10,000 EB5 VISAS ARE ALLOTTED EACH YEAR FOR THIS CLASSIFICATION
The EB5 program allocates 10,000 visas per year for immigrants and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. A minimum of three thousand of these immigrant visas are set-aside for immigrants who invest through Regional Centers.
NO PREVIOUS BUSINESS EXPERIENCE OR EDUCATION REQUIRED
The investor is not required to have any prior business experience, or demonstrate any minimum level of education. The only requirement for the investor is the required net worth and capital and proof that the funds are legal, through proper documentation.
THERE ARE NO REQUIREMENTS FOR SPEAKING ENGLISH.
An immigrant investor is able to obtain the services of a translator (friend, attorney, family member) to read project or Regional Center materials.
The I-526 Petition
ONCE THE I-526 PETITION IS APPROVED BY USCIS, THE PURPOSE OF THE CONSULATE APPLICATION AND INTERVIEW IS TO ENSURE THAT THE INVESTOR AND HIS OR HER FAMILY UNDERGO MEDICAL, POLICE, SECURITY AND IMMIGRATION HISTORY CHECKS BEFORE THE CONDITIONAL PERMANENT RESIDENT VISAS ARE ISSUED.
At the interview, the consulate officer may address these issues and information printed on the I-526 petition, including asking the investor to summarize the nature of the immigrant investment. If the investor and family are in the United States, they may apply to adjust their status at the appropriate office of the USCIS.
AFTER THE I-526 PETITION APPROVAL, MEMBERS OF THE FAMILY MAY HAVE THEIR CONSULATE INTERVIEW IN DIFFERENT COUNTRIES.
The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.
Conditions of acceptance
ONCE THE CONDITIONAL GREEN CARD IS RECEIVED, IMMIGRANT MAY APPLY FOR PERMANENT GREEN CARD IN 21 - 24 MONTHS.
The conditional green card has an expiration date of two years from the date issued. Investors can submit their I-829 petition as early as three months prior to the expiration date. Project or Regional Center will supply all supporting evidence, capital investment, and newly created jobs. Once the I-829 petition is filed with the USCIS, a conditional permanent residency is extended for one year. An investor should carry the USCIS I-829 receipt notice, along with the conditional green card, at all times.
THE EB-5 IMMIGRANT MUST REMAIN IN THE UNITED STATES FOR A CERTAIN AMOUNT OF TIME EACH YEAR.
The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver's license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. For those permanent residents living outside the U.S., we suggest the investor and family re-enter the U.S. no less than once every six months. The longer the investor and family are present in the U.S., the less likely the government is to claim that the investor "abandoned" the United States as a permanent residence – thereby endangering his green card status. In some cases, investors may seek the issuance of a "re-entry permit" which allows the Investor permission to remain outside the U.S. for as long as two years without having to reenter the country to maintain permanent resident status.
THE TOTAL PROCESSING TIME FOR THE I-526 PETITION AND THE CONDITIONAL GREEN CARD IS APPROXIMATELY 8-12 MONTHS.
Although it only takes 4 - 6 months to get the I-526 approval, the total approximate length of time for an immigrant investor to pass the U.S. Consulate Interview and receive a conditional green card is approximately 8-12 months.
WHAT IS THE DIFFERENCE BETWEEN PERMANENT RESIDENCY AND CITIZENSHIP?
There are two ways to become a U.S. citizen. One is by being born in the U.S. or by being born to a U.S. citizen. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for 5 years is one of the basic requirements for qualifying for naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.