The EB-5 Visa program was designed with the purposes of enhancing job growth and facilitating qualified immigration into the U.S. There are two steps in the qualification process through U.S. Immigration & Citizenship Services. Each applicant is first evaluated for admissibility based off certain criteria which is applicable to each and every individual seeking a U.S. Green Card. This includes concerns such as criminal convictions, illegally acquired assets and other significant health issues that may prevent entry to the US.
After completing the first step of qualification, the applicant will then create an at-risk investment that contributes in generating at least ten U.S. jobs in a direct or indirect manner. Since applicants are considered investors, they are not required to hire people or work in the business themselves.
You can learn more about the EB-5 process on U.S. Immigration Fund’s website. Here are the nine necessary steps in obtaining an EB-5 Visa:
- Confirm Eligibility
Applicant must be confirmed as an ‘accredited investor’. Some necessary questions may be asked including questions about personal finance.
- Selecting A Project
Once confirmed as an ‘accredited investor’, the applicant then chooses a real estate project to invest in. The entire investment structure focuses on low interest rates for a set number of years but ultimately allows the investor to receive a green card.
- Hire an Immigration Attorney
After choosing your investment, you then get in touch with international law firms and hire an immigration attorney. The legal fees may vary according to the attorney’s competence and complexity of the immigration case.
- Choosing a Regional Center
You are now ready to submit your visa petition application with the documents and information provided by the immigration attorney. You will complete the rest of the entire visa process with a Regional Center. The process of compiling all documents takes about 2 to 3 months, which involves tracing the money back to the last seven years as well as providing proof that source of investment was earned through legal means.
- File the Visa Petition
The application will be filed by the attorney and the Regional Center you choose to work with.
- Updates on Investment
Applicant will receive regular reports on the status of the project by the Regional Center.
- Application Process Time
The initial application gets processed along with other applications and takes approximately 15 months.
Once the application has been approved, the applicant then goes through their final visa process. You can make an appointment at any country’s U.S. embassy. After the Visa is issued, documents will be provided that should be shown to the U.S. immigration upon arrival. At this point, the applicant now becomes a permanent resident of the U.S. also termed as a Green Card Holder.
- Completion of Investment
Your investment will continue simultaneously with this process and you will receive a full repayment of your investment if all conditions are met. For example. The project must complete 10 jobs per investor and the investment must be at risk during the entire process of the project. Please note each project is operated at a different level. Every investment will also meet the requirements of the U.S. Securities Act of 1933.