Are you wondering what the EB-5 visa application process entails?

Navigating the complex world of immigration can be daunting, but the EB-5 visa program offers a unique pathway to US residency for foreign investors and their families.

By investing in a qualifying commercial enterprise and creating jobs, you could be taking the first steps towards living the American dream.

We want to make your journey as smooth as possible, so read on for all you need to know…

*Disclaimer: All amounts quoted in this article were correct and accurate at the time of publication and may have shifted since.

Considerations Before Applying for an EB-5 Visa

The EB-5 Visa is an attractive option for many people, but it requires careful consideration and planning.

Before you dive into the application process, it's essential that you evaluate the following key factors to ensure a successful journey.

Take a look.

Check That You Qualify For an EB-5 Visa

The EB-5 Visa program is tailored for high-net-worth international investors, and it requires an investment of either US$1.05 million or US$800,000 (if placed in a Targeted Employment Area¹) in a new commercial venture.

Also, the business you invest in has to create or sustain at least 10 job positions for workers in the US. 

That being said…

It's crucial that you assess your financial ability to invest, understand the source of your investment funds, and ensure that the investment complies with all legal requirements.

If you don’t meet these EB-5 visa requirements, which our experts have outlined for you, you might want to explore other immigration options.

Decide Whether You’ll Use a Lawyer to Assist in the Application

The EB-5 application process is highly complex and filled with legal intricacies.

While it's possible to navigate this process on your own, many applicants choose to hire an immigration attorney who specializes in EB-5 visas.

A skilled lawyer can help you understand the legal landscape, guide you through the required paperwork, and represent you in interactions with the US Citizenship and Immigration Services (USCIS).

Planning Adequately for Your EB-5 Journey

The EB-5 visa journey requires a significant commitment from its applicants, both during the application process and after approval and receipt of your US permanent residency (or green card).

Planning for your EB-5 journey will need to encompass financial planning, tax planning, business plans for your proposed EB-5 project, and much more.

Where Can You Apply For an EB-5 Visa?

The question of where to apply for an EB-5 visa depends on whether you're currently inside or outside the US.

Both scenarios have specific procedures tailored to your location at the time of application.

Take a look here:

Applying Inside the US

You can apply for your EB-5 visa through the USCIS.

This process involves filing Form I-526², awaiting its approval, and then submitting Form I-485 to adjust your immigration status.

You may be required to attend an interview at a local USCIS office, and upon approval, you will receive conditional permanent residency.

Applying From Outside the US

If you’re applying from outside the United States, the process is referred to as consular processing.

Once you've submitted Form I-526 and it has been approved, an appointment for a visa interview will be scheduled for you at a US embassy or consulate in your home country.

Upon a successful interview, you’ll be issued an EB-5 visa and can enter the US as a conditional permanent resident.

Our expert advice is this:

You need to seek professional guidance if you’re going to navigate the procedure effectively.

Steps to Apply for an EB-5 Visa

Applying for an EB-5 visa is a process that involves careful planning, due diligence, and adherence to specific legal requirements.

Here are 7 key steps to help guide you through this journey:

Step 1: Find a Reputable Immigration Attorney

Working with an experienced immigration attorney can greatly ease the EB-5 application process.

They can offer you guidance on qualification requirements, assist you in navigating the intricate paperwork, and aid you in sidestepping potential legal obstacles.

Step 2: Select Your EB-5 Investment Project & Develop a Business Plan

The EB-5 visa mandates a qualifying investment in a new commercial venture with the stipulation that it either creates or sustains employment opportunities.

Select a suitable investment project (either directly or through a regional center) and develop a comprehensive business plan that outlines your investment strategy and fulfills the EB-5 requirements.

Step 3: Make Your Investment Into Your EB-5 Project

Once you've identified your investment project, you'll need to invest the required capital of US$1.05 million or US$800,000 in a Targeted Employment Area (TEA).

You need to ensure that the funds are lawfully obtained and carefully document the investment process.

Step 4: File Your EB-5 Petition With the USCIS

Next, you'll need to submit Form I-526, the Immigrant Petition by Alien Investor, to the USCIS.

This form shows your qualification for the EB-5 program, outlining the specifics of your investment and verifying that it fulfills all the necessary criteria.

Step 5: Consulate Interview if Applying Outside the US

If you're applying from outside the United States, you'll be scheduled for a consulate interview at a US embassy or consulate in your home country.

You must prepare to present all the required documentation and answer questions about your application.

Step 6: Apply for Conditional Permanent Residency

After your EB-5 Petition receives approval, the subsequent step involves applying for conditional permanent residency, which will be valid for 2 years.

During this period, you must adhere to the conditions of the EB-5 program to be eligible to apply for non-conditional permanent residency later on.

