The U.S. EB-5 investment immigration program is one of the primary choices for Chinese immigrants. Due to its relatively low threshold and favorable project conditions, it is highly popular among Chinese applicants. Worldway Group reminds you that the application process for U.S. EB-5 investment immigration is not complex; however, the requirements for application documentation are stringent. It requires an immigration attorney to be responsible for organizing and perfecting the files, and applicants need to engage a professional immigration agency to complete the application procedures.
The application process for U.S. investment immigration can be broadly divided into three stages: the preparation stage, the application stage, and the landing stage. The time required for each stage depends on individual circumstances. Below, the immigration experts at Worldway Group will provide a detailed analysis.
Preparation Stage (1-3 months):
The preparation stage involves gathering documentation and transferring funds. First, the immigration attorney will design an immigration plan based on the applicant's asset composition and source of funds. Determining the immigration plan primarily involves establishing the legal source of the $500,000 investment. There are many ways to explain the source of funds, such as property sales, property loans, corporate earnings, etc. Specific fund explanation strategies should be simple and clear. After the immigration plan is determined, the applicant must provide relevant materials according to the plan, including basic personal information and documentation explaining the source of funds. During this process, the applicant needs to transfer the $500,000, for which the source has been explained, into the designated escrow account of the selected EB-5 project. During the fund transfer process, a clear audit trail must be established, and corresponding supporting documents must be provided. Before submitting the materials, the client must sign the relevant agreements for the chosen EB-5 project. The immigration attorney will then consolidate the personal information, fund explanation documents, and project agreements to submit the application.
Application Stage (approximately 14 months):
After all materials are prepared, the immigration attorney will submit the case to the U.S. Citizenship and Immigration Services (USCIS). Upon receiving the case, USCIS will issue a receipt notice with a case number, which the applicant can use to track the application progress on the official USCIS website. The waiting period after receiving the receipt notice until approval—the I-526 adjudication process—is a relatively long journey for immigration applicants.
Generally speaking, the processing time for a standard case is approximately 14 months. Of course, in actual practice, the processing speed may vary depending on factors such as individual documentation and the chosen project. Additionally, during the approval process, if USCIS has questions regarding the proposed plan or documentation, they may issue a Request for Evidence (RFE). Once the I-526 is approved, the applicant's case is typically transferred from USCIS to the U.S. Consulate General in Guangzhou, which will then schedule an interview. Generally, the waiting time from I-526 approval to the interview is approximately 8-12 months. During this period, applicants need to undergo a medical examination, obtain a police clearance certificate, and apply for an immigrant visa.
If the applicant is already in the United States, they can apply for an adjustment of status directly after I-526 approval. Generally, the adjustment of status in the U.S. takes about 4 months and typically does not require an interview. During the interview waiting period, applicants may face the issue of visa retrogression. This means that if the annual quota for the U.S. EB-5 program is exhausted, applicants must wait for the next fiscal year's quota to become available before they can proceed with their application. Based on the number of applicants in 2014, it is highly likely that retrogression for U.S. investment immigration will occur in 2015. It is important to note that with the emergence of retrogression, the issue of children exceeding the age limit for accompanying immigration will also become common. U.S. immigration law stipulates that accompanying children must be under 21 years of age. If a child exceeds 21 years of age while waiting for the quota, they will no longer be eligible to apply.
Landing Preparation:
After passing the interview, the applicant will receive an immigrant visa. The entire family must land in the United States within 6 months of the visa's validity period to receive their U.S. Green Cards. According to U.S. investment immigration law, applicants first receive a 2-year conditional Green Card. After 21 months, depending on the status of the investment project, they can apply to convert it into a permanent Green Card.
After receiving the U.S. Green Card, the applicant must satisfy the residency requirements stipulated by U.S. immigration law. In fact, the United States does not have a strict "residency requirement" (immigration prison). Immigration law stipulates that residents holding a U.S. Green Card should generally not be absent from the country for more than 183 days and should maintain strong ties to the United States. To maintain the validity of the Green Card, it is generally recommended to reside in the U.S. as much as possible. For applicants who truly cannot reside in the U.S. for long periods, they can purchase property in the U.S., send their children to study in the U.S., and visit at least once every six months. For those who are completely unable to reside there, they can apply for a Re-entry Permit during the first 5 years.