Step-by-Step Guide to the EB-5 Visa Process

EB-5 Visa lawyer    EB5 Greencard Lawyer in Mumbai    EB-5 Greencard for Indian Nationals    EB-5 Visa India Investment Requirements    EB-5 Visa India Benefits    EB-5 Visa India Timeline    EB-5 Visa India Application Steps    EB-5 Visa India Cost    

The EB-5 visa program is a popular option for foreign investors seeking permanent residency in the United States. This program allows investors to obtain a green card by investing in a new commercial enterprise that creates jobs in the U.S.

If you are considering applying for an EB-5 visa, it is important to understand the application process and the steps involved. In this article, we will provide a comprehensive guide to the EB-5 visa application steps and help you navigate your way to U.S. residency.

US Investor Visa For Indians | Step-by-Step Guide to the EB-5 Visa Process

What is the EB-5 Visa Program?

Before we dive into the application process, let’s first understand what the EB-5 visa program is all about.

The EB-5 visa program was created by the U.S. government in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. It allows foreign nationals to obtain a green card by investing a minimum of $800,000 in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

The program has gained popularity in recent years, with many investors seeing it as a pathway to permanent residency in the U.S. and eventually, citizenship.

Job Creation and Investment Requirements

To qualify for an EB-5 visa, an investor must invest a minimum of $800,000 in a new commercial enterprise located in a targeted employment area (TEA). This investment must create at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.

If the investment is made in a non-TEA, the minimum investment amount is $1.1 million. However, if the investment is made in a TEA, the minimum investment amount is reduced to $800,000.

EB-5 Visa Application Steps

Now that we have a basic understanding of the EB-5 visa program, let’s take a closer look at the application process and the steps involved.

Step 1: Determine Eligibility

The first step in the EB-5 visa application process is to determine if you are eligible for the program. To be eligible, you must meet the following criteria:

Step 2: Choose an Investment Project

Once you have determined your eligibility, the next step is to choose an investment project. This can be done in two ways:

Step 3: File Form I-526

After choosing an investment project, the next step is to file Form I-526, also known as the Immigrant Petition by Alien Entrepreneur. This form is used to demonstrate that you have invested the required amount of capital and that your investment will create at least 10 full-time jobs for U.S. workers.

Step 4: Conditional Permanent Residency

If your Form I-526 is approved, you will be granted conditional permanent residency for a period of two years. During this time, you must maintain your investment and create the required number of jobs.

Step 5: File Form I-829

Within 90 days before the expiration of your conditional permanent residency, you must file Form I-829, also known as the Petition by Entrepreneur to Remove Conditions. This form is used to demonstrate that you have maintained your investment and created the required number of jobs.

If your Form I-829 is approved, the conditions on your permanent residency will be removed, and you will be granted a permanent green card.

Consular Processing

If you are living outside of the U.S. and wish to apply for an EB-5 visa, you will need to go through a process called consular processing. This involves obtaining an immigrant visa from a U.S. consulate or embassy in your home country.

Step 1: File Form I-526

The first step in consular processing is to file Form I-526, just like the regular EB-5 visa application process.

Step 2: Wait for Approval

After your Form I-526 is approved, you will receive a notice from the National Visa Center (NVC) with instructions on how to proceed with your application.

Step 3: Submit Documents to the NVC

You will need to submit various documents to the NVC, including your passport, birth certificate, and police certificates. You will also need to pay the required fees.

Step 4: Attend an Interview

Once your documents have been processed, you will be scheduled for an interview at the U.S. consulate or embassy in your home country. During the interview, you will be asked questions about your investment and your plans for living in the U.S.

Step 5: Receive Your Immigrant Visa

If your interview is successful, you will be issued an immigrant visa, which will allow you to enter the U.S. as a conditional permanent resident.

Step 6: Conditional Permanent Residency

After entering the U.S., you will be granted conditional permanent residency for a period of two years. You must maintain your investment and create the required number of jobs during this time.

Step 7: File Form I-829

Just like the regular EB-5 visa application process, you will need to file Form I-829 within 90 days before the expiration of your conditional permanent residency.

Conclusion

The EB-5 visa application process can be complex and time-consuming, but with the right guidance, it can lead to permanent residency in the U.S. By following the steps outlined in this article, you can navigate your way through the application process and achieve your goal of living and working in the United States.

If you are considering applying for an EB-5 visa, it is important to consult with an experienced immigration attorney who can guide you through the process and help you make the best decisions for your future. With the right preparation and guidance, you can successfully obtain an EB-5 visa and start your journey toward U.S. residency.

HOW WE HELP CLIENTS

Global Immigration Partners | Step-by-Step Guide to the EB-5 Visa Process

Global Immigration Partners PLLC is a specialized immigration law firm. Through our international presence we have specialist knowledge of the specific procedures in multiple embassies and consulates around-the-world.Book a free consultation

Find an Immigration Lawyer in India

Global Immigration Partners PLLC, India
307, Chincholi Bunder Rd, Malad, Rajan Pada
Mumbai, Maharashtra 400064 India
+91 022 5032 3249

#eb5visaindia

EB-5 visa Latest posts