A: As of December 2020, the average time is 14 months for processing of an I-526 - Immigrant Petition by Alien Entrepreneur
Invest at least $1,050,00 million in a new or existing commercial enterprise that directly creates at least 10 full-time jobs within 2 years and benefits the U.S. economy.
A commercial enterprise is defined as a for-profit, lawful business that can be any of the following:
Business trust, or other entity, which may be publicly or privately owned. It is the investment option that provides bigger chances of variety and other benefits.
Invest $800,000 in a business enterprise affiliated with a Regional Center. Regional Centers offer curated investment opportunities that are pre-approved by the U.S. Citizenship and Immigration Services. Regional Centers were specifically created to actively manage EB-5 investor funds and the immigration process.
The benefits of using a Regional Center include:
Investors do not need to live near the EB-5 project
In addition to the monetary investment requirements, there are several other qualifications and conditions that applicants must meet in order to apply for the permanent residency and US citizenship by investment program. The general requirements as well as qualifications mandated by each different investment option are described below.
In order to meet the EB-5 program requirements of this investment option, the new business must:
*If it was established on or before this date, the business must since have been restructured to become a distinctly different enterprise, or expanded through the investment to create a 40% increase in the net worth or number of employee. Example: if the business was a restaurant, it could be re-structured into a store.
Create full-time employment for at least 10 qualified U.S. workers. Indirect employment is permitted, meaning that the investor does not need to prove that they themselves created 10 new jobs for U.S. workers, only that the regional center created ten or more jobs, directly or indirectly, or that it increased regional productivity.
The business must maintain the same level of employment that existed prior to the investment.
The investor must be involved in the management of the business directly or indirectly as a corporate officer or board member.
After complying with all conditions of the US Immigrant Investor Program for 24 months, conditional EB-5 Green Card holders can apply to have the conditions removed. Once this is approved by U.S. immigration authorities, EB-5 participants officially become unconditional lawful United States permanent residents.
Investors who have been non-conditional Green Card holders for at least 3 years (after being conditional Green Card holder for the 2 years prior) can apply for citizenship by naturalization in the United States if they meet the following requirements:
Be of good moral character in keeping with the principles of the Constitution of the United States.
This petition shows that the EB-5 applicant has already made the required investment or is actively in the process of doing so. Acceptable forms of evidence can include bank statements, promissory notes, loan certificates, security agreements, and/or any other proof that the necessary amount of capital has been invested.
1. File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
2. File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States.
Upon the approval of a Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, the EB-5 investor and their family members will be granted conditional permanent residence for a 2-year period.
Along with the I-829 form, you should provide evidence that you met the EB-5 conditions, such as investment in the enterprise and the creation of 10 full-time jobs as a result of your investment. If all of the EB-5 Visa obligations have been met, you and your family dependents will receive unconditional Green Card
60 months after you receive the Conditional Lawful Permanent Residence Visa (CLPR), you will be eligible for American Citizenship.
This is a general list of documents—please contact us for detailed information on documents you should submit with Form I-526 (Petition for an Alien Entrepreneur) and Form I-829 (Petition by Entrepreneur to Remove Conditions).
Vicky Katsarova, CEO
“My world travels and my own immigration experiences have given me a deep understanding and clear insight into each of our clients’ specific requirements, aspirations and concerns. It is this intense personal association with client expectations and needs that helps to set our company and our service apart.”
