Know about EB5 Visa Application Procedure: Step-by Step

With the passage of time, the prized US EB5 Visa–also known as the US Green Card–has grown in popularity, and gained widespread acceptance the world over. It shows in the rapid increase in the number of the applicants for this visa. Gaining the prized and lawful permanent residence status, via the EB-5 Visa Class, is a 3-step self-applying procedure.

Step 1: The successful candidate ought to get sanction for his Form I-526 Petition meant for a foreign entrepreneur. Further, post he duly concludes a painstaking business & fiscal due diligence scrutiny of the feasibility of the Regional Center business opportunity, the necessary investment must be made, & an I-526 submission submitted with the US Citizenship & Immigration Services (USCIS), even as it would necessitate the latter to endorse that the aspirant (source of money) & the investment are entitled for EB-5 privilege. There are three ways to invest in the EB-5 category: a fresh commercial venture, a firm in trouble, or a regional center pilot program. The submission charge for the Form I-526 is $1,500. Presently, the processing time for the I-526 is between 4 and 6 months.

Step 2: The applicant should present an I-485 petition, to adjust status to authorized permanent resident, or duly file a petition for an immigrant permit at an American consular office or consulate outside the nation. The EB-5 aspirant–along with the close members of his family–would get provisional permanent residence for a two year period, post the endorsement of the I-485 submission, or post admission into the country with an EB-5 Permit.

Step 3: Within 90 days of the 2-year conditional Green Card’s expiration date, the investor must file Form I-829, to seek and request for the removal of the conditional permanent residency. The endorsement of an AOS submission, or the grant of an immigrant permit, succeeded by an entry into the country, would denote that the investor and the partner & the qualified kids of the investor have been offered CLPR, for a period of two years. Significantly, the conditions should be done away with so that the migrants could live in the country, for an indefinite period, as the inability to do so would lead to the end of the CLPR status even as it would invite the beginning of the proceedings for removal.

In case the USCIS gives green signal to the petition, the EB-5 applicant would get a fresh Green Card, minus any further conditions, and also the go-ahead to reside and get employed in the country, on a permanent basis. Post five years of permanent residency–an investor may file a petition for American citizenship.

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