Applying for an EB-5 Visa  

The procedure for filing an EB-5 Investor Green Card petition is relatively straightforward. The investor must present evidence that traces the funds through bank transfers and other documentation, from the investor directly to the enterprise. The money can be the investor’s own funds or in the form of a loan or gift, which would allow a parent to gift a son or daughter.
After the investor completes a thorough business and financial due diligence analysis of the viability of the Regional Center business opportunity, the investment is made and an I-526 petition is filed by the foreign investor with CIS, requiring CIS to approve that the applicant (source of funds) and the investment are eligible for EB-5 status.
If the investor is already in the US, he or she then applies for a Green Card through CIS. No interview customarily is required. If the investor resides abroad, an application for the Green Card is generally made at the U.S. Embassy or Consulate in the investor's home country, where an interview is necessary. Approval of the Green Card takes on average about 3-5 months.
Once CIS approves the investor's Green Card, it is conditional for a period of two years. Conditional Green Card status confers the same rights as the permanent Green Card.
Between 21-24 months after the conditional Green Card has been approved, the investor will apply to remove conditions, a process that enables U.S. immigration authorities an opportunity to determine that the project and the investor have remained compliant with the immigration rules. During the conditional period, the investor enjoys all the benefits of a green card. Five years after becoming a conditional green card holder, the investor and the family may apply to become citizens of the United States if they wish.
Once the condition has been removed, a full Green Card is granted for permanent resident status. Thereafter, in an approved Regional Center case, depending on the terms of their agreement, the investment may be, sold, and the investor will still maintain the permanent Green Card.

Investor Requirements

Broadly speaking, the investor must meet certain criteria:

  • Be in good health (no communicable diseases or serious mental disorder).
  • Must not have a criminal record or background of any kind.
  • Must have evidence of a qualifying financial background for at least the last five years.
  • Must have the financial capacity to participate.
  • Must not have any disqualifying U.S. immigration background.