EB-5 Visa Process
1. Investor Pre-qualification by PlanMyMigration
You would need to fill out our initial background questionnaire and we will pre-qualify you within 24 hours.
2. Plan the Strategy for your EB-5 Petition
After we determine your eligibility, we will plan the strategy for your EB-5 petition and suggest to you the most suitable investment options as per your requirement.
3. Work with an Expert Immigration Attorney to Organize Legal Paperwork
We will work with an expert immigration attorney to help organize your source of funds and gather evidence for the petition. We also provide you assistance of an experienced tax expert who will address any concerns regarding foreign remittance laws.
4. Perform Due-Diligence on EB-5 Regional Centers and Select the Right EB-5 Project
Our team will look through the prism and assist you in selecting a project that meets your needs and a regional center which has an excellent track record. When you have finalized your EB-5 project choice, we will assist you in completion of the subscription documents.
5. Transfer Funds to the Project Escrow Account and File I-526 E Petition for a Conditional Green Card
Once your source of funds vetting process is complete, you can transfer $800,000 to the project Escrow account and your immigration attorney will file your I-526E petition to USCIS in the U.S.
6. File Concurrent Adjustment of Status if you are in the U.S. on a Valid Visa
In the past, the EB-5 Program only allowed an investor (and accompanying family) to file I-485 Applications after USCIS approved the I-526 Petition. The EB-5 Program now allows investors living in the U.S. on a valid visa to apply for an adjustment of status when filing their I-526E petitions even prior to approval. This is known as “concurrent filing” and it enables you to stay in the U.S. and obtain a work permit and start working in the U.S. within 4-5 months and obtain a travel permission within 8-11 months.
7. Receive I-526E Approval
After the implementation of the new EB-5 law, it is expected that it will take 1-2 years for USCIS to approve your petition.
8. Apply for Stamping at U.S. Consulate in Your Country of Residence
After the approval, it typically takes around 4-6 months to wait for an interview appointment at the U.S. consulate in your home country, or country of residence. Our team will prepare you for the Interview process and also help you to apply for any biographic and identification documents required during the interview.
9. Travel to U.S. as a Conditional Green Card Holder and Enjoy Benefits of the U.S. Green Card
Upon successful interview at the U.S. Consulate, you will be stamped with a visa to enter the U.S. as a conditional resident and you will receive your actual green card within 60-90 days after admission at your address in the U.S. Your conditional green card will be valid for 2 years, however, you get access to the same rights and privileges as a permanent green card holder.
10. Apply for Removal of Conditions and File I-829 Petition and Become a Permanent Resident
Approximately, 3 months before your 2 year Conditional Green Card is due to expire you will apply for the I-829 petition. At this stage, you need to prove that the money remained invested ‘at risk’ for the entire 2 year Conditional Green Card and that 10 jobs were created. I-829 approval could typically take 2 years, after which you will be given a Permanent U.S. Green Card. During the time USCIS is reviewing your I-829 petition, your Conditional Green Card will automatically get extended.
11. Claim Refund of your EB-5 Funds
Per current USCIS policy, every EB-5 investor is required to maintain their funds “at-risk” through the completion of their two-year conditional residence period (or sustainment period). An investor is eligible to receive a return of their capital upon filing the I-829 Petition. Return of capital is subject to the project’s ability to repay the investment amount.
12. Apply for U.S. Citizenship
You are eligible to apply for citizenship 5 years from the date you became a conditional resident. This is not a mandatory requirement and you can choose to apply for citizenship or stay as a permanent resident.