As with many other governmental programs, the application process for the EB-5 visa is strict, and can be difficult to figure out.
In order to successfully obtain an EB-5 visa, the applicant must fill out Form I-526 Immigrant Petition by Alien Entrepreneur and provide :
- Details of the venture in which the applicant is going to invest in;
- Proof the investment creates or saves a minimum of 10 full-time jobs; and
- Where the money for the investment is going to come from.
If successful, the applicant will receive a conditional residency status for two years.
Issues with Removal of Conditions
After two years, the applicant must fill out another petition, the I-829, to get permanent residency status. They will essentially be applying to convert his or her status (aka remove conditions). If successful the applicant will then receive a permanent residency status. There are problems that arise during this stage and often times they include:
- Proving the viability of the investment;
- The timing of job creation;
- Demonstrating establishment of jobs;
- Troubled Businesses; and
- Regional Center Filings.
Consider contacting an experienced EB-5 attorney to streamline the process. Navigating Immigration Laws can be difficult, but an Immigration Attorney can help!
Click for resources regarding the EB-5 visa.
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