For foreign investors wishing to start or invest in a business venture in the United States, the EB-5 investor visa offers a means by which to seek permanent resident status. So-called “green card” investors must meet a number of strict requirements in order to base their green card application on their investment. These include investing in a “new commercial enterprise,” creating or preserving at least 10 full-time jobs for qualifying U.S. workers, and investing a minimum amount of money in the U.S.-located business venture.
In addition to these requirements, applicants for an EB-5 investor visa must file Form I-526, Immigrant Petition by Alien Entrepreneur, whether they are currently living inside or outside the United States.
Once the I-526 is approved, those who are currently living in the U.S. must also file Form I-485, Application to Register Permanent Residence or Adjust Status. Along with Form I-485, the U.S. Customs and Immigration Service (USCIS) requires several pieces of supporting evidence. These include two passport-style photos, Form G-325A (Biographic Information) for most applicants, copies of government-issued photo ID, birth certificates, certain passport pages, Form I-94 and I-693, the approval notice for Form I-526, and the applicable fees.
If coming into the U.S. from abroad, the immigrant will need to file for DS-230 and process through the consulate (including copy of the approved I-526).
If approved, the immigrant will be granted Conditional Permanent Residence for 2 years and further action is required before the expiration of 2 years is up, in order to receive the un-conditional permanent residence.
Warning: There is substantial evidentiary documentation requirements involved in this process and you are advised to seek and have Immigration attorney at every step to maximize your chance of success. At Peek and Toland, L.L.P., our experienced Austin, Texas immigration attorneys will help you apply for the visa that best suits your needs, building a compelling application that frees you to focus on your business. Contact us today to learn more.