EB5 Visa Timelines & Process

Process For EB-5 Petition:

File the Form I-526, Immigrant Petition by Alien Investor
After the approval of Form, I-526, file DS-260, Application for Immigrant Visa and Alien Registration if seeking admission into the United States from abroad or file Form I-485, Application to Register Permanent Residence or Adjust Status if you are in the United States and seeking permanent resident status, to become a conditional permanent resident.
On your second anniversary as a conditional U.S resident file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status within 90 days. Approval from the USCIS will remove conditions and you (and your dependents) will be given permanent resident status.

EB5 Application Process

EB-5 Direct Investment Business Plan

The first step is to prepare a comprehensive and credible EB-5 Business Plan which is in compliance with Matter of Ho which means it should demonstrate the job creation and potential of the New Commercial Enterprise (NCE).

If the EB-5 Project is located in a TEA zone i.e. an area that is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate. It is required to get a letter to show the location qualifies as a TEA zone at the time of investment.

Submit EB-5 Visa Application

After finalizing the Business Plan and location, an Immigration Attorney files for EB-5 Petition i.e. Form I-526 with USCIS. Form I-526 states the visa applicant has invested or is in the process of investing the required capital.

An applicant who is currently in the United States can concurrently apply for adjustment of status (AOS) by filing Form I-485 and receive an Employment Authorization Document (EAD) and Advance Parole (AP) combo card.

Receive Conditional Green Card

Form I-526 processing times may vary but it may be adjudicated in 18-24 months. Along with the I-526 approval, form I-485 will also be approved and the applicant including their dependents will receive a Conditional Green Card with a validity of two years.

Removal of Conditions (Form I-829)

90 days before the expiration date of the conditional Green Card, Immigration Attorney will file form I-829 for removal of the conditions. This form along with supporting documents such as tax records, payrolls, etc show that the NCE was maintained and 10 Full Time jobs were created.

EB-5 Green Card Eligibility Criteria

Under the Green Card by Investment program, investors are eligible to apply for EB-5 Green Card (permanent residence) and get their green card in 2-3 years including their spouses and unmarried children under 21. To process with immigration visa in the USA the investor must:

Create or preserve 10 full-time jobs for qualified US workers and Invest in New Commercial Enterprise (NCE) in the US

Green cards by investment category are issued in a limited number which is 10,000 a year. Out of which 3,000 are reserved for investors investing in TEA zones (high employment area). Since the Direct EB-5 Immigrant Investor Program is the only program that’s available right now the applications are processed faster and the priority date for most of the countries is current

Particularly for Indian Citizens, it’s a piece of great news, as the Green Card priority date for India is current.

EB-5 Green Card eligibility criteria

Like many other countries, the United States also has a program that offers lawful permanent residency to foreign investors who will invest in the growth of the US economy. However, it’s not just paying a fee and getting your Green Card by just investment. There are certain strict criteria set by USCIS to be fulfilled before you can apply for a visa by investment in the USA.

EB-5 Investors who can have invested or are actively in process of investing the required capital amount into the NCE (EB-5 project) and creating required jobs are eligible to file for the I-526 petition.

In general, an investor is eligible for an EB-5 Immigrant Visa in the USA if they are able to create 10 new full time jobs and meet the required investment amounts.

EB5 Doctors Process/Timelines

We at EB5 Doctors Group are on a mission to get you on the path to owning and operating a successful business here in the US. If you are interested in booking a FREE consultation call please consider reaching out to us.

Pre-Screening & Consultation

We begin with our initial consultation and assessment; this allows us to get a better sense of what it is we are going to accomplish together. We then move to our intake questionnaire and confidentiality agreement (CA). This is followed by a discussion with DSOs or MSOs. We finish this phase by having you sign a memorandum of understanding (MoU) with the DSO or MSO. These first, vital steps, help us build a solid foundation upon which to base your practice and get the EB-5 Green Card process started.

Planning Phase

Immigration & Business attorneys are introduced and this phase is for a more detailed discussion. During this discussion, we determine your eligibility and are able to provide a clear timeline for how things will play out. After gathering some information from you and chatting with an immigration lawyer, we will truly be able to determine whether an EB-5 visa program is the best path for you. Your next meeting will be held with a business planner and economist. We round out the planning phase by identifying & finalizing location(s) for the clinic.

Investment Stage

In the investment stage, Immigration Attorney will first verify the source of funds (SOF) and conduct a final case review. We then submit the EB-5 Visa Application (Form I-526) filed with USCIS. Finally, facility designing and construction begin. This phase is where your practice can begin to take shape and really come into its own as a business; we look to include you as much as possible in this part of the process to ensure that you are satisfied with the way your new business is being brought together.

Visa Application with USCIS

During the period of application, you run the clinic in full autonomy (while the application is being processed). Next up we expect form I-526 and I-485 will be approved and you receive a conditional Green Card.

Conditions Removal I-829

Finally, we file form I-829 after 2 years to remove the conditions so you can continue running the practice with complete freedom. Upon completion, you will receive an EB-5 Green Card and will have completed the EB-5 Investment Visa Program.

Step1:

Step2:

Step3:

Step4:

Step5:

(Week 1 - Week 4)

(Week 4 - Week 8)

(Week 8 - Week 12)

(18 - 24 Months)

(36 - 48 Months)

Required Documents

To apply for the EB-5 Visa, you’ll need to submit the following documents to the USCIS:

Documented evidence that you have invested or are investing the minimum required amount.

Prove that the capital investment was acquired legally.

Tax Returns (corporate, partnership or personal)

If the source of funds is a foreign business, provide foreign business registration records

Documented evidence to prove that you are managing or overseeing the new commercial enterprise.

Proof of source of other income

Prove that you intend to keep a minimum of 10 qualifying employees for at least two years.

Documented evidence of direct or indirect creation of jobs. If the job positions haven’t been created, a comprehensive plan that shows 10 job positions will be created.

Passport

If applicable, proof of civil lawsuits or criminal actions from a court outside or in the USA from the past 15 years

Birth certificates and/or marriage certificates

Passport-size photos

Medical examination Forms