These are all the main steps to apply for an EB-5 visa.

Nicknamed the ‘Million-Dollar Visa’, EB-5 is actually more commonly only $500,000 per investor. EB-5 is an extremely popular visa for entrepreneurs all over the world looking to obtain U.S. permanent residency (green card status) for themselves and their immediate family members.

News of an EB-5 regulation in final review that would potentially increase the minimum investment amount has many foreign investors racing to lock in their EB-5 spots now. Here’s how you can invest now, too.

Apply for the visa by following these simple EB-5 steps:

1. Consult with an experienced EB-5 immigration attorney

Having an EB-5 immigration attorney from the very beginning of the process will make every step go more smoothly. An EB-5 immigration attorney can help an investor determine if they’re eligible for the program and if it’s even the right fit for their family.

2. Find a suitable regional center project

Locate a suitable EB-5 regional center project. There are several hundred EB-5 regional centers designated by USCIS with projects in a variety of industries for an investor to choose from. An investor will need to review with their attorney all business plans, private placement memorandum (PPM), economic models, and exit strategies before selecting a project to invest in.

3. Compile all the necessary documents showing your lawful sources of funds which are to be used for investment

Prior to filing your I-526 Petition for the EB-5 visa, an investor needs to produce evidence of the lawful sources of their funds. An EB-5 immigration attorney can help guide an investor on what documents to produce and translate into English.

4. Invest your funds into an escrow account

Once a project is selected, an EB-5 investor will need to make the $500,000 capital investment in an escrow account. These funds can come from a gift, inheritance, loan, savings, sale of assets, investment, or other sources. Please note, if the EB-5 project is not located in a targeted employment area (TEA), then the required minimum investment amount is $1 million. Ask your EB-5 immigration attorney about TEA.

5. Work with your EB-5 immigration attorney to file your I-526 Petition

After you have made your capital investment into the chosen EB-5 project, your EB-5 immigration attorney will provide proof of the investment by filing your I-526 Petition to USCIS. USCIS will then inform EB-5 applicants of whether or not their petition has been approved. This process can take several months, but is becoming quicker as evidenced by the newly released FY 2018 EB-5 data.

After obtaining your EB-5 Visa:

Once approved, an EB-5 investor, along with their spouse and unmarried children under the age of 21 years, will all become eligible to adjust their status and become conditional permanent residents. An EB-5 immigration attorney can assist EB-5 investors with this process. After successfully completing these steps, EB-5 investors can live, work, and travel freely in the U.S. They will then have roughly two years to complete the requirements of the EB-5 Program in order to remove the conditions on their family’s green cards. About five years after obtaining conditional permanent residency, an EB-5 investor and their immediate family may also become eligible for U.S. citizenship.

For more information about applying to the EB-5 Regional Center Program, send us a message.

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