Regardless of how restrictive immigration policies become or how stringent the requirements are, the United States remains the most popular destination for investment immigration in the world, and the value of U.S. status remains irreplaceable. In addition to the rigorous conditions and high costs, many applicants are deterred by the complex application process for U.S. investment immigration. Below, using EB-5 as an example, we will outline the procedures for U.S. investment immigration to assist applicants.
1. USCIS (U.S. Citizenship and Immigration Services) Stage: Project Selection + Signing Agreements + Filling out Forms + Preparing I-526 Materials + Remittance
At this stage, investors who have selected an 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.
Subsequently, there is a series of materials and forms that the applicant must begin to prepare, including personal information packages, proof of source of funds, and application fee documentation.
Investors should note that the source of funds report is the most critical and labor-intensive part of the entire application process. The quality of this report directly affects the success rate and processing time of the investor's application. Therefore, investors must select a reliable professional attorney or accountant to prepare this report.
Once the material preparation stage is complete, the attorney will submit the prepared materials to the USCIS. Upon receiving the receipt from the USCIS, you will obtain a case number. Next, you must wait 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 status online using your case number.
2. NVC (National Visa Center) Stage
After the I-526 is approved, 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 must go through the "Consular Processing" procedure to submit the DS-260 form to the NVC, attend an interview at the U.S. Consulate General 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 F-1, H-1B, or L-1, 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 may 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, the medical examination report (do not open the 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
Applicants must enter the United States within six months of receiving their immigrant visa, report to the USCIS, and after paying the green card processing fee, the USCIS 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 begin preparing to fill out the I-829 form and 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 USCIS along with employment verification documents.
After receiving the receipt from the USCIS, approximately one month later, you will receive a letter from the USCIS for fingerprinting. Go to the designated location at the designated time to have your fingerprints taken. Please note that after receiving the I-829 receipt, your conditional green card status is automatically extended for one year. During this one-year extension, the I-829 application will generally have a processing result. If the I-829 is not approved, you may re-apply to the USCIS 30 days before the one-year extension expires.