EB5 Process
The procedure for obtaining an EB-5 Investor Green Card is best handled by a team of legal and investment professionals who can help you navigate the various stages of the process.
The first three steps below are designed to help you carry out thorough due diligence. The procedure for obtaining an EB-5 Investor Green Card is best handled by a team of legal and financial/investment professionals who can help you navigate the various stages of the process.
Step 1. Free Immigration Attorney Strategy Session
Why do we do this first? There is no commitment at this point. You don't have to decide etc.
What are the big benefits from going through this process?
How long will it take? Phone / Skype / GoToMeeting?
Step 2. Broker-Dealer Strategy Session
Broker-Dealer advisory services for EB-5 Investors include
- Conduct financial and risk analysis on the Client in order to determine Client specific suitability for the proposed EB-5 Investment;
- Perform due diligence on the proposed investment which shall include both financial and regulatory analysis to determine that the proposed investment meets the Client’s risk and investment needs;
- Negotiate and structure the terms and pricing of the purchase of the private placement securities behalf of the Client;
- Assist the Client in the non-legal aspects of final documentation and the purchase of the private placement securities; and
- Advise the Client on any other matter related to their investment needs as reasonably requested and mutually agreed to;
As to the services above provided by NMS, the investor has no obligation to directly compensate or pay NMS as NMS’ fees in exchange for providing Services on investors’ behalf shall be deducted from the administrative fee that the investor pays to the Regional Center.
EB-5 consulting services for Regional Centers include:
- Drafting, review or preparation of project documents (Business Plans, Marketing Plans)
- Financial Modeling /Analytics of prospective projects
- Feasibility Studies
Step 3. Tax Advice
What to say on this part?
Due Diligence Complete
After the investor completes their due diligence (preferably with the help of a licensed and EB-5 experienced U.S. financial/investment advisor and/or securities broker-dealer) on the EB-5 project or business, the investment is made and we move on to filing an investor I-526 Petition with USCIS, requiring USCIS to certify that the applicant and the investment are eligible for EB-5 status.
Step 4. Preparing Your Case
With an EB-5, I understand the applicant doesn't need to do too much work, but you'll want to be kept informed.
The approval of the I-526 petition takes on average 12-14 months. Once USCIS approves the investor’s Green Card, it is conditional for a period of 30 months (two and a half years).
Conditional Green Card status confers the same rights as the permanent (unconditional) Green Card.
The Online Visas Gateway platform instantly gives you 24/7 access to all the information on the progress of your case, from anywhere in the world.
After Approval...
- Between 21-24 months after the conditional Green Card has been approved, the investor must reconfirm that the investment has been made or is still in place and that the employment requirement has been fulfilled or maintained.
- Change of Status: I‐829. The immigrant who has gained a Conditional Permanent Residency shall file this Form to remove the conditions on their Green Card, along with the required filing fees. After being satisfied that enterprise fulfils the creation of ten full time job requirement for the investor, the Green Card shall be granted to the applicant and his family. (Current processing time for I-829 is currently listed on the USCIS website as 11.4 months)
- Once the condition has been removed, an unconditional Green Card is granted for permanent resident status in the United States.
- From the time of application for the conditional Green Card until approval of the Removal of Conditions, is approximately four years.
- Thereafter, in approved Regional Center programs, depending on the terms of the agreement, the investment may be sold, and the investor will maintain the permanent Green Card.
- U.S. Citizenship is possible approximately two and a half years later (a total of five years after approval of the conditional Green Card), upon satisfaction of U.S. residence.