Important notes for process of EB5 Visa application

The EB-5 settlement program, also known as the Employment Base Fifth, is an investment settlement program for entrepreneurs. The growing need to settle in the US makes the EB-5 program increasingly attractive to investors. There are many other investment settlement programs such as L1, L2, etc. but EB-5 is still one of the optimal ways to enter the US.

The EB 5 Visa application program of the US consists of 4 steps as prescribed by the US Immigration Department - USCIS. The immigrant investor, his or her spouse, and their unmarried children under the age of 21 will become permanent residents of the US after completing these steps. Permanent residents living in the US for 5 years have the opportunity to receive green cards to become a US citizen.

Locating an EB-5 Project

In order to apply the EB-5 Visa program, investors must select projects that match the EB-5 Visa program criteria. EB-5 projects are typically sponsored by EB 5 Regional Centers and investors invest in a newly formed company called a New Commercial Enterprise (NCE).

Investors must also ensure that he or she is able to meet the income requirement and other related requirements. The EB-5 Visa program requirements include:

• EB-5 investors must be able to prove that the investment is from legal sources.
• Investors must also invest in a project that meets the EB-5 Program requirements.
• Business plan is reliable and compliant with regulations.
• Funds must be invested in the New Commercial Enterprise and spent for expenses related to job creation.
• The project must create 10 new jobs for the American people for every EB-5 investor.
• Investor's capital must be in risk (being invested).
• Investors must hold a position and manage the business.

It is important that the investor must carefully review all project documents to ensure the project meets the requirements of the EB-5 program.

Invest in the project and process I-526 petitions

EB-5 visa applicants are required to invest US $ 900,000 or US $ 1.8 million in a US business. This investment may be in the form of cash, securities, tangible assets or cash equivalents accepted in the US market.

After selecting an appropriate EB5 project for investment, the applicant must make the necessary capital investment in the selected project. The investment amount must be $ 1.8 million if the project is not in the TEA (Target Employment Area). If the project is in TEA, then the investment will be $ 900,000.

Steps to make investment in the project:

To make an investment, the investor will sign a registration agreement that will give investors the ownership of the business. Investor funds are usually transferred to an escrow account controlled by an appointed escrow agent.

The immigration attorney will then provide proof of this investment by filing an I-526 petition with USCIS. Usually, after a period of 12 to 18 months, USCIS will approve or deny the I-526 petition and inform the applicant. In the event that the I-526 petition is rejected by USCIS, most businesses will refund the investment.

Permanent conditional 2 years

The investor has to become a 2-year conditional resident in the United States. EB5 investors are eligible to become US residents after I-526 petitions are approved by USCIS. Permanent residents can be attained in one of two ways:

1. If an EB5 investor has a lawful status in the U.S. (i.e., holding an immigrant visa issued by the U.S. Department of State), the investor submits Form I-485 to adjust their status to conditional permanent resident.
2. If an EB5 investor has no lawful status in the United States, then they must file for an immigrant visa by submitting Form DS-230 to the National Visa Center. This process can be done through the US consulate or US embassy in their home country.

Generally, either of these two steps will need the assistance of an immigration lawyer. If approved, immigration visas are usually issued on average within 6 - 12 months.

During a 2-year conditional residence, EB5 visa investors will be required to fulfill physical presence requirements, and cannot stay outside of the United States for more than a year. Under the EB 5 visa requirement if immigrant investors reside outside the United States for more than a year, they will be required to have a re-entry permit.

Unconditional permanent residence and I-829 form

The applicant can become an unconditional permanent resident by the removal of his or her 2-year conditional residency status after the I-829 petition is filed, reviewed and approved.

This application provides documentary evidence that the applicant has met all requirements of the EB-5 program, according to the US Citizenship and Immigration Services (USCIS).

After the I-829 petition is approved, an EB 5 visa investor, spouse and unmarried children under 21 years of age who are issued a 10-year Green Card can always be renewed.

Investors and families can permanently live and work in the United States. After 5 years from the date of conditional residence, the investor will have the option of becoming a US citizen to enjoy all current rights and benefits.

Customers interested in immigration programs and citizenship programs, please contact GIS for comprehensive advice. GIS is committed to bringing customers the most suitable settlement program for investors and their families.

Global Immigration Service Group (GIS)

• Address: Asia Trade Building, 507B Huynh Tan Phat,Tan Thuan Dong ward, District 7, HCM city, Vietnam
• Hotline: 1800 6235
• Mobile/Zalo/Viber/Whatsapp: +84 34 200 7989
• Email: [email protected]