Step-by-Step Guide: How to Apply for an EB-5 Green Card

With the EB-5 Green Card program, foreign investors have access to a unique route to permanent residency in the United States for themselves and their families, provided that they make a significant enough investment in the American economy. This comprehensive, step-by-step tutorial on applying for an EB-5 green card answers common queries about the process, including how to apply for an EB-5 green card, how long it takes to get an EB-5 green card, and how to earn a U.S. green card through investment.

Understanding the EB-5 Green Card Program

The EB-5 visa program was created by the U.S. Congress in 1990 to provide a method by which foreign investment could be used to stimulate the United States economy. To apply for the EB-5 Green Card, an investor will have to satisfy the following conditions:

• Investment Amount: Invest the minimum amount in a targeted employment area of $800,000 or $1,050,000 outside the targeted employment area.
• Job Creation: The investment must create a minimum of 10 full-time jobs for United States workers.

It provides a pathway to an investment green card for investors, spouses, and unmarried children under the age of 21. It is very important to clearly understand these requirements in order to navigate the EB-5 process successfully.

How to Apply for an EB-5 Green Card

Basically, How to Apply EB-5 Green Card involves several key steps that can guide you toward obtaining U.S. permanent residency through investment. Here’s a simplified overview of the process:

1. Select an Investment: One must find a qualified EB-5 investment project. Typically, this involves a $1.05 million investment into a business in the United States or $800,000 for targeted employment areas.
2. Prepare Your Documents: Attach relevant documentation of the source of your investment funds, personal identification, and the type of investment.
3. Filing Form I-526: The Immigrant Petition by Alien Investor, Form I-526, should be filed with the U.S. Citizenship and Immigration Services (USCIS). This would show your qualification for the EB-5 visa via your investment.
4. Approval: USCIS will then process your petition and, upon approval, provide you with conditional permanent residency status for two years.
5. Remove Conditions: File the Form I-829, Petition by Investor to Remove Conditions, before your two-year conditional status expires to prove that your investment has met all the requirements and to remove the conditions on your residency.
6. Get Your Green Card: Approval of the petition Form I-829 is permanent EB-5 Green Card that allows you to stay and work in the United States permanently.

How to Get a U.S. Green Card by Investment

Obtaining a U.S. Green Card through investment is primarily achieved through the EB-5 Immigrant Investor Program. Here’s a step-by-step guide to help you understand how to get U.S. Green Card by investment:

1. Understand EB-5 Program: The EB-5 program offers a path to a U.S. Green Card for an investor who puts money into a U.S. business with at least job creation for American workers.
2. Select an appropriate investment: Invest $1,050,000 in a new commercial enterprise, or $800,000 in a targeted employment area, essentially an area with economic problems. Ensure the investment complies with the EB-5 program requirements.
3. Due Diligence: This involves research into an appropriate investment project/Regional Center that follows the rules laid down by EB-5. The project must be credible with a sufficient track record and must fulfill the job creation requirements.
4. Prepare Your Application: Gather and prepare the required documents that show the source of your investment, identification, and information about the venture you will be investing your business in.
5. Filing Form I-526: The investor needs to submit Form I-526, Immigrant Petition by Alien Investor, along with supporting evidence that the investment will meet the program requirements, to USCIS.
6. Approval of the petition: After filing the petition, await its approval from the agency. Once approved, conditional permanent residency will be granted to an investor for two years.
7. Keep your investment to remain within the program’s requirements, including job creation during conditional residence. Within or at the second anniversary of conditional residence obtained, file Form I-829, Petition by Investor to Remove Conditions. This should show that the investment of the petitioner has met requirements and the creation of jobs has met the requirements set by the program.
8. Permanent Green Card: When your I-829 petition is approved by the USCIS, you will be issued with a Green Card of the United States and be considered a permanent resident.