- Once you have fully invested in the EB-5 project of your choice, you must secure U.S. immigration authorities’ (“USCIS”) approval of your eligibility by filing an I-526, Petition by Alien Entrepreneur.
- The I-526 presentation will include documentation regarding the qualifications of the EB-5 project as well as the details of your investment and the lawful source of your investment funds.
- After your I-526 is approved, you (and your spouse and children, provided they remain under age 21 as of certain benchmarks in the process) can seek permanent resident status by one of two means: Investors who reside abroad will apply for a visa at a U.S. consulate, and investors with lawful status in the U.S. may, under most circumstances, apply for adjustment of status from within the United States.
- Lawful permanent resident status is granted conditionally for two years. While you are a conditional permanent resident, you have the right to live and work in the U.S., travel to and from the U.S., and sponsor qualifying relatives for immigration benefits.
- Toward the end of the second year of your conditional permanent residence, you are required to file an I-829, Petition to Remove Conditions, documenting the job creation resulting from your capital investment in the EB-5 project.