<style>.lazy{display:none}</style>Applying for an EB-5 visa can be a complex process, but with the right guidance, it can be navigated successfully. - Gaatha Overseas
April 16, 2024
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Applying for an EB-5 visa can be a complex process, but with the right guidance, it can be navigated successfully.

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Here’s a step-by-step guide on how to apply for an EB-5 visa:

  1. Understand the EB-5 Visa Program: The EB-5 visa program is designed for foreign investors who are willing to invest in a new commercial enterprise in the United States that will create or preserve at least 10 full-time jobs for qualifying U.S. workers.
  2. Determine Eligibility: To be eligible for an EB-5 visa, you must invest a minimum of $1.8 million in a new commercial enterprise (or $900,000 if the investment is in a targeted employment area) and create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of receiving conditional permanent residency.
  3. Choose Your Investment: You can choose to invest directly in your own business or through a USCIS-designated Regional Center, which is an organization that focuses on a specific geographic area within the United States and seeks to promote economic growth through EB-5 investments.
  4. Prepare and File Form I-526: The first step in the EB-5 application process is to prepare and file Form I-526, Immigrant Petition by Alien Investor. This form is used to demonstrate that you have invested or are actively in the process of investing the required amount of capital in a new commercial enterprise and that your investment will create the required number of jobs.
  5. Wait for Form I-526 Approval: After you have filed Form I-526, you will need to wait for USCIS to approve your petition. This process can take several months to complete.
  6. Adjustment of Status or Consular Processing: Once your Form I-526 petition is approved, you can apply for conditional permanent residency either by adjusting your status if you are already in the United States or through consular processing if you are outside the United States.
  7. Prepare and File Form I-485 or DS-260: If you are adjusting your status, you will need to prepare and file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are going through consular processing, you will need to prepare and file Form DS-260, Immigrant Visa Electronic Application.
  8. Attend Biometrics Appointment: After you have filed Form I-485, you will need to attend a biometrics appointment where USCIS will take your fingerprints, photograph, and signature.
  9. Attend Interview: If required, you will need to attend an interview with USCIS where you will be asked questions about your EB-5 investment and eligibility for the visa.
  10. Receive Conditional Permanent Residency: If your application is approved, you will receive conditional permanent residency, which is valid for two years.
  11. Remove Conditions on Permanent Residency: Within the 90-day period before your conditional permanent residency expires, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, to remove the conditions on your permanent residency.
  12. Receive Permanent Residency: If your Form I-829 petition is approved, you will receive full permanent residency in the United States.

Applying for an EB-5 visa requires careful planning and preparation, but with the right guidance, you can successfully navigate the process and achieve your goal of obtaining permanent residency in the United States.

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