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 :

  1. Details of the venture in which the applicant is going to invest in;
  2. Proof the investment creates or saves a minimum of 10 full-time jobs; and
  3. 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:

  1. Proving the viability of the investment;
  2. The timing of job creation;
  3. Demonstrating establishment of jobs;
  4. Troubled Businesses; and
  5. 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.