EB-5 Green card to USA
Eb-5 is one the employment based
preference category visa options to immigrate to USA. The program category requires the applicant to be involved in a business/commercial enterprise that will contribute to the American Economy and create – directly or in some cases (in case of regional centre projects), indirectly. The mandatory minimum investment is USD 1,000,000 (one million US dollars), exception being investments in the employment areas that aims at rural development, where it can be USD 500,000.
EB-5 Visa: Case Processing Procedures
Case processing procedures for EB-5 Visa is divided into two parts:
I- For applicants having lawful non-immigrant status within USA and staying in USA:
- Firstly, the applicant makes qualifying investment.
- Next, a Form I-526 petition (and supporting documents) is filed by the applicant with the USCIS.
- Once the Form I-526 is approved, applicant needs to file the Form I-485, which serves as a formal application to Register for Permanent Residence or Adjust Status.
- Upon approval of the Form I-485, the applicant is granted a conditional lawful permanent resident status, which is valid for two years.
- Approximately 21 months later, the applicant must file a Form I-829 to remove the conditional status.
- The applicant must provide supporting documents to ensure that they have satisfied all EB-5 qualifying conditions.
- After verification of the submitted documents and meeting all EB-5 qualifying conditions, a new ten-year unconditional green card is issued.
II- For applicants outside the United States
- The applicant first makes a qualifying investment
- They file a Form I-526 petition (and supporting documents) with the USCIS.
- The U.S. Department of State’s National Visa Center process the EB-5 immigrant visa through the local U.S. consular post with jurisdiction over the place of residence.
- The applicant uses the EB-5 immigrant visa to enter the United States, which commences the two-year conditional lawful permanent resident status.
- Approximately 21 months later, the applicant must file a Form I-829, in order to remove the conditional status.
- The applicant must provide supporting documents to make sure that they have satisfied all EB-5 qualifying conditions.
- Upon approval, a new ten-year unconditional green card is issued.
Providing guidance on your specific case, an immigration specialist can contribute a lot to the success of your EB–5 Visa to US. However, if you are unable to meet the requirements of EB-5 program, you can still rejoice with the Canada Immigration Investment Program that allows you to establish your business enterprise in Canada and ultimately become an American investor in due course, if you want.
Summary: EB-5 Visa grants you the permission to stay and start up your own business in USA. However, it is mandatory that you fulfil the post-visa conditions for a minimum of two years, in order to gain permanent residency status in the US. There are two kinds of case processing procedures to apply for EB-5 Visa.
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alternate programs that you can easily qualify for, if you fail to meet the conditions of EB-5 Visa for US. Seek consultation from a good immigration specialist to know more about this program and the opportunities made available by it.