The EB-5 Application Process

The EB-5 Visa Application Steps At A Regional Center

  1. Hire us as your attorney: Sign a retainer agreement so that we can be your representative through the entire EB-5 investor visa process.
  2. Pick an investment project: If you are investing through a regional center, you must choose a project that is credible and suitable for you. We work with a financial planner who can assist you with the pros and cons of investing in each project. The regional center will issue their documents, including a partnership agreement, subscription agreement, marketing materials, and a business plan. As your legal representative, we will review the documents.
  3. Sign your agreement: After you choose a project under a regional center, you will sign the partnership agreement and other necessary documents between you and the regional center.
  4. Deposit the investment fund into Escrow Account: After the contract/agreement is signed, the investor deposits the investment monies of $500,000 into an escrow account set up by the regional center. The funds remain in the escrow account until your initial I-526 application is decided. If the application is approved, the funds will be wired from the escrow fund to the project itself. If the application is denied, the funds will be returned to your bank account.
  5. Prepare your source of funds documentation: You will need to provide documentary evidence of where the investment money came from and that the source of funds is legal. Depending on the country where the investor is from, this part of the process is not always transparent and certain countries do not keep accurate records of certain documents such as deeds, income statements, and other important documents to prove legal source of funds. We have experience dealing with these issues and will work with you to resolve such issues.
  6. File the EB-5 investment application (I-526): We will prepare your application and supporting documents. It usually takes about six months to get the decision. Sometimes the government requires more documents, and it will take additional time. If the investor’s application is denied, the investment fund will return to the investor. If the application is approved, the investment fund will be released from escrow account to the project. There currently is no expedited processing (a.k.a. premium processing) for the I-526 application.
  7. After the approval: If your application is approved, U.S. consulate will serve notice to the investor to interview about three to six months later. We will guide you through the consular interview.
  8. After interview: If you pass the interview, you, and your immediate family (spouse and unmarried children under 21) can immediately come to the US and get a two-year conditional permanent resident card. If you cannot pass the interview, your investment will be returned to you.
  9. Remove conditions: 90 days before the two-year conditional permanent resident card expires, we will help you file the application for removal of conditions to get a permanent resident card. We will prepare your application with supporting documents.
  10. Citizenship: You can apply for citizenship five years after you receive your two-year conditional green card. We will assist in this application process for an additional fee.

Steps Of EB-5 Visa Application Through Starting Your Own Business

  1. Pick an investment business: If you are investing through an individual business, it is important to ensure that the investment is financially viable. We work with financial planners and business experts, so we will conduct due diligence on your prospective EB-5 investment.
  2. Proof of funds: After you make the decision, you should have enough investment funds to prepare the transfer. This amount would be $1,000,000 for individual business EB-5 investors, or $500,000 if the investment is in a targeted employment area. The investor needs to collect all the documents that prove that the source of funds for the EB-5 investment was legally obtained.
  3. Make the capital investment: After the EB-5 investors make the capital investment by either placing the funds in escrow or directly investing into the designated project, we, as their representative attorney, will file a petition for the immigration visa with USCIS (Form I-526). We will also help prepare all required documents for them and eligible family members.
    1. After the approval: If your application is approved, U.S. consulate will serve notice to the investor for interview about three to six months later. We will guide you through the consular interview.
    2. After interview: If you pass the interview, you and your immediately family (spouse and unmarried children under 21) may come to US and get a two-year conditional permanent resident card.
    3. Remove conditions: 90 days before the two-year conditional permanent resident card expires, we will help you file the application for removal of conditions to get a permanent resident card. We will help prepare your application with supporting documents.
  4. Citizenship: You can apply for citizenship five years after you receive your two-year conditional green card. We will assist in this application process for an additional fee.

Contact the New York City law firm, C.T. Lee & Associates, by calling 800-494-3809 to learn more.