Applying for conditional permanent residency involves the following:

• Investors living in the US: File Form I-485³ for adjustment of status. This form allows you to apply for conditional permanent residency without having to leave the country.
• Investors living abroad: File Form DS-260⁴ with the US Consulate or US Embassy in your home country. This form will initiate the process for obtaining your conditional permanent residency visa.

Step 7: Removal of Conditional Residency Conditions 

The final phase in the EB-5 visa process is the removal of the conditional status on your permanent residency.

After maintaining the conditions of your investment for the initial 2-year period of conditional permanent residency, you must demonstrate that you've met all obligations under the EB-5 program.

These obligations are:

• File Form I-829⁵, Petition by Investor to Remove Conditions: This form must be submitted within the 90-day timeframe that immediately precedes the 2nd anniversary of your entry into the US as a conditional permanent resident. It provides evidence that you've sustained your investment, met job creation requirements, and complied with all other program rules.
• Attend an interview if requested: You might be requested to participate in an interview at a nearby USCIS office for the evaluation of your petition.
• Receive approval: After the USCIS approves your I-829 petition, the conditions linked to your permanent residency are lifted, and you attain the status of a non-conditional permanent resident in the United States.

The successful removal of conditional residency conditions represents the culmination of the complex and demanding EB-5 visa journey.

It’s important to note

Careful adherence to guidelines and timelines, particularly with regard to filing Form I-829, is critical.

As experts in this field, we strongly advise continued collaboration with an immigration attorney or other professionals during this final step to ensure that the process proceeds smoothly, cementing your status as a permanent resident of the US.

Documents Needed for Your EB-5 Visa Application

Preparing and submitting the needed documents is a crucial part of the EB-5 visa application process.

Below, you’ll find details about the essential forms needed.

Form I-526

Form I-526 (Immigrant Petition by Alien Investor) is the first petition that an investor has to file to demonstrate eligibility for the EB-5 program.

This form requires detailed information, and the accompanying documentation must meticulously substantiate the claims made within the petition.

Its main elements include:

• Investment amount: This is evidence that the necessary amount has been invested or is being used for a new commercial venture.
• Source of funds: This comprehensive documentation tracks the legal source of your investment funds.
• Investment in a new commercial enterprise: This proves that the funds are invested in a qualifying new commercial enterprise.
• Job creation plan: A detailed business plan showcases how the investment will create or preserve the required full-time jobs for qualifying US employees.
• Involvement in business: This is information regarding the investor's role in the day-to-day management or policy formation of the business.

Investment Documentation 

Investment documentation is vital to show that you've met the capital requirements and that the funds have been obtained legally.

This includes:

• Evidence of the required capital investment 
• Proof of the legal source of funds for the investment, such as bank statements, tax returns, business ownership documents, or other financial records

Business Documentation

Your business documents provide evidence of the legitimacy of the business in which you are investing and its compliance with the EB-5 program's regulations.

They must include:

• Your business plan for the new commercial enterprise or the existing business you are investing in
• Proof that the EB-5 project is in a TEA (if relevant)
• Articles of incorporation or organization for the new commercial enterprise.
• Partnership or operating agreements (if applicable)
• Evidence that your investment will create 10 jobs for US employees within the required period

Financial Documentation 

Financial documentation provides a comprehensive view of your financial standing, including assets, liabilities, and your ability to maintain the investment.

Make sure that you have the following:

• Proof of business or asset ownership
• Copy of all business and/or professional licenses
• Last 5 years of tax returns (business or personal)
• Last 5 years of bank statements (business or personal)
• Proof of ownership for other sources of capital used for the investment
• Financial statements for every business

Personal Documentation

Personal documents serve to establish your identity, family relationships, and legal standing.

For example:

• Passport copies (including passports for dependents applying with you)
• Birth certificates for all family members that are included in the application
• Marriage certificate (if applicable)
• Divorce or death certificates (if applicable)
• Police clearance certificates from the countries where you’ve lived
• Pending governmental civil or criminal actions, certified copies of judgments, or private civil actions against the petitioner within or outside of the US within the last 15 years
• Military records (if applicable)
• Copies of previous immigration applications
• Photographs
• Medical examination

Form DS-260

The form DS-260, Immigrant Visa Electronic Application, is a required document for anyone applying for an immigrant visa from outside the United States.

It's an online form where you must provide detailed personal information, family information, and details about your background.

It’s important to note

It's part of the consular process, and you must complete and submit it online through the Consular Electronic Application Center (CEAC).

Form I-485 

Those in the US who want to apply for permanent resident status without going back to their home country use Form I-485.

This form requires information about your eligibility category, personal and family details, immigration history, and medical examination information.

The process may also include biometric services and an interview with USCIS.

Form I-864

Form I-864, the Affidavit of Support, serves as a legally enforceable agreement in which the sponsor pledges to furnish financial backing to the immigrant.

The objective of this commitment is to make certain that the immigrant doesn’t become a financial burden on the public while residing in the United States.

In this arrangement, the sponsor is required to show the capacity to support the immigrant at a level equal to or exceeding 125% of the federal poverty guidelines.

