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Immigration Process Steps

What is the Procedure Process?

The foreign investor must complete a three step application process in order to become a permanent US resident. It is strongly recommended that an experienced immigration attorney assist in filing the required paperwork.

ORC gives EB-5 investor Confidential Offering Memorandum describing EB5 Investment Project
Investor signs Subscription AGreement and provides background information to ORC
Investor deposits $545.000 into secure bank escrow account
Investor’s attonrney submits I-526 application to US Citizenship and Immigration Service(USCIS)
Approved:
Escrow accont releases $545.000 to partnership account
Declined:
Escrow account returns investor 100% of $545,000
Investor has US consulate interview and is issued a conditional GReen Card
Investor’s attorney shubmit I-829 application to USCIS for unconditional (permanent) Green Card
Conditional status of GReen Card is removed and Gren CArd becomes permanent
After 5 years of issuance, Investor is divested of EB-5 Investment Project(returned $500,000) and investor and family may apply for US Citizenship
Step 1

In order to qualify as an immigrant investor under the EB-5 Program, the foreign investor must submit a completed Form I-526, Immigrant Petition by Alien Entrepreneur, to the United States Citizenship and Immigration Services (USCIS), along with the supporting documentation to clearly demonstrate that the investment meets all EB-5 requirements. NYIRC will provide the supporting documentation that the investor’s attorney will require in order to satisfy these requirements.

Step 2

Following approval from the USCIS of the immigrant investor’s Form I-526 filing, the next step is to obtain conditional resident status. How this is pursued depends upon where the immigrant investor currently resides. If already lawfully residing in the United States, Form I-485 (Application to Register Permanent Residence or Adjust Status), together with any supporting documents, is filed with the USCIS. If not currently residing in the United States, Form DS-230 (Application for Immigrant Visa and Alien Registration), together with any supporting documents, is filed with the Department of State.

Step 3

In order to become a lawful permanent resident, the immigrant investor must file Form I-829 (Petition by Entrepreneur to Remove Conditions), together with any necessary supporting documents, with the USCIS. This petition must be filed within the ninety (90) day period immediately prior to the second year anniversary of the investor’s admission to the United States as a conditional permanent resident. The investor is required to demonstrate that the investment was sustained throughout the two year conditional period and that the required jobs were created as a result of the investment. NYIRC will provide the documentation to satisfy the job creation requirement to the investor’s attorney. Approval of the I-829 Petition by the USCIS results in the investor, along with his/her spouse and any family members under the age of 21, becoming full permanent residents of the United States.


Please feel free to browse through the resources we have made available to learn more about the EB-5 program.

If you think EB-5 is the option for you, or if you want to explore alternative immigration options, you should schedule a consultation with us.

A consultation allows us to review all of the facts in your situation, after which we can present you with all of the options you have.

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