In recent years, EB-5 investment immigration applications have become increasingly popular. As one of the U.S. immigration categories with the fewest eligibility restrictions and a convenient application process, the U.S. EB-5 investment immigration program has attracted countless investors from both home and abroad.
However, most people do not know much about the EB-5 program, understanding only the surface-level details; when it comes to deeper insights, they are often at a loss. Since the EB-5 program carries certain risks, it is essential for investors to be familiar with the details of the entire application process. Therefore, we would like to share the experience we have gathered over the years in handling U.S. investment immigration.
First, the immigration experts at Worldway will provide a detailed explanation of the U.S. investment immigration application process. Let us take a look together:
I. Select a Regional Center investment project and remit the investment funds to the project's designated escrow bank
At this stage, after rigorous preliminary due diligence, the applicant must select one project to invest in from numerous EB-5 projects. 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 remit the $500,000 investment funds to the project's designated escrow bank.
II. Prepare I-526 application materials and submit them to the U.S. Citizenship and Immigration Services (USCIS). The required materials include:
1. Personal information materials
Copies of the entire family's ID cards, passports, entry/exit records, U.S. visa entry/exit proof, birth certificates for the entire family, copies of household registration cards, marriage/divorce certificates or certificates of single status, police clearance certificates, a copy of the principal applicant's highest academic degree certificate, a personal resume, and eight 5x5 photos.
2. Proof of funds
A report proving the source of the investment funds and project management fees. Common methods for proving the source of funds include property mortgages, property sales, employment income, shareholder loans, stocks, funds, and dividend distributions, etc.
3. Application fee materials
The original bank draft for the I-526 application fee must be provided. The account used to remit the $500,000 and the I-526 application fee must be the principal applicant's account, which may be a joint account.
Once all materials are submitted and complete, USCIS will provide the applicant with a receipt number. While waiting for the I-526 approval results, the applicant can check the processing status online using this number. If a Request for Evidence (RFE) is issued, the applicant must submit the additional materials; if the materials are approved, the applicant will receive an I-526 approval notice.
III. I-526 approval and transfer to the National Visa Center (NVC)
After the I-526 is approved, the next step is to wait for the visa quota. Once approved, the applicant will receive a document package sent by the U.S. Department of State within 45-60 days. The applicant must complete this information before the consulate interview. This process takes only a few months, but because the number of applicants each year is so high—with the 10,000 annual quota being far from sufficient—a visa backlog has emerged. Based on the current processing progress of USCIS, the current backlog is approximately four to five years. Therefore, we must specifically remind applicants that if a child is over 21 years old at this stage, they will be considered overage and cannot accompany the applicant. We suggest that if a child is approaching 17 or 18 years old, it is best to have the child act as the principal applicant.
IV. Approved materials transferred to the U.S. Consulate in Guangzhou for interview
Next, the U.S. Consulate in Guangzhou will notify the applicant of an interview date and require the applicant to undergo a medical examination. The applicant must attend the interview at the U.S. Consulate in Guangzhou on the scheduled date and will be informed of the result on the spot. If approved, the consular officer will affix the visa to the passport and send it to the designated bank, and the applicant will receive a conditional (2-year) permanent resident visa. If the interview is rejected, the investment funds will be refunded to the applicant after deducting relevant administrative fees.
V. Applicants and family members with conditional visas must enter the U.S. within six months of receiving the visa
After obtaining the conditional visa, the applicant must enter the U.S. within six months to report to the immigration authorities. After paying the green card processing fee, USCIS will mail the green card to the applicant's designated address. Once the applicant and their family members have obtained the conditional green card, they will enjoy the same rights as U.S. citizens for the next two years, provided they enter the U.S. at least once every six months.
VI. Submit Form I-829 to apply for the removal of conditions
Three months before the conditional green card expires, the applicant must submit Form I-829 to apply for the removal of conditions. At this stage, as long as it is proven that the applicant's investment funds have not been withdrawn during the two-year period and that 10 direct or indirect jobs have been created, the I-829 application will be approved, and the conditional green card will be converted into a permanent green card. If the I-829 application is not approved, the applicant may re-apply to USCIS 30 days before the one-year extension expires.