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Steps

While the EB5 visa process has three major milestones there are, of course, many smaller steps which must be completed to reach the goal of residency. The below chart provides a more detailed overview of this process: 

Step

Immigration Process Chart

1

Immigrant carefully researches EB5 America program options to assess qualifications, timing and benefits.

2

If interested in participating and is otherwise qualified, Immigrant submits a preliminary application to EB5 America program managers.

3

Within 10 days, DC Regional Center managers complete a background check and eligibility test. If accepted into the EB5 visa program, the Immigrant is required to complete additional forms, collect records   and place capital into escrow.

4

Immigrant is assigned a highly skilled EB5 program visa lawyer that will prepare and file the comprehensive application package (Form I-526 "Immigrant Petition by Alien Entrepreneur") to the USCIS.

5

If Form I-526 Petition is approved by USCIS, the application is transferred to US Embassy in Immigrant's home country. The Immigrant will then attend a visa interview at the Embassy conducted by a U.S. Consular Officer.  
If Form I-526 petition is denied by USCIS, all application support materials, including full amount of escrowed capital, are immediately refunded to the Immigrant and case is closed.  

6

If the Consular Officer approves the case, the EB5 visa stamp is placed into the Immigrant's passport (same for spouse and children). The immigrant and family must then enter the United States within 180 days of visa issuance, and upon first landing into America all receive conditional residency (conditional Green Card status) valid for 2 years.

7

As soon as the Immigrant and family make their first landing to America resulting in resident status, they are all free to live anywhere in the country, enjoy unrestricted travel/work rights.   

8

Within several weeks of landing, the USCIS will manufacture and mail out the actual "Green Card" but until this arrives in your mail box, the immigrant visa stamp in the passport serves as temporary evidence of residency. 

9

After 24 months, the EB5 program provides the Immigrant with evidence proving of job creation. The Immigrant's visa lawyer then prepares and files the required Form I-829 "Petition to Remove Conditional Status" with the USCIS. This required application seeks to change the immigrant's status from conditional to permanent Green Card status.

10

If the Form I-829 application demonstrates the required job creation then the USCIS will approved the case. The Immigrant and family members are then issued new "permanent" Green Cards without an expiration date.
If the EB5 program is unable to demonstrate required job creation, then the USCIS will deny the Form I-829 application and start proceedings to terminate the Immigrant's residency.     

11

After 3 years, the Immigrant and family members may to apply for U.S. citizenship and U.S. passport.

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