EB5 PROGRAM PROCESS

EB-5 Investment is stated as the quickest and safest way for you and your family to settle down in the US. However, in order to be granted a U.S Green Card quickly, the investor must comply with the procedures and procedures for filing.

The process of applying for a EB-5 visa is as followed:

Step 1: Locating an EB-5 Project

This is a very first important step of your U.S settle-down plan. The EB-5 applicant must first find a suitable business project to invest in. The EB-5 applicants must take a careful consideration of a project: potential, business plan, employment,… Overseas migration agents often help EB-5 investors locate the project that best suits their needs.

Step 2: Providing documents and source of funds

Should the applicant provide his attorney the necessary documents to review whether the application is qualified and eligible? The applicant should provide those documents from the beginning. USCIS requires the applicant to provide the following documents that prove:

– The applicant has fixed income;
– With such income, the applicant owns his wealth that is sufficient to EB-5 investment.
– The investment capital comes from legal sources;
– Income from corporate profits
– Personal income: salary, donation, inheritance,…
– Income from real estate, stocks, securities, …
– A way of path of funds from home country to US that has a connection with the applicant;
– And these documents are translated into English.

Step 3: Signing investment documents

After preparing the application file fully, the applicant and the attorney will sign an agreement and a security agreement. The applicant transfers project management fees into Escrow account.

Step 4: Transferring investment capital

The applicant must make the required capital investment amount in the project that they have chosen. The investment must be US $1 million, or $500,000 (TEA). The applicant makes sure to transfer investment capital into correct account.

Step 5: Applying for Visa

At this time, the attorney, on behalf of the applicant, files Form I-526 to Immigration Department for investment visa. After Form I-526 is approved, the authorized organization will provide document on the visa application instruction (DS-2001 and DS-203i), and send information and forms to the applicant before registering visa interview schedule.

Step 6: Getting interview schedule from the U.S. Consulate

When the application gets approval, the applicant will receive an interview appointment from the U.S. Consulate. The applicant and his family must have a medical examination before the interview.

Step 7: Getting EB-5 Visa

After the successful interview, the U.S. Consulate General will issue conditional visa to the applicant and his family within 03-04 months. The conditional residence cards have a 2-year period. The applicant and his family may travel to the US within 180 days starting from receiving the visa.

Step 8: Getting permanent green card

After 21-24 months, the applicant proves that his investment has created at least 10 full-time employment required by USCIS. The attorney, on behalf of the applicant, will file I-829 petition to USCIS to apply for a permanent Green Card.

Step 9: Applying for US Citizenship

After living in the U.S. for 5 years, if the investor and his family want to permanently settle down here, they can apply for U.S. citizenship.

Included documents and procedure:

– U.S. Green card (copy).
– Application for Naturalization (N-400).
– Two portrait photos: 2 × 2 inch.
– Fee: $680 (waived if low income).
– Marriage certificate and copy of marriage certificate (for applicants who get married with U.S. citizens).

Steps to naturalization

– Determine whether the applicant is qualified to become a U.S. citizen.
– Submit Form N-400 (Application for Naturalization) to USCIS.
– Bio-metric testing (if any).
– Do an interview with USCIS specialist and naturalization test.
– Receive a decision from USCIS about the application of N-400 Form.
– Join Naturalization Oath of Allegiance to the United States of America and get the citizenship.

Note:

– EB-5 completion duration depends on each case: types of investment, level of completeness and accuracy of the information, etc.
– EB-5 Direct Investors suffers from sales pressures and maintaining 10 full-time employments for U.S. citizens, so the investment located within a regional center is the most option for many investors.

The process of filing application under EB-5 investment for the Green Card is very complex, in the light of US Immigration laws. Therefore, investors should choose prestigious consulting firms or highly qualified attorneys to simplify all procedures that is legal, money-saving and time-saving.

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