the attorney to the immigration bureau along with employment verification documents.
After receiving the receipt from the immigration bureau, about one month later, you will receive a letter from the immigration bureau for fingerprinting, and you must go to the designated location at the designated time to have your fingerprints taken. Please note that after receiving the I-829 receipt, the conditional green card status is automatically extended for one year. During the one-year extension, the I-829 application will generally have a processing result. If the I-829 is not approved, you can re-apply to the immigration bureau 30 days before the one-year extension expires.