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EB5 Immagration Investor Process

Application Process

  1. File Form I- 526, Petition by Alien Entrepreneur
  2. Upon approval of Form I 526 petition, either:
  • File Form I- 485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
  • File DS 230 or DS- 260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB5 visa for admission to the United States.

Upon the approval of the I- 485 application or upon entry into the United States with an EB5 immigrant visa, the EB5 investor and derivative family members will be granted conditional permanent residence for a two-year period.

Removing Conditions

  • File Form I 829, Petition by Entrepreneur to Remove Conditions, 90 days before the two-year anniversary of the granting of the EB5 investor’s conditional resident status (Green Card).
  • List only the conditional resident’s address on Form I- 829.

If USCIS approves this petition, the conditions will be removed from the EB5 applicant’s status and the EB5 investor and derivative family members will be allowed to permanently live and work in the United States

The list of documents needed for an EB5 investor application is extensive and will vary on a case-by-case basis. Generally, an investor and his/her family members will need the following:

Form I 526 Petition for an Alien Entrepreneur

Requirements Supporting Documents (Evidence)*

New Commercial Enterprise  Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
  1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
  2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

Managing the New Commercial Enterprise  Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).

Investment      Evidence that you have invested or are in the process of investing the amount required ( $ 1 million or $ 500,000).

Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:

  • Foreign business registration records
  • Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
  • Documents identifying any other source of money
  • Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years

Job Creation    Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.

Job Preservation—Troubled Business            The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:

The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I 9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.

* Note: To be approvable, at least 10 jobs must be maintained.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.