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APPLICATION PROCESS
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur. (Within 90 days of proof of funds – see below).
Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
We will assist with all forms, and walk our investor clients through the entire process. We provide further information on filing fees, and fee waiver request procedures.
Form I-526 Petition for an Alien Entrepreneur
Type of Investment | Supporting Documents (Evidence)* | New Commercial Enterprise | Evidence that you have established a “for profit” new commercial enterprise. Our project clients provide this. Evidence, if applicable, that your business has been established in a targeted employment area. Our project clients provide this. Evidence that you have invested or are in the process of investing the amount of $500,000 required. We will handle this via escrow agent for the project clients. Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following: - Foreign business registration records
- Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
- Documents identifying any other source of money; or
- Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor with the past 15 years.
These above items are very important. If you cannot provide this evidence, you should not consider applying with us. The USCIS is very strict about these policies.
Evidence that the new commercial enterprise will create at least 10 full-time positions – not including yourself, your spouse, sons or daughters, or any temporary/nonimmigrant workers. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten (10) employees will result, including approximate dates, within the next two-years, and when each employee will be hired. Evidence that you will be actively involved in the management of the new commercial enterprise, (day-to-day or through policy). Our project clients provide all of this evidence in their submissions of business plans. |
Form I-829 Petition by Entrepreneur to Remove Conditions
You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.
Type of Investment | Supporting Documents (Evidence)* | New Commercial Enterprise | Evidence that you in fact established a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’s organizational documents, and Federal tax returns.
Evidence that you have invested the total amount of required funds. Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following: - Business invoices and receipts
- Bank statements
- Contracts
- Business licensees
- Audited or reviewed financial statements
- Complete copies of Federal or State income tax returns or quarterly tax statements.
Evidence of the number of full-time employees at the beginning of your business and at present. Such evidence may include but is not limited to: - Business payroll records
- Relevant tax documents
- Employee tax form I-9’s.
| * Note: Regional center affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
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