Investor Eligibility
There are three main criteria for applicants of the EB-5 Program, as outlined below:
- Qualification: To invest, applicants must be approved as qualified EB-5 investors based on their net worth, income, and/or other criteria. In addition, the investor must be a Non-US person. Please see fill out questionnaire to the left.
- Source of Funds: Investors must be able to show that the funds being invested were legally obtained. A qualified immigration attorney can assist investors with this.
- Background Check: Investors must pass a background check performed by the US government
Process
To participate in the EB-5 Program, investors must file the I-526 petition with the United States Citizenship and Immigration Services (USCIS). After I-526 approval, investors will file a separate petition – the I-829 – to receive permanent residency.
Step 1
I-526
Filing the I-526 petition is the first step in the EB-5 Program application process. USCIS requires all investors to produce the following:
- Evidence that the invested capital comes from a “lawful source”
- Evidence that an investor’s accumulated wealth is sufficient for an EB-5 investment
- Evidence that the investor has transferred funds to the Regional Center’s escrow account or project account
- Copies of passports for each family member on the petition
- Documents related to the petitioner’s education and employment history, such as résumés, diplomas, and other relevant documents
- Birth and marriage certificates for all family members on the investor’s application
- Additional information may be required on a case-by-case basis
To fulfill the above requirements, investors must coordinate with an immigration attorney. When you’re ready to subscribe to one of our projects, we can provide a list of experienced, non-affiliated immigration attorneys for you to contact.
download investor form:
Step 2
I-829
Upon approval of the I-526 petition, the investor and all family members listed on the petition will receive a conditional green card that lasts for two years. Within 90 days of the conditional green card’s expiration, investors and their attorneys must file the I-829 petition to demonstrate the following:
- Evidence that the investor invested the required amount of capital
- Funds were invested in the project and “at risk” at the time of the I-829 petition filing
- The commercial enterprise created, or can be expected to create, at least 10 full-time jobs as a result of the investor’s funds.
- Upon USCIS approval of the I-829 petition, investors and their family members will receive permanent U.S. green cards.
Timeline
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