The EB-5 Immigrant Investor Program is a two-step petition process that offers an expeditious path to permanent residency for foreign investors. The first step is the I-526 Petition, Immigrant Petition by Alien Entrepreneur. The I-526 petition must include documentary evidence outlining the lawful source of funds as well as the required documents that show the petitioner is actively investing or is in the process of investing the required amount of capital into a new commercial enterprise. Upon USCIS approval of the I-526 petition, the EB-5 immigrant investor will receive a two-year conditional residency (green card).
During the two-year period of conditional residency, the EB-5 immigrant investor and accompanying family may live, study and work freely in the United States and will be entitled to the same benefits as other lawful permanent residents. After two years of being granted conditional residence, the EB-5 immigrant investor may file his or her I-829 Petition, Application for Removal of Conditions. In order for the investor’s I-829 petition to be eligible for removal of conditions, he or she must demonstrate that within two-years of being granted conditional residence, the EB-5 immigrant investor; (1) invested the entirety of his or her EB-5 investment funds into a new commercial enterprise, and; (2) accordingly created ten full-time jobs.
Upon approval of the I-829 petition, the EB-5 immigrant investor and accompanying family members will become permanent residents and may be eligible for U.S. Citizenship subject to fulfilling further residency requirements.