EB5 Process

The EB5 Visa Program provides an opportunity for foreign nationals to invest in the US economy and, in return, gain green card level immigration status. As one might expect, this procress has a number of steps and must follow a schedule. Here is an outline of the EB5 Visa Immigration Process:

Step 1

The Regional Visa Center submits a proposed investment project to the US Citizenship and Immigration Service. This investment project proposal includes the EB5 Business Plan, Financial Plan, Employee and Hiring Plan, and an economic impact plan. This economic plan must be performed by an outside 3rd party economist. The USCIS will then evaluate the investment proposal and will approve or disapprove the project. This usually takes 4-8 months.

Step 2

If approved, the Regional Center will then market the investment project to foreign investors who are looking to invest in an EB-5 visa project and begin the immigration process. At this time, investors can review the business plan and proposal to evaluate if a project fulfills their expectations or requirements.

Step 3

When a foreign investor finds an investment project they want to pursue, they then select the project and apply for the EB-5 Visa.

An initial application is required along with an application fee. Do note that this fee is in addition to the projects required capital investment. Also note that in most cases, the application fees are held by a third party and are returned if the initial visa application is rejected.

At this point in the process, the regional center will evaluate if the investor has the necessary funds available through a variety of forms, filings and personal bank account verifications.

Step 4

The investor then sends the required funds to an 3rd party bank account and the foreign investor receives a conditional US entry visa. The funds are released after the investor receives the conditional visa.

Step 5

The foreign investor travels to the US on their conditional visa. They are not required to take residence in the same state as their project nor are they required to participate.

The conditional visa is valid for 24 months and allows for multiple entries. At this time the project is underway. Around the 20-24 month mark, a federal employee from the US Citizenship and Immigration Service will perform an on-site visit to the investment project to ensure that the EB5 Visa Regional Center and the investor created a functional and sustainable business with 10 full time employees per foreign investor.

Step 6

If the USCIS review does not find any problems with the investment project and the investor is in good standing, the investor receives a Green Card after their conditional visa is removed. At this time, an investor can make arrangements for their family to receive entry into the US.