Applying For The Green Card EB5
Obtaining an EB5 investment based green card is a three-step process.
A. Filing For Green Card: EB5 Petition
To seek status as an immigrant investor, you must file U.S. Citizenship and Immigration Services (USCIS) Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation, which clearly demonstrates that your investment meets all requirements, such as:
- Establishing a new commercial enterprise
- Investing the requisite capital amount
- Proving the investment comes from a lawful source of funds
- Creating the requisite number of jobs
- Demonstrating that the investor is actively participating in the business, where applicable
- Creating employment within a targeted employment area
Once the petition is approved, the USCIS forwards the approved petition to the National Visa Center (NVC), which will contact you when an immigrant visa number becomes available.
B. Obtain Status As A Conditional Resident
Once the EB5 investment based green card petition is approved, you may obtain status as a conditional resident
- If you reside within the U.S., apply for adjustment to Conditional Permanent Resident status
- If you reside outside the U.S., apply for an immigrant visa at a American Consulate abroad
To deter fraud, you, your spouse and children are subject to conditional permanent residence for a two-year period.
C. Remove Conditions on Permanent Residence
To remove the two-year conditions on permanent residence, you must file a USCIS Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of your admission to the U.S. as a conditional resident.
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