An Overview of the EB-5 Visa Process: From Initial Investment to Green Card Acquisition

Pursuing the EB-5 visa represents a transformative choice that carries substantial personal, professional, and financial consequences for the entire family. Therefore, it is crucial to have a comprehensive understanding of the EB-5 visa process to make a well-informed decision.

Prior to Submitting the I-526E Petition:

The official EB-5 process commences with the submission of the I-526E petition, which serves as the application for the EB-5 visa. Nevertheless, there are several preliminary steps and tasks that should ideally be undertaken before this submission. These steps encompass the evaluation of the investor\’s Source of Funds (SoF), the decision between the direct investment route or the Regional Center option, collaborating with an EB-5 financial expert to assess various Regional Centers, and selecting the appropriate Regional Center project.

The analysis of the Source of Funds is critical, as only funds that have been legally obtained can be utilized by an EB-5 investor for the visa application. Selecting the appropriate Regional Center project is a crucial decision, as it directly influences the likelihood of recovering the EB-5 investment within a timeframe of approximately four to six years. This process involves comparing various regional centers and their respective projects, including those in rural areas that qualify for expedited processing and projects located in high-unemployment targeted employment areas.

I-526E Submission:

The date on which the I-526E petition is submitted serves as the Priority Date, which plays a crucial role in determining whether an applicant may face delays due to a potential visa backlog following the approval of the I-526E.

Before the sanctioning of the EB-5 Change and Astuteness Act of 2022, financial specialists were allowed to record for Alteration of Status (AoS) as it were after accepting the I-526 endorsement. However, the new Act enables investors seeking the EB-5 visa from within the United States to submit their AoS application concurrently with the I-526E petition. This change represents a significant advantage, as the pending AoS application allows investors to apply for an Employment Authorization Document (EAD) and Advance Parole (AP).

The EAD serves as a work permit, granting investors the ability to work for any employer throughout the United States or to operate as entrepreneurs without restrictions. Meanwhile, the AP functions as a travel permit, facilitating unrestricted travel outside the United States with minimal limitations. Typically, the processing time for obtaining the EAD and AP is approximately six to eight months, allowing investors to reap substantial benefits associated with the green card within this timeframe, even as the EB-5 process progresses.

Investment Deployment in the EB-5 Program:

The regulations governing the EB-5 program stipulate that applicants must either invest or be in the process of making an investment to qualify for I-526E approval. The most straightforward method to meet this requirement is to allocate the investment to a Regional Center following the confirmation of the I-526E petition\’s receipt by USCIS.

I-526E Approval:

The subsequent phase in the EB-5 process is the approval of the I-526E, which typically requires a duration of approximately 12 to 18 months following the submission of the I-526E application.

For investors submitting their applications from within the United States, the processing of the I-485 petition for Adjustment of Status will commence upon receiving I-526E approval. Conversely, an EB-5 investor applying from abroad must initiate consular processing at the nearest US embassy or consulate. This consular processing may extend an additional six to eight months, resulting in a longer waiting period for those seeking a conditional green card from outside the United States.

Two-Year Conditional Permanent Residence:

The two-year conditional permanent residence period commences upon the successful completion of either the Adjustment of Status or Consular Processing. This conditional green card grants the investor and eligible dependents access to the same benefits and privileges as any other permanent resident of the United States. The green card remains valid for a duration of two years, during which the investor is required to provide evidence of fulfilling the at-risk investment and job creation criteria to be qualified for the unrestricted green card.

The handle of ousting conditions incorporates submitting the I-829 ask generally 90 days before the conclusion of the two years. The endorsement of the I-829 request may take an evaluated three to four years. Nevertheless, the investor\’s status remains valid until the petition is finally adjudicated. The expulsion of conditions and the issuance of an unlimited green card mean the completion of the movement component of the EB-5 visa process.

Investment Recovery:

The EB-5 lifecycle, be that as it may, concludes as it were with the return of the investment. Although this outcome is not guaranteed, the likelihood of recovering the $800,000 investment can be enhanced by collaborating with an EB-5 financial professional who is regulated by the SEC and FINRA in the United States. The return of the theory commonly requires a time period of around four to six a long time, which implies the conclusion of the EB-5 lifecycle.