It is strongly recommended that an investor obtain legal services for their immigration petition submission. The narrative and documentation needed for the petition is extensive and an attorney can assist with the petition, consulate interview and visa processing.
An investor must apply to the USCIS for EB-5 Visa qualification through the submission of a number of required elements including: USCIS forms, business plans and/or geographical statistics, financial information and other supporting evidence.
Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, salary, investments, sale of a property, inheritance, gift, loan or other lawful means.
Once the I-526 petition is filed, the approximate length of time for an investor to pass the U.S. Consulate interview and receive a conditional green card is approximately 8-14 months. It is important to note that each investor’s particular situation is different; adjudication processing times are often unpredictable, subject to USCIS adjudication delays, and may take a longer period.
The purpose of the Consulate application is to ensure that the investor and family members undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the Consulate Officer may address these issues and information printed on the I-526 petition, including the nature of the immigrant investment. If the investor and family are in the United States, they may apply to adjust their status at the appropriate office of the USCIS.
Family members may interview in different countries. The country of origin or where the family has current ties is the standard interview site. However, a student attending school in the U.S. would not have to return to the country of origin; status can be adjusted in the United States at the district office of the USCIS.
The conditional green card has an expiration date of two years from the date issued. Investors can submit their I-829 petitions as early as three months prior to the expiration date. Pangaea will supply all supporting evidence regarding the new business enterprise, capital investment and newly created jobs to submit with the I-829 petition. Once the I-829 petition is filed with the USCIS, conditional permanent residency is extended for one year. An investor should carry the USCIS I-829 receipt notice, along with the conditional green card, at all times.
Yes. Should an investor’s I-526 petition be denied, the full investment amount would be returned to the account from which the funds originated. However, once an investor has passed the I-526 stage, the administrative expense fees are not refundable generally. The investor must remain in the new business enterprise for the remainder of the term to receive repayment of principal.