Understanding the EB5 Visa Process A StepbyStep Guide

The EB-5 visa program offers foreign investors a pathway to U.S. residency through significant financial investment and job creation. This program, established by the Immigration Act of 1990, aims to stimulate the U.S. economy by attracting foreign capital and creating jobs for American workers. Navigating the EB-5 visa process can be complex, but understanding each step can help streamline your journey to obtaining a green card. Here’s a comprehensive guide to the EB-5 visa process.

Step 1: Select a Suitable Investment Project
The first step in the EB-5 visa process is to select a project that meets the EB-5 program requirements. This project must be a new commercial enterprise, which can be any for-profit entity formed for the ongoing conduct of lawful business. Many investors choose to invest through regional centers, which are USCIS-designated organizations that pool investments for larger projects. Regional centers can simplify the job creation requirement by allowing indirect job creation to count toward the ten-job requirement.

Step 2: Make the Required Investment
After selecting a project, the next step is to make the required investment. The minimum investment amount is $1.8 million. However, if the investment is made in a Targeted Employment Area (TEA)—which includes rural areas or areas with high unemployment—the minimum investment is reduced to $900,000. It’s important to ensure that the invested capital is at risk and used for the purpose of generating a return.

Step 3: File Form I-526 (Immigrant Petition by Alien Investor)
Once the investment is made, you must file Form I-526, Immigrant Petition by Alien Investor, with the United States Citizenship and Immigration Services (USCIS). This petition includes evidence that your investment meets all EB-5 visa requirements, such as proof of the investment amount, a comprehensive business plan demonstrating how the investment will create or preserve at least ten full-time jobs for U.S. workers, and documentation showing that the capital is at risk.

Step 4: Obtain Conditional Green Card
If your I-526 petition is approved, the next step is to obtain a conditional green card. There are two ways to do this, depending on whether you are inside or outside the United States:

If you are inside the United States: You can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
If you are outside the United States: You must apply for an immigrant visa at a U.S. consulate or embassy in your home country. Once your application is approved, you will receive an immigrant visa and can travel to the United States to be admitted as a Conditional Permanent Resident.
Upon approval, you will receive a conditional green card, which is valid for two years.

Step 5: Meet Job Creation Requirements
During the two-year conditional residency period, you must ensure that your investment meets the job creation requirements. This means that your investment must create or preserve at least ten full-time jobs for U.S. workers within this period. You must maintain proper documentation and records to demonstrate that these requirements are met.

Step 6: File Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)
Within the 90-day period before your conditional green card expires, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, with USCIS. This petition includes evidence that your investment was sustained and that the job creation requirement was met. You must provide documentation showing that the investment project is still operational and that the required jobs were created or maintained.

Step 7: Obtain Permanent Green Card
If your I-829 petition is approved, the conditions on your green card will be removed, and you, your spouse, and your unmarried children under 21 will receive permanent green cards. This grants you lawful permanent resident status in the United States, allowing you to live and work anywhere in the country without restrictions.