Additionally

Form I-864 is often required for family-based immigration processes, including the EB-5 program, to show that the investor has the financial means to reside in the US without relying on public funds.

How Long Does It Take to Get an EB-5 Visa?

The EB-5 visa application process involves multiple stages and timeframes that can vary depending on individual circumstances and the country of application.

Our seasoned team has compiled the answers you require:

How Long Does EB-5 Application Approval Take?

The volume of applications, the complexity of your particular case, and any potential legal changes can all have a significant impact on how long it takes to approve an EB-5 application.

Generally, the processing of the initial I-526 petition might take anywhere from 18 to 24 months, though this can be shorter or longer.

After that, additional processing steps and waiting times apply before final visa issuance.

How Soon After You Receive Your EB-5 Visa Can You Enter the US?

Once you receive your EB-5 visa, you can generally enter the US immediately, subject to standard immigration inspection at the port of entry.

It’s recommended that you coordinate with your legal representative to ensure that all requirements have been met and that you understand any conditions associated with your initial entry.

Will Your EB-5 Visa Process Take Longer If You Apply in Another Country?

The length of the EB-5 visa process varies depending on the US embassy or consulate.

Local laws, the volume of applications, and staffing levels can influence processing times.

Take note

While the core EB-5 program requirements remain the same, consulting with a legal representative knowledgeable about the specific country's application process can provide personalized guidance.

What Happens If Your EB-5 Visa Application Is Rejected?

A rejection of an EB-5 visa application is often a challenging and stressful experience.

Understanding the reasons for rejection and the potential steps to rectify or appeal the decision can make a significant difference.

Read on.

Why Would Your EB-5 Visa Application Be Rejected?

Rejections of an EB-5 Visa application can occur for various reasons.

Below are some of those reasons:

• Insufficient investment: Failure to invest the required minimum amount.
• Unlawful source of funds: Inability to prove that the funds were lawfully obtained.
• Non-compliance with job creation requirements: Failure to prove that the investment will create or preserve the required number of jobs.
• Inaccurate or incomplete documentation: Errors or omissions in your application forms and/or supporting documents.
• Failure to meet affiliation requirements: Issues with the chosen investment project not meeting the criteria of the EB-5 program.

Understanding the exact reason for rejection is crucial, as it informs the necessary steps to address the issue.

What Steps Can You Take If Your EB-5 Visa Petition Is Rejected?

If your EB-5 Visa petition is rejected, it's essential to take prompt and informed action.

Here are the key steps you might consider:

• Review the rejection notice: Understanding the specific reasons for rejection will guide your next actions.
• Consult with an immigration attorney: Seek professional legal advice to understand your options, including potential appeal or re-application.
• Consider filing an appeal: If you think the decision was incorrect, you can file an appeal through Form I-290B, Notice of Appeal or Motion.
• Reapply if appropriate: Depending on the reason for rejection, reapplying with corrected information or additional documentation may be a viable option.
• Explore other visa options: If reapplying or appealing the EB-5 decision isn’t feasible, consult with an immigration expert to explore other US visa options that may suit your situation.

Rejections can be a significant setback, but with the right understanding, professional guidance, and persistence, other pathways may still be available to achieve your immigration goals.

EB-5 Green Card

The EB-5 Green Card offers foreign investors a pathway to US permanent residency by investing in a qualifying project that creates jobs.

However, there are specific aspects that every potential applicant should understand regarding the duration and living arrangements of this visa.

Take a look below:

How Long Does the Initial EB-5 Green Card Last?

The initial EB-5 green card, or conditional permanent residency, lasts for a period of 2 years.

During this conditional period, the investor must maintain their investment in the EB-5 project and comply with all the other requirements of the program.

Additionally

As this conditional period nears its end, the investor needs to file Form I-829 to remove the conditions and obtain non-conditional permanent residency.

Failure to file this form within the required time frame or meet the requirements can result in a loss of status.

Can I Live Anywhere in the US While My EB-5 Visa Is Valid?

Yes, once your EB-5 visa is approved and you obtain your conditional permanent residency, you’re generally free to live anywhere in the United States.

This includes regions that are outside the area of your EB-5 investment project.

However

It's essential to maintain compliance with the requirements specific to your investment, such as job creation and investment maintenance.

Consulting with legal professionals knowledgeable about the EB-5 program can provide personalized insights into any constraints or considerations that might affect your ability to live in a specific location.

Common Questions

In Conclusion

The EB-5 visa application process is an intricate journey, requiring careful attention to various aspects such as qualifications, legal assistance, investment planning, and essential documentation.

Whether applying from inside or outside the US, each step of the EB-5 visa application must be handled with precision.

With the right approach and professional guidance, this pathway to American residency can be successfully navigated.

Your American dream may be closer than you think, so be sure to consult all our other helpful guides on the EB-5 visa topic.